PROGRESSIVE GAME PLAN: NEUTRALIZE THE SUPREME COURT AND DISARM THE CITIZENRY

The recent scurrilous attack on Associate Justice Clarence Thomas is part and parcel of the Political “Progressives”* attempt to neutralize the independence of the Third Branch of Government, the Judiciary, and its most ardent supporter of an armed citizenry.On April 9, 2021, two years ago to this day of posting this article on the Arbalest Quarrel, Joe Biden issued an executive order, forming the Presidential Commission on the Supreme Court of the United States, “to examine the Court’s role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”The key phrase in this executive order is “the Court’s role in the Constitutional system.”The Commission’s purpose may seem benign. It is anything but benign. Almost a hundred and thirty years earlier, Franklin D. Roosevelt attempted the same thing. Both sought to sideline and neutralize the U.S. Supreme Court.Fortunately, for the Nation, the efforts of Roosevelt and Biden came to naught.But the Biden Administration’s Progressive Globalist agenda is more extravagant and elaborate than anything dreamed up by Roosevelt and the fabricators of the “New Deal.”The Progressives’ goal of a neo-feudalistic global empire requires neutralizing the High Court and erasing America’s armed citizenry.The U.S. Supreme Court remains the only Branch of the Federal Government today that recognizes the importance of an armed citizenry to resist tyranny.In three seminal case law decisions—Heller, McDonald, and Bruen—coming down in the last fifteen years, the conservative wing majority, led by Justices Clarence Thomas, Samuel Alito, and the late Justice Antonin Scalia, made patently clear the right to armed self-defense is an individual right and a natural law right, the core of which Government is forbidden to interfere with.But these decisions are at loggerheads with the Progressives’ desire to neuter the right of the people to keep and bear arms.In a report on “progressivism,’ published on July 18, 2007, the Heritage Foundation has described the nature of and the aims of the political, social, and cultural transformation of the Nation, using the word, ‘Revolution,’ to describe it.Progressives have since made substantial strides in undermining the Constitution and transforming America beyond all recognition.But use of the word, ‘Revolution,’ to describe this transformation is inaccurate. Rather, this extraordinary and extensive push to remake American society, is not properly a Revolution because we had our Revolution—the American Revolution of 1776—when America’s first Patriots defeated the British empire.These Patriots constructed a free Constitutional Republic, unlike anything the world has seen before or since.Having thrown off the yoke of tyranny, the framers of the U.S. Constitution, created a true Republican form of Government.This “Federal” Government is one with limited and carefully delineated powers and authority. And those powers and authority are demarcated among three co-equal Branches.The Government comes to be not by Divine Right nor by Right claimed for itself by itself. Rather, it comes into existence only by grace of the American people, who are and remain sole sovereign.Since the people themselves created the Government, they retain the right to dismantle it when that Government serves its interests to the detriment of the people, devolving into tyranny.The natural law right to armed self-defense, a right that shall not be infringed, is the instrument of last resort through which the American people maintain and retain both the legal and moral right to resist tyranny that Progressives impose on Americans. See AQ article, posted on October 1, 2021.Progressivism is a thing openly hostile to and antithetical to the tenets and precepts of Individualism upon which the U.S. Constitution rests. See, e.g., article AQ article, posted on October 6, 2018.Adherents of this political and social ideology perceive Government as sovereign over the people, turning the Constitution on its head.Progressivism is an evil perpetrated on the American people, coming into being without the consent of the governed. It seeks a Globalist “Counterrevolution” in counterpoise to the morally good and successful “American Revolution.” See AQ article posted on October 26, 2020.It is in this that the arrogant and ludicrous attack on Justice Thomas comes plainly into view.Representative Ocasio-Cortez, a Progressive Democrat, has recently brought up the subject of impeachment against Clarence Thomas pertaining to “luxury trips and outings on yachts and private jets owned by Dallas businessman Harlan Crow, according to an investigation by ProPublica . . . .” See the article published in thehill.com.She adds, in her typical hyperbolic, rhetorical fashion,“‘Barring some dramatic change, this is what the Roberts court will be known for: rank corruption, erosion of democracy, and the stripping of human rights.’” Id.Impeachment of a sitting Justice does fall within the purview of Congressional authority, but it is impractical and almost unheard of in the annals of history.The House of Representatives impeached Associate Justice Samuel Chase, in 1804. He was acquitted by the U.S. Senate in 1805 and served on the High Court until his death in 1811. Another Associate Justice, Abe Fortas, resigned under threat of impeachment, in 1969. See the article posted in history.com.Impeaching Justice Thomas in a Republican-controlled House won’t happen.Progressives try a different tack.“Sixteen lawmakers led by Sen. Sheldon Whitehouse, D-R.I., and Rep. Hank Johnson, D-Ga., sent a letter to Roberts on Friday requesting an investigation into ‘allegations of unethical, and potentially unlawful, conduct.’” See the article in Foxnews.com.Asking the Chief Justice to launch an investigation of his brethren is pompous, absurd, lame, and bogus.Roberts will do no such thing. And this will rankle Progressives.The Third Branch of Government remains constantly, aggravatingly, tantalizingly beyond the ability of Progressives to tamper with.Unable at present to sit more mannequins like Ketanji Brown Jackson on the Court, they continue to probe for weaknesses. As a last resort, these Democrat Progressives challenge the Court’s importance, independence, and role.Progressives employ like-minded attorneys to undercut the authority of the High Court.One such attorney is Barry P. McDonald, Law Professor at Pepperdine University. In an essay, posted on The New York Times, on May 26, 2016, McDonald writes,“The Supreme Court today is both political and powerful in ways that would be unrecognizable to the framers of the Constitution. They penned a mere five sentences creating a ‘supreme Court’ and defining its jurisdiction. The judicial branch was something of an afterthought for them, because they believed that in a democracy the elected branches would be responsible for governing the country.Judicial review, in its modern sense, did not exist. As the framers envisioned it, the justices appointed to the Supreme Court would mainly interpret and apply federal law when necessary to resolve disputes involving the rights of individuals. And though the framers’ views on the court’s role in interpreting and enforcing the Constitution are the subject of debate, it seems most likely that when disputes required determining whether a federal law comported with the Constitution, the court’s interpretation was supposed to bind only the parties in the particular case — not the legislative and executive branches generally.Over time, however, and especially from the mid-20th century on, the court’s vision of its role in our democratic system changed, from dispute resolver to supreme arbiter of all matters of constitutional law, so that elected branches of government at federal and state levels were bound to accept its interpretations. The American people largely went along with this accretion of power. But they surely never anticipated that eventually, many politically charged and contestable questions — for example, whether the Constitution guarantees the right to possess guns, to have an abortion, to allow gay couples to marry, or to allow corporations to spend money to help elect our political representatives — would be decided by one unelected justice who straddled political voting blocs on the court.This is democratic folly.”And, in a follow-up article posted in the Times, on October 11, 2018, Barry McDonald, writes,“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.”McDonald claims the founders relegated the U.S. Supreme Court to a subservient role in our Three-Branch Governmental structure. This is not only an uncommon viewpoint among scholars, and legally odd; it is demonstrably false.In the Federalist Papers Alexander Hamilton made patently clear that, on matters of Constitutional authority, the Legislative Branch must yield to the Judiciary.“No legislative act . . . contrary to the Constitution can be valid.  To deny this would be to affirm that . . . men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.  If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions of the Constitution. . . . . It is more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts.”– Excerpt from Federalist Paper No. 78, written by Alexander Hamilton and published in 1788, part of the founding era’s most important documents explaining to the people the nature of the Constitution then under consideration for ratification. See the article in constitutionalcenter.org. The article also cites to one of the Barry McDonald articles for comparison and contrast.Hamilton’s essay in Federalist Paper No. 78 is an outright repudiation of  McDonald’s remarks about the U.S. Supreme Court. See citations, supra.U.S. Supreme Court Justice, John Marshall was certainly aware of Alexander Hamilton’s remarks in the Federalist, when he drafted his opinion in Marbury vs. Madison, 5 U.S. 137 (1803). The case is a mainstay of Constitutional Law, taught to first-year law students and one of the most important cases in American jurisprudence.The case lays out clearly and categorically the vital role played by the U.S. Supreme Court in our Three-Branch Federal Governmental system.In no uncertain terms, John Marshall, made definitely and definitively clear that it is for the Judiciary, not the Legislature, to determine the constitutionality of Congressional Statutes. We cite below a portion of  Justice Marshall’s erudite opinion.“If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

The judicial power of the United States is extended to all cases arising under the constitution.Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises?

This is too extravagant to be maintained.”

Progressives pretend the U.S. Constitution is capable of shapeshifting. It isn’t.That doesn’t bother them, though, because they intend to eliminate the Constitution. Referring to it now, as they must, just to destroy it, and creating something novel, more to their liking—a thing subordinated to international law or edict, and subject to change as whim or chance dictates—that's what they they have in mind.In the interim, they force it to cohere to their precepts, agenda, and goals, all of which are antithetical and anathema to the Constitution, as written.In the naked attempt to knead the Constitution as if it were a lump of clay, they show their hand.Trivializing the role of the Court because they can’t easily control it and going after a U.S. Supreme Court Justice they don’t like because he defends a natural law right they don’t agree with, Progressives proclaim to all the world their shameless contempt for Nation, Culture, History, Heritage, Constitution, Ethos, Ethic, and People.They dare disparage us. Yet, it is we, true American Patriots, who rightfully ought to visit derision on them.______________________________________________*The expression ‘Progressive’ as with the expression, ‘Liberal,’ (less so with the expressions, ‘Marxist,’ ‘Neo-Marxist,’ or ‘Classical Marxist’) do not have precise and rigid definitions, due in part, perhaps, to the ubiquity and popularity of the first two terms in the Democratic Party vernacular.Most Democrats, it is here presumed, prefer use of ‘liberal’ as applied to them. And some no doubt prefer the term ‘Progressive,’ as an acknowledged more extreme version of ‘Liberal,’ and they take the label as a note of pride. See article on the website, thisnation.com.But most, if not all, Democrats avoid the appellation ‘Marxist,’ at least publicly, even if that label is most in line with their ideological beliefs, social, political, and economic, and demonstrated in their actions. They might use that expression amongst themselves even if they dare not refer to themselves as ‘Marxist’ in public and would deny the description vehemently if the label is thrust on them by an outsider. For this article, we are staying with the expression, ‘Progressive,’ as it aligns most closely with the theme of the article and apropos of references made in it.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

IF THE SECOND AMENDMENT FALLS, THE NATION FALLS, AND NEW YORK IS DOING ITS PART TO MAKE SURE THAT HAPPENS

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART NINETEEN

SUBPART ONE OF PART NINETEEN

A NATION ON THE PRECIPICE OF RUINATION

As one more year draws rapidly to a close in these first three decades of the 21^st Century, the United States stands precariously at the edge of an abyss.One Branch of the Federal Government, the U.S Supreme Court, at least, recognizes the danger, and has prevented the Country from falling over the precipice.After a century of sidestepping the issue, the U.S. Supreme Court established, in three precedential case law decisions, what had been visibly plain in the language of the Second Amendment itself all along, if one would only look.All three cases were handed down in the first three decades of the 21^st Century. They include:District of Columbia vs. Heller in 2008, McDonald vs. City of Chicago in 2010 and New York State Rifle & Pistol Association vs. Bruen in 2022.These three cases, together, stand for the following propositions, now black letter law:

• The right of armed self-defense is an individual right unconnected with one’s service in a militia
• The right of armed self-defense is a universal right, applicable to both the States and the Federal Government.
• The right of armed self-defense applies wherever a person is, inside the home or outside it.

These three legal axioms are, together, the singular Law of the Land. But for this Law, the Republic would have fallen into ruin, this Century.There would be nothing to rein in a rogue Congress, a rogue Biden Administration, or rogue jurisdictions like those around the Country: New York, Illinois, California, Washington State, Washington D.C., Oregon, Hawaii, and several others.The rot from those State jurisdictions and from the Federal Government would eventually infect many other States.Forces inside the Government and outside it, both here and abroad—wealthy and powerful, malevolent and malignant—machinate constantly to destroy the right to armed self-defense.These forces will not tolerate an armed citizenry.The existence of an armed citizenry contradicts their end goal of a neo-feudalistic world government. The armed citizenry precept deviates from their plan of world conquest.Their goal for the 21st Century is a return to the political, social, and economic feudalistic construct operating in the world of the 5th through 15th Centuries—the Middle Ages.These ruthless elements have declared——

• The United States can no longer continue as a free Constitutional Republic;
• The American people must be subjugated; and
• Any thought of an armed citizenry must be erased from the collective memory of the American people.

The ashes of a once powerful, respected, sovereign, independent United States are to be commingled with the ashes of other western nations.The EU and the British Commonwealth Nations are a step in the direction of that world empire.The neoliberal democratic world order is conceived as——

• One devoid of defined geographical borders,
• One absent national governments; and
• One bereft of any defining history, heritage, culture, ethos, or Judeo-Christian ethic by which the people of one nation may easily distinguish themselves from any other.

Will the U.S. fall victim to totalitarianism as have the nations of the EU and British Commonwealth; as have India and China; and as have most all countries in the Middle East? Let us hope not.The U.S. need not fall victim.The U.S. has something all other nations lack: a true Bill of Rights.Our Bill of Rights consists of a set of natural laws: fundamental, unalienable, unmodifiable, immutable, illimitable, and eternal.Within this Country’s Bill of Rights rests a Cardinal Truth. And, of this Truth——

• The Founders were aware of it.
• The Republic they founded is grounded on it.
• The strength and power of our Country and the staying power of our Constitution is a testament to it.

All Americans should imprint this Truth on their collective memory:“What isn’t created by man cannot lawfully be taken from man by other men, nor by any temporal artifice of man: Government, for the sanctity, inviolability of man’s Selfhood, his Soul, and his Spirit do not belong to the Government; they cannot be bestowed on man by Government; and they cannot be severed from man by Government.Government is a dangerous enterprise.Our Federal Government is no longer reliable. It has gone rogue. It has forgotten the people whose interests it was created to serve. It serves special interests that fill campaign coffers and it serves wealthy, powerful foreign agencies of whom the public has no inkling.

• With this Federal Government, the American people have got “a tiger by the tail.” It is difficult to hold onto, but one daren’t let it go, lest it bite the people. Best to destroy it if we can no longer hold onto it.
• That “Tiger,” our Federal Government, is a creation of the American people and exists only to serve the people—the true and sole sovereign over the Federal Government.
• The presence of an armed citizenry serves as both evidence of its sovereignty over the Government, and the mechanism by which it may lawfully constrain it contain it, or curtail it if the Government loses its way and turns against the people.
• The Right to Armed Self-Defense is Natural Law, a God-given right, bestowed on man by the Divine Creator.
• Government cannot lawfully modify Natural Law, Ignore it, Rescind it, or formally Repeal it.
• Since armed self-defense is a Natural Law Right, the U.S. Supreme Court—in Heller, McDonald, and Bruen—didn’t make new law. The rulings of the three seminal High Court cases simply make explicit what is tacit in the language of the Second Amendment.

Unfortunately, many jurisdictions have failed to recognize, or otherwise have failed to acknowledge and accept, the strictures of the Second Amendment.That necessitated the intervention of the High Court. In one Second Amendment case after another—from Heller to McDonald, and then to Bruen—the Court has ordered States to uphold the strictures of the Second Amendment. Yet, many refuse to do so.Indeed, many jurisdictions reject Heller, McDonald, and Bruen outright. But no jurisdiction does so more emphatically, and contemptuously, and openly, than New York. We turn to a look at the status of recent litigation in New York.__________________________________

SUBPART TWO OF PART NINETEEN

SUB-SUBPART A

NEW YORK’S GUN LAW: STATUS OF THE ANTONYUK CASE GOING FORWARD*

The New York Government, under Governor Kathy Hochul and the Democrat Party-led Legislature in Albany, have declared outright war on the precepts of Individuality upon which the U.S. Constitution rests.Hochul’s Government crafted a comprehensive set of amendments to New York’s Gun Law, the Sullivan Act.These amendments specifically and negatively affect N.Y. Penal Law § 400.00(2)(f). That’s the concealed handgun carry license section of the State’s Sullivan Act.The amendments are referred to collectively as the “CCIA.” Hochul signed the amendments into law on July 1, 2022. This was scarcely a week after the High Court published the Bruen decision, on June 23, 2022.A flurry of lawsuits followed. Plaintiff gun owners filed the first one, Antonyuk vs. Bruen (Antonyuk I), on July 11.The U.S. District Court for the Northern District of New York dismissed that case without prejudice on August 23.The Court ruled one of the Plaintiffs, Gun Owners of America and its affiliates, lacked standing to sue.Ivan Antonyuk, the captioned Plaintiff individual of Antonyuk I, refiled his lawsuit against Defendant Kevin Bruen, Superintendent of State Police, on September 20. Five additional Party Plaintiffs, all individuals, joined him in the lawsuit. The Plaintiffs added eight additional Defendants. Governor Kathy Hochul was one of those Defendants. The Defendants were all State, County, or City Government Officials. All of them were sued in their official capacities. The New York Courts refer to this second case as Antonyuk II. The case was formally recaptioned, Antonyuk vs. Hochul. On September 22, the Plaintiffs filed their Emergency Motion for a Temporary Restraining Order, and on September 28, they added a Motion for Preliminary Injunction (“PI”).The Oral Hearing was held on September 29.On October 6, the U.S. District Court issued its order, granting the TRO in part, and denying it in part.One month later, on November 7, the District Court ruled on the Plaintiffs’ Preliminary Injunction, granting it in part, and denying it in part.The Court also dismissed out Governor Hochul as a Party Defendant, ruling that, “Plaintiffs have not alleged or shown how Defendant Hochul could be properly found to have the specific legal duty to enforce the CCIA.”In addition, Steven Nigrelli was named the new Superintendent of the State Police, replacing Kevin Bruen, as Party Defendant.With both Hochul and Bruen out of the picture, the case, Antonyuk II, was recaptioned, Antonyuk vs. Nigrelli. With the granting of the Preliminary Injunction, the TRO was mooted, and the Parties jointly agreed to dismiss the TRO.On November 8, 2022, the New York Gubernatorial race was held. On that same date, the Government appealed, to the Second Circuit, the District Court’s granting of the PI in Antonyuk II.On November 15, 2022, the Second Circuit issued a terse stay of the PI, pending its ruling on the Government’s Motion requesting relief from the District Court’s granting of the PI.The Second Circuit November 15 Order reads:“Defendants-Appellants, seek a stay pending appeal, and an emergency interim stay, of the Preliminary Injunction issued by the District Court on November 7, 2022.It is hereby ordered that a temporary stay is granted, pending the panel’s consideration of the motion.”The Second Circuit obliged the Government, overturning the U.S. District Court’s grant of the PI stay.This means Hochul’s Government can enforce the CCIA during the Second Circuit’s review of the PI.Time is therefore on the side of the Government.Hochul Government now has what it wants—the ability to enforce the CCIA against New York’s Gun Law during the Second Circuit’s review of the PI.Plaintiffs and all other holders of valid concealed handgun carry licenses as well as those who wish to obtain a New York concealed handgun carry license must now contend with the CCIA.Present holders of a valid New York concealed handgun carry license like the Plaintiffs in Antonyuk II, are particularly negatively affected by this Order.Plaintiffs understandably were not happy about the Second Circuit’s November 15 Order, lifting the stay of the CCIA imposed by the U.S. District Court for the Northern District of New York.So, four days after the issuance of the Second Circuit’s November 15 Order, the Plaintiffs, on November 19,  filed their response to the Government’s stay of the PI pending the Circuit Court’s review of it.The Plaintiffs took the Government to task, stating,“In their Motion, Appellants generally malign the district court’s preliminary injunction, but fail to note that the CCIA is no ordinary law–breathtaking in both its scope and its blatant unconstitutionality. The district court was correct to enjoin enforcement of many of the CCIA’s patently unconstitutional provisions, and this Court should (i) decline Appellants’ invitation to be the first circuit court to bless a statute specifically enacted to defy Bruen, (ii) vacate its improvidently granted administrative stay, and (iii) deny Appellants’ Motion.”Whether to enforce the operation of the CCIA during litigation or stay its enforcement turns on a four-factor test created by the Second Circuit. The Plaintiffs addressed the four-factor test in their Opposition to the Government’s Motion, stating— “The relevant factors to be considered are ‘[i] the applicant’s strong showing that [they are] likely to succeed on the merits, [ii] irreparable injury to the applicant in the absence of a stay, [iii] substantial injury to the nonmoving party if a stay is issued, and [iv] the public interest.’ A stay ‘is not a matter of right, even if irreparable injury might otherwise result;’ rather ‘it is an exercise of judicial discretion, and [t]he party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion.” Finally, where (as here) an applicant is ‘totally lacking’ a strong showing of likelihood of success, ‘the aggregate assessment of the factors bearing on issuance of a stay pending appeal cannot possibly support a stay.’ Appellants fail all four factors. . . . The district court’s order will cause no harm to Appellants, as many of the CCIA’s provisions – which have been in effect barely over two months – are entirely novel in New York law, as well as lacking any historical analogue. . . . The sky did not fall prior to the CCIA’s enactment, and the sky is not falling now. Rather, the PI merely returns the state of the law to what it was just over two months ago.”Responding to the Plaintiffs’ Opposition to the stay of enforcement of the CCIA, the Second Circuit issued an amended Order on December 7, 2022.The new Order reads:“Appellants request a stay pending appeal of the district court's order dated November 7, 2022 (N.D.N.Y. 22-cv-986, doc. 78), enjoining Appellants from enforcing certain aspects of New York's Concealed Carry Improvement Act (‘CCIA’). Having weighed the applicable factors, see In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007), we conclude that a stay pending appeal is warranted.  Accordingly, upon due consideration, it is hereby Ordered that the motion for a stay pending appeal is Granted and the district court's Nove1nber 7 order is Stayed pending the resolution of this appeal. To the extent that the district court's order bars enforcement of the CCIA's provisions related to persons who have been tasked with the duty to keep the peace at places of worship, airports, and private buses, such categories are excepted from this order. Appellees' motion to expedite the resolution of the matter is Granted.”What this new Order means is this:The Second Circuit allows the Government to enforce the amendments to the State’s Gun Law during its review of the Preliminary Injunction, subject to a minor exception.The Second Circuit said the stay does not affect the “Sensitive Location” prohibitions to airports, places of worship, and private buses.This is hardly a concession to the Plaintiffs.Airports fall under the jurisdiction of the Federal Government, not the State.No civilian may carry a firearm in airports, anyway.And houses of worship and private buses are the only private entities, that the Second Circuit says can devise their own rules for the carrying of firearms.All other CCIA “Sensitive Location” provisions remain operative during the Second Circuit’s review of the PI.But the Second Circuit’s treatment of the “four-factor test,” in the recent Order is both curious and disturbing. Recall the lower District Court had meticulously applied the Four-Factor test as it is required to do when first granting the Plaintiffs’ TRO, and subsequently granting the Plaintiffs’ PI. But why did the Second Circuit reject the findings of the District Court?In lifting the PI stay, the Second Circuit never explained its reasoning for doing so.The Court cites a case that is inapposite. And it is one that neither the Plaintiffs nor Defendants cite in any of their filings. The Court merely says it has weighed the factors and tacitly finds for the Government.This is all contrary to the findings and cogent reasoning of the lower District Court.It suggests the Court will overturn the PI, thus jeopardizing the attack on the constitutionality of the CCIA and further reducing the chance of eventually securing a Permanent Injunction against enforcement of the CCIA.This all suggests what New Yorkers have lost in failing to seat Zeldin in the Governor’s mansion.Had Lee Zeldin prevailed in the Gubernatorial race against Kathy Hochul, Plaintiffs and all other New York gun owners holding valid New York restricted or unrestricted handgun carry licenses would likely be in a different and better place.As Governor, Lee Zeldin could request the dismissal of Antonyuk. All other pending challenges to the CCIA would be mooted. The CCIA would have no effect.This would entail reverting to the originalN.Y. Penal Law § 400.00(2)(F). That would benefit those present holders of New York concealed handgun carry licenses who had complied with the “proper cause” requirement of the older Gun Law.Eventually, Zeldin, as New York Governor, could work with the State Legislature in Albany to rescind the entire licensing structure. Alas, that will never be. Four years of Hochul in Office will mean further restrictions on the Second Amendment, as the CCIA and other New York Gun laws clamp down ever tighter on a citizen’s exercise of his or her Second Amendment right to armed self-defense.________________________________

SUBPART TWO OF PART NINETEEN

SUB-SUBPART B

AN IN-DEPTH LOOK AT THE APPLICATION OF THE FOUR-FACTOR TEST IN ANTONYUK VS. NIGRELLI

A perusal of the Four-Factor test demonstrates why the lower U.S. District Court for the Northern District Court of New York was correct in granting the Plaintiffs’ PI, and why the U.S. Court of Appeals for the Second Circuit was wrong in staying the PI, during the Court’s resolution of it.

• The likelihood that Plaintiffs would prevail on the merits.

The District Court, in its opinions, both in Antonyuk I and Antonyuk II laid out a comprehensive argument supporting a finding that the CCIA is unconstitutional and that Plaintiffs would likely prevail in their suit on the merits against the Government.This first factor, therefore, works to the benefit of the Plaintiffs, supporting the granting of the PI.

• Irreparable injury to the Plaintiffs in absence of a stay of enforcement of the CCIA.

The District Court pointed out that, by carrying their handgun in public, the Plaintiffs would engage in behavior lawful under the original NY Gun Law but, under the “Sensitive Location” clause of the CCIA, now unlawful in many locations in New York.Thus, the CCIA operates perversely to restrict an already restrictive Gun Law the U.S. Supreme Court had ruled unconstitutional on the “proper cause” issue in Bruen. If current holders of a valid NY handgun carry license continue to carry under the CCIA, they will have committed a crime if they carry that handgun in a “Sensitive Location.”If arrested while carrying a handgun in public, in a “Sensitive Location,” they will lose their license to carry because the valid New York concealed handgun license they presently have is invalid if carrying a firearm in a “Sensitive Location.” The CCIA overrides the concealed handgun carry license in those locations.If arrested, the licensee will also be forced to surrender their handgun to the appropriate police authority, along with any other firearms they may have possession of in New York.Further, they will now have a criminal record on file, jeopardizing their acquisition of a license anew in New York. This will also jeopardize their ability to exercise their Second Amendment right in many other jurisdictions they may happen to work in or relocate to, thereafter.To avoid the possibility of arrest, these licensees must voluntarily relinquish carrying a handgun in public for self-defense. But doing so endangers their life, which was the reason these licensees applied for a concealed handgun carry license, in the first place.Remember, licensing officers had determined these license holders do face extraordinary risk, thus warranting issuance of a license under the original “proper cause” standard that the respective New York licensing authorities established, consistent with the original New York Gun Law.Plaintiffs are therefore in a bind. If they carry a handgun in a “Sensitive Location”, they risk arrest, loss of their license, loss of their handgun, and a criminal record to boot. If they do not carry a handgun for self-defense, they endanger their life.That is a  Hobson's choice; the idea that present holders of valid New York concealed handgun carry licenses have here; no acceptable choice, and evidence of irreparable harm to the Plaintiffs.To give Hochul’s blatant refusal to abide by the rulings of the U.S. Supreme Court in NYSRPA vs. Bruen a leg to stand on, she attempts to give the public a sense that she cares deeply about the safety concerns of New Yorkers; that her amendments to the State’s Gun Law are designed to effectuate that end. What she delivers to the public is nothing more than an elaborate promo, an infomercial proffered to sell a product. The product she is selling is simply a more tortuous, and torturous version of the Sullivan Act enacted over one hundred years ago. And, like all promos and infomercials, it is meant to make a profit off a person’s gullibility. In the instant case, the Sullivan Act, a noose around the necks of free citizens, squeezed ever tighter. The Sullivan Act endangers the life of New Yorkers under the guise of securing life. It is all charade and theater.This second factor, therefore, works to the Plaintiffs' advantage, supporting the PI.

• Substantial injury to the nonmoving party. 

This is the mirror image of the previous factor. This is where the Government, the “non-moving” party, must demonstrate that the New York public faces irreparable injury if the Government is enjoined from enforcing the CCIA and that the harm to the public outweighs the harm to the Plaintiffs.That is what the Government says. The assertion is patently ridiculous.If the public was under no grave threat before the enactment of the CCIA, with stringent restrictive gun measures already in place, then it follows logically the public cannot be under a graver threat of injury now if the Second Circuit affirms the stay of enforcement of the CCIA,  pending resolution of the PI. But that’s what the Government wants. It wants the Second Circuit to lift the stay of the PI. This means the Government wants the Second Circuit to deny giving effect to the PI during the Second Circuit's resolution of the merits of it, thereby authorizing the Hochul Government to enforce the CCIA.The New York Attorney General Letitia James, arguing the case for the Government, asserted, in the Government's Opposition to the PI, that “Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay.”This is ludicrous. It is nothing more than a snapshot of the imbecilic remarks of Hochul delivered to “CBS This Morning” on Friday, June 24, 2022, one day after the U.S. Supreme Court issued its decision in NYSRPA vs. Bruen, setting up what would come shortly after; the awful amendments to New York's Gun Law. The Daily Caller recites Hochul's tirade against the High Court, in its article, titled, “NY Gov. Hochul Says Law-Abiding Gun Owners Make People Feel Very Unsafe”:“Democratic New York Gov. Kathy Hochul said Friday morning law abiding gun owners make people feel ‘unsafe’ just one day after the Supreme Court overturned a more than century old gun law.Speaking on CBS This Morning, Hochul said the right to carry outside the home makes individuals feel ‘unsafe’ and seemed to insinuate it should not be allowed.‘Everybody in America recognizes that there is a problem with gun violence and the people who cheer this, what they say, what they see is, ‘Look there is a problem with gun violence and I, as a law-abiding citizen, want to be able to hold a gun on my person so that I feel safer.’ What do you say to that individual?” the host asked Hochul.‘I say that makes everyone else feel very unsafe. We don’t know if you’re provoked, you know, you’re in a bar and someone looks at your girlfriend or your boyfriend the wrong way. There are so many triggers. If someone wants to have a legal gun, licensed protection in their home, that is their domain, they can do that, we’ve always allowed that, or for hunting and other purposes,’ Hochul said.’‘But to think someone would be able to do this on a subway, in a crowded, tense situation during rush hour? No, we have a right to protect our citizens, not take away your right to own, that’s fine, but where you take it and the ability to conceal it, that’s just going to make things so much more complicated for law enforcement and others.’”

CIVILIANS DO NOT CARRY HANDGUNS OPENLY IN NEW YORK. THERE IS NO “OPEN CARRY”

First, it bears mentioning, but, apparently, only to morons like Hochul, that a holder of concealed handgun carry license does not ever carry his or her handgun openly, in New York, for all the world to see. The Gun Law itself recites the lawful carrying of a handgun, “concealed,” i.e., not openly by those issued concealed handgun carry licenses.In fact, no one in New York is permitted to carry a handgun openly apart from uniformed New York police officers, or other uniformed personnel who fall under specific provisions of the State's Gun Law.How, then, can any law-abiding member of the public honestly feel a sense of foreboding that another law-abiding member of the public who happens to possess a concealed handgun carry license is someone to be feared? The only creature that could realistically understandably “feel unsafe” is a psychopathic criminal who would dare to threaten an innocent member of the public. More than a few criminals and lunatics have met their untimely demise by threatening harm to an undercover police officer or off-duty officer, or to a holder of a valid concealed handgun license. In fact, for a career criminal—who isn't otherwise a psychotic maniac who wouldn't care whether a target of his lunacy is armed or not, as his reasoning organ is shot—he would never know for certain who is lawfully carrying a handgun concealed and who is not, if many more members of the New York public were to begin carrying, concealed, a handgun, as is their natural law right. And, he would think twice before targeting, at random, an innocent victim who is merely going about his business. Hence, it is reasonable to infer that the garden variety criminal, who has some sense of self-preservation would be less inclined to take the chance to attack a member of the public who may very well be armed. This fact would result in a precipitous drop in violent crimes of opportunity.

“TRIGGERS” ANYONE?

Second, The notion that a person would go off half-cocked is a “Fever Dream” of the Anti-Second Amendment crowd. They would like to believe this myth. The Government thrusts all sorts of horrors on the public to rationalize ending the fundamental, unalienable right to armed self-defense. But their wax museum of horrors coming to life is just entertainment, nothing more. It isn't grounded in truth. It's merely a fabrication, it's propagandist; a fictional horror film designed like many such films, i.e., to create a jump scare. Only the gullible and ignorant Americans would fall for it. If New York holders of handgun carry licenses were such a threat to public safety and order, how is it that we never hear Governor Hochul talking about instances of criminal acts of violence committed by these licensees? She can’t talk about this because there is no instance of this that she can drum up.  All such talk of an armed New York citizenry posing a threat to the Government's notion of public safety and public order in their well-ordered society is sheer unadulterated speculation, bordering on delirium.

“IF SOMEONE WANTS TO HAVE A LEGAL GUN, LICENSED PROTECTION IN THEIR HOME, THAT IS THEIR DOMAIN, THEY CAN DO THAT, WE'VE ALWAYS ALLOWED THAT.” ISN'T HOCHUL NICE?

Third, Hochul says, the Government has always allowed someone “a legal gun in their home.” But wait a minute? Is keeping and bearing arms a Government bestowed privilege or a God-Given Right? And didn’t the U.S. Supreme Court rule that the right to armed self-defense extends beyond the domain of one’s house, consistent with the meaning of the fundamental, unalienable right to armed self-defense? Does New York law take precedence over the Second Amendment and the rulings of the U.S. Supreme Court? Hochul demonstrates incredible arrogance. How did she get elected to Office anyway?If New York holders of handgun carry licenses were such a threat to public safety and order, how is it that we never hear Governor Hochul talking about instances of criminal acts of violence committed by these licensees? She can’t talk about this because there is no instance of this that she can drum up.  All such talk of an armed New York citizenry posing a threat to their notion of public safety and public order in their well-ordered society is sheer unadulterated speculation, bordering on delirium. The “why” of the attack on the armed citizenry is as pressing as the “how”—the strategies devised and employed to undermine the right of the people to keep and bear arms. And it all goes back to Government's lust for “power” and “control” over the common people. And, the fear of the Tyrant is always that the common people will revolt against the Tyrant's Tyranny. The Neoliberal Globalists and their puppets in Government treat people like random bits of energy that require a firm hand lest common people get “out of hand.” The fear of the Tyrant is always the common people. Government exists primarily to control the populace. Our Federal Government, though, was constructed to serve the people. Everything in our Constitution points to that fact. The people are sovereign, not Government. But, like all Governments, our Federal Government has succumbed to tyranny. That tyranny is mirrored and multiplied in the Governments of many States. New York is one of those States. The “sticky wicket” for the Globalists is the Second Amendment to the U.S. Constitution. It serves, one, as evidence of the sovereignty of the American people over their Government, Federal, State, or local, and serves, two, as a mechanism to thwart the rise of tyranny. The Second Amendment, unlike the First, or any other Amendment in the Bill of Rights has a tenacity that, when unleashed, a ferocity, that scares the dickens of the proponents of a world empire and world domination. In this second half of the Biden Administration regime, we are seeing more and more emphasis placed on reining in the armed citizenry. And State Governments under Democrat Party leadership, such as that of New York, are fully on board with this. Expect to see more of this, much more, in the weeks and months ahead.

“A HEIGHTENED RISK OF GUNFIRE”?

“Exposing eighteen million New Yorkers to a heightened risk of gunfire severely outweighs any prejudice to plaintiffs here from a stay.” ~ Letitia JamesFourth, apropos of Letitia James' argument, on behalf of Defendant-Appellant New York Government officials, appealing the U.S. District Court's granting of Plaintiff-Appellees' Preliminary Injunction, where is this “heightened risk of gunfire” supposed to come from?The argument presented by Attorney General Letitia James and by Governor Kathy Hochul in support of the CCIA boils down to these two propositions:

• People are afraid of guns and of average law-abiding, rational, responsible gun owners who keep and bear them.
• Average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order.

The reader will note that nothing is said about career criminals, murderous gangbangers, and drug-addled lunatics who may happen to get hold of a firearm. The reason is that the Hochul Government, and other Governments like hers—reflecting the beliefs and aims of the present Federal Government, aren't concerned about the behavior of the dregs of society. Government is concerned only over the rational responsible American who will not suffer tyranny. And it is tyranny that these Governments, local, regional, State, and Federal are selling. Criminals and lunatics serve their end. The breakdown of law and order is what these Governments want so that they can institute their own brand of crime on a national/industrial scale. The aim is the destruction of the mind, the Soul, and the Spirit. The sanctity and inviolability of the individual were once important to our Nation, worth preserving, things to be cherished. And the idea was threaded through our Nation's Constitution, and, especially, through our Nation's Bill of rights. That once was so, but no longer. The Federal Government makes a mockery of our Country now and of our sacred precepts and principles. We see it in the weakening of our economy, and our military. We see it in incredible profligate spending at a time when we must hold onto the monetary reserves and ascertain that our Nation's monies are spent carefully and wisely for purposes that benefit our Nation and its people, and not squandered on foreign escapades or lavishly squandered on special interests that benefit the few, including foreign entities and individuals that hate us. We see the weakening of our Country in the Government's obsequious behavior toward China and Brussels. And, we see it in the debauched, and degenerate, and mentally unbalanced individuals placed in high Government Office. Most Americans are appalled at these spectacles. And Government knows this and worries about it. Government is afraid of Americans who keep and bear arms, who clutch them ever tighter, for many of us there are who see well enough the mindless absurdity of a rogue, and dangerous, and patently deranged Government that threatens to engulf the Nation and its citizenry in horrific destruction. And, so, Government turns on Americans; sets one American against the other so as to short-circuit organization against a Government that no longer serves the Nation's best interests and, in fact, no longer goes through the pretense of doing so.The Biden Administration and the Hochul Government don't talk of their own fear of the armed citizenry. Instead, they project that fear on the populace at large both as a defense mechanism and as a strategy to divert attention away from themselves rather than upon themselves, where attention should be directed. The idea is that eviscerating the fundamental right of the people to keep and bear arms is done, not as a contemptuous assault on natural law that they have no lawful right to attack, but ostensibly as an act of mercy on behalf of the people who, as they argue, would benefit from a purgation only possible through the confiscation of guns in the hands of tens of millions of Americans. The Tyrant says——People are afraid of guns and of average law-abiding, rational, responsible gun owners who keep and bear them.Concerning this proposition, propounded by Kathy Hochul, if many Americans should happen to fear guns and fear those who exercise their fundamental, unalienable right to armed self-defense—indeed, if any American should happen to register such fears—those fears aren't the product of something innate in a person, but, rather, are the result of an elaborate, concerted well-coordinated, and executed plan, at once deceitful and horrendous, to instill in the American citizen a phobic reaction to firearms and a phobic reaction to those Americans who choose to keep and bear them. The question of why such psychologically damaging programs would be initiated by and ceaselessly and vigorously propagated by the Government against the entire civilian population has nothing to do with a desire on the part of the Government to secure the life, health, safety, and well-being of Americans. Rather, it has everything to do with the carrying out of a secret plot focused on the demise of a free Constitutional Republic, the only one like it in existence; the dissolution of our Constitution; and the subjugation of our people to the dictates of a new order of reality: the rise of a neo-feudalistic global empire. AQ has written extensively on this. In fact, it is a theme that runs through the depth and breadth of our articles. Nothing else, to our knowledge, comes close to explaining well the dogged, and consistent, and insistent effort on the part of so many heterogenous agents and agencies both inside and outside this Country to destroy our Nation's Bill of Rights; to destroy our history, heritage, culture, our Nation's ethos, our Judeo-Christian ethic; and to launch a psychopathological reaction upon the citizenry the manner of which and the extent of which has no precedent in our Nation's history or, for that matter, in all of recorded history.The Hochul Government’s attack on the U.S. Supreme Court Bruen case is really a component part of a much larger mosaic, as evidenced by a concerted effort to undermine the Second Amendment.And so confident is Hochul in her own power, that she does this brazenly and contemptuously, attacking not just the Second Amendment but also the Justices of the Highest Court in the Land, whose sin, in her mind, is that they give a fundamental natural law right the respect it is due. Hochul intends to shred it and she is doing just that.Thus, it isn't that New Yorkers or any American has an innate fear of firearms or those who keep and bear them. It is that the Government in New York and the Governments of several other States, and the Federal Government under the Biden Administration, have induced fear where none before existed, all in support of aims that are antithetical to our most sacred precepts and values and antithetical to the common good.Thus, Americans aren't afraid of firearms or those who possess them, but Hochul and others, beholden to the same ruthless, Globalist, and Marxist interests, create the illusion that this IS something inherent in people. IT ISN'T. It is only something inserted into the unwary mind: a meme, a mental virus, damaging to the psyche no less than a physical viral pathogen is damaging to the body.The Tyrant also says——Average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order.Concerning this second proposition, propounded by Kathy Hochul, as manifest in her statements to the Press and in the Government's legal documents—that average law-abiding, rational, responsible gun owners pose an imminent threat to public safety and order—this is a naked assumption cast as a self-evident truth, presented in lieu of any supporting evidence, for the purpose, one, to buttress amendments to the State's Gun Law that are inherently unconstitutional as the District Court had made poignantly clear through cogent argument, both in Antonyuk I and in Antonyuk II, and, two, to urge the U.S. Court of Appeals for the Second Circuit to stay the lower Court's granting of Plaintiff-Appellees Motion for Preliminary Injunction against the enforcement of Hochul's CCIA.Meanwhile, the law-abiding New York taxpayer daily faces rampant violent crime because of the abject failure of the New York Justice system to deal effectively with criminals and raving lunatics that constantly prey on the public.And the police are contemporaneously prevented from engaging in effective policing activities that protect the community. In addition, the police are leaving New York in droves. Who will replace them?And, even if the Hochul Government provided the public with a modicum of community policing and a justice system that didn’t kowtow to lunatics and criminals, the fact remains that the New York police departments have no obligation to guarantee the life and safety of individual members of the public.The police never had that obligation. And the New York public is under a misconception to think otherwise. Yet, the Government continues to keep the public in the dark about this, never troubling itself to inform the public that self-defense against threats of violence rests on each member of the public, not on the State. See, e.g., the AQ article posted here, on this site, on November 21, 2019. See also AQ article posted on Ammoland Shooting Sports News on August 6, 2020.A well-trained, responsible, rational, law-abiding adult need not rely on the police, and cannot legally place that burden on the police. The responsibility for preserving one’s life and well-being rests solely on the individual.This was the salient point of Heller, McDonald, and Bruen. Armed self-defense is ultimately the responsibility and prerogative of the individual.The Hochul Government knows or should know that armed self-defense is the best defense against aggressive armed assault. The failure to acknowledge this or even attempt to proffer evidence to refute this is a fatal weakness in the Government’s argument against Plaintiff-Appellees PI.The Government simply erroneously assumes the well-armed citizen threatens the community.This is a central theme pervasive in the New York Government, and it is a thread woven into the very fabric of New York’s draconian gun measures that go back over one hundred years when the licensing of handguns was first enacted.Yet the Government takes this bald assumption as a self-evident truth. It isn’t. But it serves the narrative, and their end goal is to disarm the public.The Government’s remark begs the very question at issue:Does the rational, responsible, law-abiding citizen who wishes to exercise his natural law right of armed self-defense pose a risk to the public? There is something off in the sheer idea incessantly and vociferously proselytized to the public that the armed citizen poses a threat to public safety.This notion is contrary to fact. It is also contrary to the import of the Second Amendment:It is the natural law right of the American citizen to arm him or herself against assault by predatory man, predatory creature, and predatory Government.Heller, McDonald, and Bruen reiterate this point constantly:The individual has the right to armed self-defense. The corollary to that proposition is this: The armed citizen enhances public safety. This is the antithesis of the Hochul Government’s position that the armed citizen endangers public safety.In their response to the Government’s Motion for a stay of the Preliminary Injunction, pending appeal, the Plaintiffs said this apropos of public safety:“Even if Appellants had demonstrated some actual public safety benefit, it would come at the cost of disarmament of law-abiding gun owners, an unacceptably high cost, as “[t]he right to keep and bear arms . . . is not the only constitutional right that has controversial public safety implications.” McDonald v. Chicago, 561 U. S. 742, 783 (2010). Such enumerated rights cannot be balanced away by legislators, or judges, because “the Second Amendment is . . . the very product of an interest balancing by the people . . . it [] elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense. . . .” D.C. v. Heller, 554 U.S. 570, 635 (2008).Nor can Appellants plausibly claim irreparable harm from temporarily halting enforcement of an unconstitutional law: ‘the public consequences in employing the extraordinary remedy of [injunctive relief]’ are not just the vindication of constitutional rights but also the prevention of their egregious curtailment. Indeed, it is always in the public interest to enjoin an unconstitutional law. The government has no ‘interest in the enforcement of an unconstitutional law.’”This third factor, harm to the non-moving party, does not outweigh the harm to the Plaintiffs. Thus, this third factor in support of the PI works to the Plaintiffs’ advantage.

• The Public Interest. The last factor a Court must consider in determining whether to issue a PI is whether the public is best served by its issuance.

The Plaintiff-Appellees assert: “The public interest is best served by ensuring the constitutional rights of persons within the United States are upheld.” We are dealing here after all with a natural law right.That the public is better served by curtailing a right the founders felt imperative to the Security of a free State and to ensure the sanctity and inviolability of one’s Selfhood, goes against the Judeo-Christian ethic upon which our free Constitutional Republic was founded, and without which a sovereign people and a free Constitutional Republic cannot continue to survive.The New York State Government’s philosophy of the relationship of Government to the people is a distortion of all this Country holds dear and holy.This fourth factor also works to the Plaintiff-Appellees' advantage, supporting maintaining the PI during the Second Circuit's resolution of the merits of it.

IN SUMMARY

The New York Government places itself above the sovereign authority of the American people.This notion unfortunately is reflected in several other jurisdictions across the Country, and it is also present in the thinking of the Biden Administration and in the thinking of Democrats in Congress and by more than a few Republicans.Let us hope and pray the United States Court of Appeals for the Second Circuit, ultimately, doesn’t betray the U.S. Constitution too.Unfortunately, the recent December 7, 2022, Second Circuit order doesn’t give New York gun owners much reason for hope, much less jubilation—nothing more, really, than a wing and a prayer of success.If such is the case, Antonyuk vs. Nigrelli is destined for resolution by the High Court.Justices Thomas and Alito would see that the case is heard, as the CCIA is a direct affront to the Second Amendment and to the rulings of Heller, McDonald, and Bruen.In the immortal words of that late, great comic, Arte Johnson (a.k.a. the “German Soldier” routine), the Antonyuk case, and a slew of other post-Bruen cases wending their way through the Courts in New York and elsewhere in the Country are becoming “Very Interesting.” _______________________________*For those readers interested, a comprehensive (complete) discussion of the history of the date of filings of Court documents in the second Antonyuk case, (Antonyuk II), as recited by Plaintiff-Appellees (holders of valid New York concealed handgun carry licenses) against Defendant-Appellants (New York Government officials) in Plaintiff-Appellees “Response In Opposition To Defendants-Appellants’ Motion For A Stay Pending Appeal And An Administrative Stay Pending Resolution Of The Motion,” filed on November 19, 2022, appears below:This case involves a challenge to New York’s most recent attempt to infringe the Second Amendment rights of its residents. In response to the U.S. Supreme Court’s recent vindication of the right to keep and bear arms in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022), the state hastily enacted a poorly named and ineptly drafted statute called the “Concealed Carry Improvement Act” (“CCIA”). Rather than following Bruen and respecting the Second Amendment’s mandate, the CCIA defied the Supreme Court, making concealed carry of firearms far more restrictive, and the licensing process far more onerous, than before the Supreme Court’s decision. Plaintiffs-Appellees (“Appellees”) filed suit seeking to enjoin many of the CCIA’s patently unconstitutional provisions, seeking both a temporary restraining order and a preliminary injunction. Complaint for Declaratory and Injunctive Relief (“Complaint”), ECF #1 (Sept. 20, 2022); Plaintiffs’ Motion for a Temporary Restraining Order (“Motion for TRO”), ECF #6 (Sept. 22, 2022). After providing Defendants-Appellants (“Appellants”) the opportunity to submit briefing and to participate in oral argument, the district court issued a temporary restraining order enjoining certain parts of the CCIA, while allowing others to remain in effect, and granting Appellants’ request for a three-business-day stay to seek review by this Court. Response in Opposition to Plaintiffs’ Emergency Motion for Temporary Restraining Order, ECF #18 (Sept. 28, 2022); Transcript of Proceedings, ECF #23 (Sept. 29, 2022); Decision and Temporary Restraining Order (“TRO”), ECF #27 (Oct. 6, 2022). Appellants sought from this Court (1) a stay pending appeal of the district court’s decision, along with (2) what they styled an “emergency . . . interim . . . administrative stay” while the Court considered their motion. Docket No. 22-2379, Motion for a Stay, Doc. #16 at 1. On October 11, 2022, Appellees filed a Response explaining, inter alia, that appeal of a TRO is improper, and the district court’s forthcoming decision on Plaintiffs’ preliminary injunction would render the appeal moot. Opposition to Motion, Doc. #22. On October 12, 2022, Judge Lee granted Appellants’ request for “an interim stay of the Temporary Restraining Order pending decision by the motions panel.” Order, Doc. #39. The case continued in district court, with Appellants filing their Opposition to Plaintiffs’ Motion for a Preliminary Injunction on October 13, 2022. Response in Opposition, ECF #48. On October 22, 2022, Appellees filed their Reply. Reply to Response, ECF #69. On October 25, 2022, the district court heard oral argument on Appellees’ Motion. Transcript of Proceedings, ECF #72. On November 7, 2022, the district court issued a limited preliminary injunction (“PI”), supported by a 184-page opinion. Decision and Preliminary Injunction, ECF #78 (“Op.”). The district court’s opinion denied Appellants’ request for a three-day stay, and the PI took effect immediately. Their TRO appeal mooted, Appellants, with Appellees’ consent, withdrew that appeal on November 9, 2022. Stipulation of Voluntary Dismissal, Doc. #74 (Docket No. 22-2379). On November 8, 2022, Appellants appealed the district court’s grant of the PI, and on November 12, 2022, filed a similar motion in this Court, seeking a stay pending appeal and an “administrative stay” pending resolution of their Motion. Docket No. 22-2908, Motion to Stay (“Motion”), Doc. #18. Although having requested three days in which to seek a stay from this Court, Appellants waited five days to file this Motion. While the cover sheet (Form T-1080) describes Appellants’ filing as a “motion for emergency interim stay,” their motion is not captioned as an “Emergency Motion,” nor does it use the word “emergency” at all. Nor does it comply with this Court’s rule requiring that it “state the date by which the movant believes the court must act.” See L.R. 27.1(d)(2) and (4). Cf. Appellants’ filing in Docket No. 22-2379, Motion for a Stay, ECF #16, cover sheet (“request that an interim administrative stay be granted by the end of the day on Tuesday (10/11).”). Nor does Appellants’ motion provide any explanation of “the nature of the emergency and the harm that the movant will suffer if the motion is not granted” (L.R. 27.1(d)(3)), alleging only that the district court’s order “risks substantial harm.” Motion at 15. Cf. Docket 22-2379, Motion for a Stay at 2, 3, 20 (alleging “serious risk of irreparable harm,” “substantial risks to public safety,” and “imminent risk to public safety.”). Despite those deficiencies, a three-judge panel of this Court – without response from or notice to Appellees – granted a “temporary stay” on November 15, 2022. Doc. #32. Problematically, that Order provides Appellants broader relief than they sought, granting a “temporary stay … of the preliminary injunction issued by the district court.” Id. In contrast, Appellants’ Motion made clear that they are not seeking to stay every part of the district court’s injunction. See Motion at 13 n.5 (seeking a stay for churches “except as to persons who have been tasked with the duty to keep the peace,” “Appellants do not seek a stay as to airports” and “private buses.”) (emphasis added). This Court’s administrative stay was issued notwithstanding that undersigned counsel inquired on November 14, 2022 as to whether the Court would be treating Appellants’ Motion as an “emergency” motion, and notwithstanding the fact that there was no mention of any emergency in the body of Appellant’s actual Motion. Contrast treatment of this motion with the prior “emergency” request from Appellees (22-2379) where, within hours of filing, the Clerk’s office contacted undersigned counsel on a federal holiday (October 10, 2022) and requested that Appellees file a response by noon that next day (October 11, 2022), so the Court would have Appellees’ response prior to deciding the administrative stay. No such instruction was given to Appellees in this appeal, and undersigned’s voicemail was not returned. Rather than waiting to hear from Appellees, the Court sua sponte stayed injunctive relief even as to matters where no stay was requested. Moreover, in issuing this broad administrative stay, this Court altered the status quo in New York (see Motion at 14), allowing non-appealed provisions of the CCIA back into effect thereby causing the very harm of which Appellants complain. See id. at 2 (alleging “confusion . . . resulting from the frequent changes in the applicable provisions of law. . . .”). Appellees oppose both stays sought by Appellants (including the administrative stay already issued), and ask this Court to deny Appellants’ Motion in its entirety. In their Motion, Appellants generally malign the district court’s preliminary injunction, but fail to note that the CCIA is no ordinary law – breathtaking in both its scope and its blatant unconstitutionality. The district court was correct to enjoin enforcement of many of the CCIA’s patently unconstitutional provisions, and this Court should (i) decline Appellants’ invitation to be the first circuit court to bless a statute specifically enacted to defy Bruen, (ii) vacate its improvidently granted administrative stay, and (iii) deny Appellants’ Motion. ____________________________________Copyright © 2022 Roger J. Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE UNITED STATES SHALL SURVIVE AS A FREE REPUBLIC IN THE 21ST CENTURY ONLY IF THE AMERICAN PEOPLE REMAIN VIGILANT AND ARMED

PART ONE

A MESSAGE FOR THE AMERICAN PEOPLE FOR 2022

“Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood.” ~John Adams, from “A Dissertation on the Canon and Feudal Law, 1765”Through time immemorial all great nations and empires have had to struggle with stressors, and the United States is no different.Strong nations capably resist hostile outside influences bent on destroying them.The United States has since its inception as a free Constitutional Republic ably weathered all attempts by hostile nations and other antipathetic foreign entities that sought the Nation’s destruction. And the reason for our Nation’s uncommon ability to thwart such attacks is grounded on its exceptional strength, resilience, and fortitude.These essential qualities derive from our Nation’s philosophical, jurisprudential, political, social, and ethical underpinnings, all of which are reflected in its unique Constitution—the foundation of our Nation’s fundamental governing principles. That says much of our Country’s inherent greatness as well as its formidable power.A nation’s governing documents are, after all, the best indices of its health and vitality. A nation’s governing documents are the barometer of a modern nation-state’s ability to weather adversity and to grow ever stronger and more resilient in having overcome adversity.The United States has, since its inception, become the most powerful, resourceful Nation-State on Earth: militarily, economically, financially, technologically, and geopolitically. It has excelled on all indices of National health, well-being, and vigor. It did so through recognition that the strength of the Country ultimately derives from the strength of its citizens: a free, sovereign, independent, and armed people.Our Nation did not see an easy birth, shackled as it was to a powerful empire. Yet, against all odds, it threw off the yoke of tyranny. And it did so, not through wizardry, but through determination, selflessness, resourcefulness, an abundance of courage, firm conviction, and an indomitable will to prevail over oppression and tyranny: the armed American!Yet, the most dangerous perils to impact the continued well-being of an otherwise strong nation, such as the U.S., are those perils emanating inside its geographical boundaries, not outside them—by forces that seek to confuse, cow, frighten, and disarm the American citizenry. A new tyranny is on the rise. And this tyranny is in our midst.Countries sicken and die more often through an inability to deal effectively with attendant institutional weaknesses and treacherous machinations of heinous and loathsome elements residing within them than by antagonistic forces marshaled against them from the outside.The traps and snares that emerge within the nation itself are the most dangerous to a nation’s continued existence because these traps and snares are often masked and cloaked and, so, they go unrecognized. Remaining hidden and unseen, they remain unchallenged, until too late.Destructive forces have seeded their viral plague into our Nation centuries ago. And these forces have bided their time, for they know it takes time to destroy a strong, resilient Nation from within. And these destructive forces and influences existent within the Country supported by and in collusion with formidable forces and influences outside the Country have exhibited infinite patience.They have, through recent years and decades, and with the rapid advances in the technology and the art of social conditioning, slowly, inexorably, surreptitiously, and ever so quietly insinuated themselves into the public psyche, manipulating the thought processes of the American people—creating confusion, anxiety, fear, and a sense of profound hopelessness in the polity. Thus the Destructive forces of a free Constitutional Republic have effectively “softened” the willpower and the spirit of many Americans even as many other Americans remain resolute, able to see through the ruse, and therefore able to contain it.In the last decade of the 20^th Century and at the turn of the 21^st Century, these Neo-Marxist and Neoliberal Globalist forces—implacable, intractable foes of Americans—have been bent on transforming the whole of western civilization into a unified transnational globalist empire, sans nation-states and national borders. And they have felt confident enough in their control over Americans and, particularly, over the American psyche, to eventually merge the United States, as their ultimate prize, into their new world order scheme. And, in the first one and a half decades of the 21st Century, they have speeded up their timetable for the dissolution of the United States.Through the sinister machinations of their toadies—Clinton, Bush, and Obama—the citizenry’s ties to their history, heritage, ethos, culture, ethical foundation, and fundamental Christian grounding began to loosen, to fracture.The American belief system founded, first and foremost, on the sanctity and inviolability of the individual has through time been systematically, surreptitiously, and assiduously replaced with an altogether new and alien, fabricated and sinister, belief system.The forces that crush have concocted their false belief system to divide the American people, to prevent them from forming a durable, imperishable defense against the forces amassed against them. These malevolent forces have designed their false belief system to attack the Nation’s traditional belief structures at an elemental, subconscious level. They have designed their counterfeit belief system to engulf and destroy the core precepts, principles, and tenets of a free Republic, predicated as they are on fundamental, unalienable, God-given rights and liberties.Unseen but axiomatic, the sanctity and inviolability of the individual soul rest at the core of this Nation’s strength. The inherent and absolute sovereignty of the American people is grounded on this sacred notion of the sanctity and inviolability of the individual soul. This is the predicate basis of the citizenry's sovereignty over their Government. And the citizenry's sovereignty over Government isn't maintained by blind faith that the Federal Government will abide by the immutable authority of the American citizenry over that Federal Government, but by the fact that the citizenry is armed and will ever remain so.The citizenry’s sovereignty over Government depends on the fact that the citizenry remains armed. Under no situation or circumstance is the Government permitted lawfully to constrain, restrain, abrogate or suspend the right of the people to keep and bear arms. This is a core Truth, and the forces that seek this Nation’s destruction know this.The eternal enemies of the American people know that this core Truth is detrimental and altogether antithetical to the goal of realizing a one-world governmental regime. With cold, callous, calculated determination, these Neo-Marxist internationalists and Neoliberal Globalists have designed and have thrust into the American psyche an entirely new, alien, and fabricated belief system. This system is calibrated to undercut the core sacred Truth upon which the Country absolutely depends for its existence as a free Republic: the nobility and autonomy and sanctity and inviolability of the Individual Soul.______________________________

SEVER THE AMERICAN PEOPLE FROM THEIR OWN PAST AND THEY WILL READILY SURRENDER THEIR WITS, THEIR ARMS, THEIR SOUL

PART TWO

“The most effective way to destroy people is to deny and obliterate their own understanding of their history.” ~George OrwellA goodly portion of America’s citizenry ably sees through the actions of Neo-Marxist Internationalism and Neoliberal Globalism a design to disembowel the United States. Most Americans see a diabolical design to loosen their ancestral ties and bonds to the Nation and to each other, even if some are oblivious to this,Americans see the breakdown of the family unit. They see the assault on Christianity. They see the attempt to corrupt their Soul and to weaken their faith in the Divine Creator. In 2016, Americans voted into Office a man that promised to set things aright.Not that Donald Trump is worthy of emulation for his personality, but whatever his personal character flaws and motivations, he immediately instituted changes to the Clinton/Bush/Obama Neo-Marxist/Neoliberal Globalist agenda. And that panicked the Nation’s would-be destroyers. Their agenda came to a screeching halt.They pulled out all the stops. They amassed the power of the Press and social media, academia, business and finance, and the Government itself, which they control, to waylay Trump and the tens of millions of Americans who supported the Country and who celebrate the American Revolution of 1776, each July 4^th, that this successful Revolution gave them.In one final act of desperation, in an attempt to secure the success of their own Neo-Marxist and Neoliberal Globalist Counterrevolution, these Neo-Marxist/Neoliberal Globalist forces took control over the electoral process and prevented Trump from serving a second term in Office.Through their vast stores of money, influence, organizational ability, and sheer ruthlessness, these monsters succeeded in placing a physically and emotionally effete, corrupt, compliant, decadent, indolent, and senile toady in the highest Office of the Land. Hands down, Joe Biden is the most inept and embarrassing “Chief Executive” the Nation has ever had cause to suffer.Joe Biden serves as an untended but perfect symbol of the disdain and contempt the Neo-Marxist and Neoliberal Globalist puppet-masters hold for the Nation and for its people.Biden is nothing but an errand and messenger boy, and in that he fails, as one painfully sees in his mumbling, bumbling, rambling remarks. But the puppet-masters can control him and that is what matters to them. That is all that matters to them.The puppet-masters feel confident that, with their firm control over the Government, the Press and media, business, academia, and finance, the public is powerless to demand a proper accounting; is powerless to remove this pathetic figure that belongs more properly in a nursing home but that inhabits the Oval Office.Both Biden and those other unprincipled lackeys, seeded throughout the Federal Government and through the depth and breadth of local and State Governments across the Land, are the tools upon which and through which the Neo-Marxist Internationalists and Neoliberal Globalists intend to destroy a free Constitutional Republic, merging its remains into a transnational world totalitarian empire.These malevolent forces have coerced through bribes, threats, and intimidation, many other prominent and wealthy individuals holding important positions in business, finance, industry, technology, academia, entertainment, media, and the Press, compelling them to do their bidding if they are not otherwise sympathetic to the new world order agenda. But, unfortunately, all too many of them are.But for all the duplicity and chicanery, the forces that crush may yet fail in their endeavors, and they realize this. Their concern is demonstrated through obviously desperate attempts to frighten, seduce, and deceive the American public.But why should it be so difficult for the puppet-masters to destroy our Republic?That goal is a difficult one for them to achieve because our Nation is unlike no other nation on Earth.Our Nation is grounded on governing principles derived from natural law.The framers of our Constitution recognized that the strength and resilience of the Country and its people rest, ultimately, not in the carefully structured framework of the Federal Government as set forth in the Constitution’s Articles, but rather in the American people themselves: in the firm, clear recognition of the sanctity and inviolability of the human soul.“On June 21, 1788, the Constitution became the official framework of the government of the United States of America when New Hampshire became the ninth of 13 states to ratify.” See article in National Constitution Center. But, the foundation of a free Republic didn’t end at that point because the Constitution wasn’t complete.The defining moment for the Country came with the ratification of the Bill of Rights, on December 15, 1791. See Article in Landmark Events. The Nation’s Bill of Rights, consisting of a set of unconditional, illimitable, immutable, and eternal rights of man, are no mere collection of noble sentiments, set down into law by man.The Bill of Rights isn’t manmade law at all. This Document is a codification of Divine Law and, as such, it is understood to be beyond the power of the Federal Government to modify, amend, dismiss, rescind, suspend, abrogate, or ignore.Natural Law is fundamental, unalienable, and absolute.The Nation’s Bill of Rights serves at once as a constant reminder to the servants of Government that the American people are and always remain the one, true, sole, supreme sovereign over Government. It is an emphatic notice of that fact. The Nation’s servants—those serving in Government—serve at the pleasure of and at the behest of the American people; not the other way around.It is the American people who are and remain the masters over their own life and over their Government and over the destiny of their Nation. And the right of the people to keep and bear arms exists to ensure the American people will forever remain master and sovereign over this Government and their Dominion. Let the American people never forget that, lest they lose their Country, their Spirit, and their very Soul._____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

ANTI-SECOND AMENDMENT FORCES CONTINUE THEIR PUSH TO ERODE THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS

NEW JERSEY SENATE BILL S. 3757 IS ONE MORE SLAP-IN-THE-FACE FOR THE SECOND AMENDMENT AND HELLER

PART ONE

The Arbalest Quarrel read with interest the NRA-ILA alert concerning New Jersey Senate Bill S. 3757 “that would force gun owners to store their guns and ammo under lock and key or face felony-level penalties.” We also read with interest and agree with Scott Bach’s well-written explication of the bill. Scott points out, “this ill-conceived bill imposes an absurd, one-size-fits-all totalitarian mandate to keep guns unloaded and locked up inside the home and to keep ammunition separately locked up inside the home, except when ‘in use’ – an utterly undefined term that will surely be interpreted to exclude everything except target practice.”As Scott notes, the New Jersey gun bill is absurd. And it is idiotic on logical grounds alone.But there is also a legal matter attendant to the bill. The bill flaunts and raises a disconcerting matter about the law that needs to be addressed.Just how broadly or narrowly is Heller to be read? This idea is not as simple as it may seem.Apart from the clear and categorical holding that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia—ostensibly knocking down once and for all time the erroneous idea often still propounded by some that the Second Amendment refers to a “collective right”—the Court addressed another matter that directly impacts the New Jersey Senate bill.The Heller Court said——“In sum, we hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.” Does the New Jersey Senate bill square with the Heller holding? And, if it doesn’t, what is the impetus for the New Jersey Legislature drafting the thing at all?Let’s take a closer look at the bill as written.A preliminary “Statement” of intent, in the bill, reads in pertinent part as follows:“This bill, titled the ‘New Jersey Safe Storage of Firearms Act,’ establishes penalties for improper storage of a firearm that results in access of the firearm; requires a warning to be issued to firearms purchasers; and requires the Attorney General to establish a public awareness campaign regarding the risk associated with improper storage of a firearm. The bill also repeals the provisions of current law that establish penalties only for a minor's access of an improperly stored firearm, and makes an appropriation.Under current law, there are storage requirements and penalties imposed if a minor accesses a loaded firearm that is not in use. However, there currently are no general requirements for storing firearms when they are not in use.This bill requires a legal owner of a firearm to: (1) store or secure a firearm that is not in use at a premises under the owner's control unloaded, in a gun safe or securely locked box or container; and (2) store ammunition, separately, in a securely locked box or container.Under the bill, if the owner of a firearm fails to store the firearm properly as required under the bill, the owner will, for a first offense, be sentenced to period of community service of not less than 10 hours and not more than 40 hours. For a second or subsequent offense, the owner is guilty of a disorderly persons offense. If an improperly stored firearm is accessed by another person, and the access results in serious bodily injury to or the death of the person who accesses the firearm or another person, the owner is guilty of a crime of the fourth degree. A disorderly persons offense is punishable by up to six months' imprisonment, a fine of up to $1,000, or both. A crime of the fourth degree is punishable by up to 18 months' imprisonment, a fine of up to $10,000, or both.”The language of the bill, proper, says in pertinent part:A legal owner of a firearm shall:

• store or secure a firearm that is not in use at a premises under the owner's control, unloaded, in a gun safe or securely locked box or container; and
• store ammunition, separately, in a securely locked box or container.

The bill also imposes requirements on the firearms dealer: The Superintendent of State Police, in conjunction with the Attorney General, shall adopt guidelines in accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), to require each licensed retail firearms dealer in the State, or the retail dealer's employee, to provide to any person who receives, possesses, carries, or uses a firearm, a written warning printed on eight and one-half inches by 11 inches in size paper in not less than 14 point bold point type letters which shall state:“NEW JERSEY STATE LAW REQUIRES THAT ALL FIREARMS MUST BE STORED, UNLOADED, IN A SECURELY LOCKED GUN SAFE OR LOCKED CONTAINER, AND ALL AMMUNITION MUST BE STORED IN A SEPARATE, SECURELY LOCKED GUN SAFE OR LOCKED CONTAINER. FAILURE TO DO SO IS PUNISHABLE BY LAW AND COULD RESULT IN FINES AND IMPRISONMENT.” The written warning provided pursuant to subsection a. of this section shall include the requirements and penalties imposed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).The superintendent shall provide each licensed retail firearms dealer with a sign to be displayed prominently at a conspicuous place on the dealer's business premises at each purchase counter. The sign shall contain the statutory reference to section 3 of P.L., c. (C.). . . .”Left unsaid in the bill, is how the New Jersey Government is to know whether or how a person stores a firearm in his house.Is a New Jersey police officer to be given carte blanche authority to check on this? If so, would this not violate an individual’s Fourth Amendment Right to be free from unreasonable searches and seizures?But the more pressing issue is whether NJ S.B. 3757 is, on its face, patently illegal. Is the bill inconsistent with the Heller holding pertaining to one’s right of immediate access to a firearm in the home for the purpose of self-defense? It would seem so. But there is a problem.Just how broadly, in regard to immediate access to a firearm in one’s home, is Heller to be taken? We look at this in the next segment, and consider the ramifications of Heller, for Bruen.__________________________________________

ANTI-SECOND AMENDMENT JURISDICTIONS ROUTINELY AND BLATANTLY IGNORE HELLER AND MCDONALD PRECEDENTS

PART TWO

To both proponents of the Second Amendment and its detractors, Heller is known for its salient holding: that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia. No one has any doubt about that holding whether one accepts the truth of it or not.It is the central holding of Heller and it is a broad ruling; no question about it. This is as it was always meant to be, and the Heller majority opinion says this clearly, succinctly, and categorically. And the Court meant for this holding to have universal application—applicable to every jurisdiction in the Country.Moreover, contrary to what some say or wish to believe, this central holding of Heller is consonant and consistent with the plain meaning of the language of the Second Amendment. The language of the Amendment does nothing more than codify a fundamental, unalienable, illimitable, immutable, natural right that exists intrinsically in every person. The one odd thing about the Heller case is that the High Court would have to point this out at all.Even so—All too many Courts blithely ignore Heller’s holding notwithstanding they are all dutybound to be mindful of and rigorously adhere to the import of it when reviewing government actions that target it. The implication of Heller cuts across and into all government actions directed against the application of the right embodied in the Second Amendment.These Anti-Second Amendment Courts merely rubberstamp unconstitutional government actions when they should be striking down government actions that, on their face, infringe the core of the right of the people to keep and bear arms.But there are other holdings in Heller that Anti-Second Amendment proponents and other “neutral” Americans miss.Unlike Heller’s paramount and broad holding pertaining to the universal nature of the right of the people to keep and bear arms as an individual rather than as a mere collective right, there are other seeming “narrow” holdings in Heller.These additional holdings address the District of Columbia’s actions concerning handguns and the right of the people to have immediate access to them in one’s own home, for the purpose of self-defense.The New Jersey gun bill, S. 3757, if enacted, would preclude a gun owner’s immediate access to a firearm for self-defense in the gun owner’s own home. On its face, NJ S.B. 3757 mirrors the major import and purport of the D.C. law that the Heller Court struck down as unconstitutional. Justice Scalia, writing for the majority, said this:“In sum, we hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.” But is this seeming narrow holding, directed as it is to the District of Columbia, truly meant to be confined only to the District? Or, is it a broad-based, universal holding, applicable across the board, to every jurisdiction in the Land even as the High Court addressed the language of a law enacted by the District of Columbia that could only apply to the District?Assume for purpose of argument that this holding is meant to be confined to D.C. This isn’t to suggest that, if the New Jersey’s gun bill were enacted and someone were to challenge its constitutionality on appeal, the High Court would find the New Jersey law to be constitutional when the District’s law wasn’t.With the conservative wing in the majority, New Jersey’s gun bill, if enacted, would be summarily struck down, as patently illegal. No question about it.But who knows if the High Court would ever hear the case? Likely it wouldn’t, presumably because the New Jersey gun bill is similar to the D.C. law that was struck down. The New Jersey Legislature knows this. Very few cases make it to the U.S. Supreme Court for review.The New Jersey bill, as law, would be inconsistent with the D.C. gun bill but would be enforced by New Jersey anyway, unless or until it was struck down.Consider longstanding unconstitutional gun laws such as New York’s notorious “Safe Act”—which, itself, merely expands on unconstitutional laws going back decades. And the New York Legislature still expands upon the “Safe Act” slowly and inexorably engulfing and dissolving the whole of the Second Amendment.The “Safe Act” is, as we have expressly said, not the finalization of the work of Anti-Second Amendment zealots, but a work in progress, building upon the notorious, discriminatory Sullivan Act, enacted over one hundred and ten years ago.And while there have been challenges to New York’s gun laws through the century, following upon enactment of the Sullivan Act of 1911, look how long it took for the U.S. Supreme Court to accept review of a major challenge to New York’s firearms’ licensing scheme. The case is New York State Rifle & Pistol Association, Inc., vs. Petitioners vs. City Of New York, commonly referred to and known as the New York City Gun Transport case. That case was decided in 2020, and it did not meet expectations.The liberal wing of the Court, along with the ostensibly conservative wing Chief Justice John Roberts—who, it seems, cajoled the Trump nominee Associate Justice Brett Kavanaugh to go along with him, adding a crucial fifth vote—emasculated the Gun Transport case. Justices Thomas and Alito were justifiably outraged.The High Court majority refused to review the case on the merits, thus allowing the massive, bloated, convoluted, confusing gun licensing edifice to remain intact.How much more damage can Anti-Second jurisdictions and the Harris-Biden Administration do to the Second Amendment before a decision in Bruen is published? Even today, we can see the stirrings of unrest among the anti-Second Amendment proponents.Using propaganda to focus the public’s attention anew on guns, the corrupt and senile messenger boy for the Marxists and Globalists is attempting to drum up public support for new assaults on the Second Amendment. Resurrecting the Sandy Hook Elementary School incident, Biden said, as reported by The Hill:“‘As a nation, we owe all these families more than our prayers. We owe them action,’ Biden said in a video message released by the White House.He said the Senate needed to quickly pass three House-passed bills, one to extend background checks, another to keep guns out of the hands of abusers and his Build Back Better act that includes a $5 billion investment in community violence prevention and intervention.‘I know our politics are frustrating and can be frustrating and it’s particularly frustrating now. But we can’t give up hope, we can’t stop,’ Biden said.The president mentioned the school shootings in Parkland, Fla., in 2018 and in Oxford, Mich., last week, adding that similar shootings occur in Black and brown communities every day. The White House unveiled a fact sheet on Tuesday on the work the administration has done to combat gun violence, touting executive orders from the president to reduce the proliferation of ghost guns, which are untraceable guns assembled using parts bought online; regulate stabilizing braces used on firearms and help states enact red flag legislation, among other things. It also noted that local governments have used funding from the American Rescue Plan, which Biden signed into law in March, towards community violence intervention and hiring more law enforcement officers.When asked if there are any conversations about a filibuster carve-out to pursue gun legislation, a senior White House official didn’t comment directly.‘I think the president and the direct to camera really speaks to this issue in an impactful way. He shares in the frustration with gun safety advocates regarding the lack of progress made in Congress, and he also talks about the progress made in the past,’ a senior White House official said, referring to the video released on Tuesday. In the video, the president called Sandy Hook, which occurred during the Obama administration when he was vice president, ‘one of the saddest days we were in office. . . . We have to keep up the pressure.’”This is more than just a veiled threat. The Harris-Biden Administration is preparing a major assault on the Second Amendment, in part to deflect attention from Biden’s dismal poll numbers—hoping that most Americans will support a campaign to destroy the right of the people to keep and bear arms. But it is a dangerous gamble that can backfire. The Neo-Marxist and Neoliberal Globalists know this but figure they have no choice given the 2022 Midterm elections that they must prepare for. The economy is in tatters. Foreign and Domestic policy is in complete disarray. Geopolitically, militarily, economically, socially, politically, the Country is in the throes of chaos. This is just as the Destructors of the Marxist/Globalist agenda intend, but they must convince the American public that the Nation is on the right path, “to build back better.”One must wonder who dreamed up that imbecilic slogan. It sounds oddly like the slogan in the old Burger King commercial: “the bigger the burger the better the burger. . . .” And that is what the Destructors of our Nation and their puppets are doing: grinding our Country and its people into hamburger meat._____________________________________

REGARDLESS OF THE IMPACT OF THE BRUEN RULINGS IN NEW YORK, WHAT IMPACT WOULD BRUEN LIKELY HAVE ON OTHER JURISDICTIONS?

PART THREE

A ruling on Bruen likely won’t be handed down until next summer, keeping many New York gun owners and applicants for concealed handgun carry licenses in limbo for months. And it will be months longer still for the State and the New York City Licensing Division to redraft its concealed handgun carry license Rules, assuming a Bruen ruling requires that to happen.And what would be the impact of a ruling on Bruen in all other “may issue” jurisdictions?Would those jurisdictions construe the rulings in Bruen narrowly or broadly: applicable to those jurisdictions as well, or as having no impact on them?Given what we have seen to date, many jurisdictions blatantly ignore Heller whether the Heller holdings and reasoning are construed broadly or not.So, why then would or should one expect other “may issue” jurisdictions to give Bruen any credence?They ought to, of course. The right of armed self-defense, as a natural right, is not to be taken lightly in the United States, even as it goes unrecognized in other western nations, including the Commonwealth Nations and countries of the EU. And it is unrecognized by the UN, as we pointed out in prior articles.The breadth and depth of High Court rulings is not to be considered a matter of academic interest to legal scholars and legal historians only—as rulings to be adhered to or not, or as stringently or not, as this or that lower Federal and State Court wishes.U.S. Supreme Court holdings often do have or should have, real impact on our Nation even as many jurisdictions routinely misconstrue them. But is this inadvertent or not? Do these jurisdictions deliberately twist, contort and distort Second Amendment Heller and McDonald holdings and reasoning they don’t like?Do these jurisdictions alter Heller and McDonald rulings and reasoning to suit their personal fancy about guns and gun possession, thus allowing Anti-Second Amendment agendas can continue to be pursued, unimpeded? It would seem so.And, this, is, unfortunately, a disturbingly familiar occurrence we see with those government actions that infringe the core of the Second Amendment.

ON THE MATTER OF “NARROW” AND “BROAD” U.S. SUPREME COURT HOLDINGS

But what constitutes a narrow or broad U.S. Supreme Court holding, really? What does the expression “narrowly tailored ruling” mean?This often perplexes the Federal Appellate Courts.See, e.g., United States vs. Skoien, 614 F.3d 638 (7th Cir. 2010). The Seventh Circuit opined,“We do not think it profitable to parse [all the] passages of Heller as if they contained an answer to [all] the question[s] [of what] is valid. They are precautionary language. Instead of resolving questions such as the one we must confront, the Justices have told us that the matters have been left open. The language we have quoted warns readers not to treat Heller as containing broader holdings than the Court set out to establish: thatthe Second Amendment creates individual rights, one of which is keeping operable handguns at home for self-defense. What other entitlements the Second Amendment creates, and what regulations legislatures may establish, were left open. The opinion is not a comprehensive code; it is just an explanation for the Court's disposition. Judicial opinions must not be confused with statutes, and general expressions must be read in light of the subject under consideration.”So, if the issue of immediate access to a firearm for self-defense in the home is, as the 7th Circuit says, meant to be broadly construed—then why is it that some jurisdictions routinely choose to ignore Heller?The answer is plain: because they can and because they want to.NJ S.B. 3757 is a blatant example of this practice. The language of this bill is, in its import, essentially a rehash of the original D.C. handgun bill that the High Court struck down as unconstitutional.Many jurisdictions across the Country loathe the Second Amendment. And it is apparent that, given this loathing of the right of the people to keep and bear arms, they pretend Heller and McDonald don’t exist. This blatant dismissal of these two seminal cases enrages Justices Thomas and Alito to no end, and justifiably so.But the U.S. Supreme Court has no enforcement mechanism to see to it that its Heller and McDonald rulings and reasoning are adhered to.Lower Courts are required to adhere to precedential rulings of higher Courts in their jurisdiction. And all Courts, State and Federal, are required to adhere to U.S. Supreme Court rulings. They are obligated to but often do not.Courts, in a very real sense, are merely on the honor system in this regard. They may be roundly chastised for failing to adhere to higher Court rulings, and should be, but, really, the worst that happens is these Court holdings are, simply, overturned on appeal.Jurists who flagrantly fail to adhere to precedential rulings get a pass. They have absolute immunity from liability.And, as we have heretofore pointed out, even if the High Court rulings were truly expansive, it is unlikely that Anti-Second Amendment jurisdictions will pay heed to those rulings. They will attempt to find ways around them just as they have done with the rulings in Heller and McDonald; treating them with the same disdain and incredulity; rendering opinions that serve merely to torture and obfuscate the rulings and reasoning of the High Court. Nothing is likely to change as long as the citizenry keeps voting into Office individuals who support the Neo-Marxist/Neoliberal Globalist agenda.Anti-Second Amendment State legislatures that enact laws that violate the core of the Second Amendment continue the practice because they know their Courts will uphold the constitutionality of illegal laws if challenged. Thus, plaintiffs who might otherwise challenge the constitutionality of gun laws that flagrantly defy the Second Amendment and blithely ignore U.S. Supreme Court precedent must think twice before doing so. They know they have an uphill battle.The attendant time wasted for plaintiffs, who challenge unconstitutional government gun regulations, and the attendant monetary costs associated with bringing such actions, are significant, and will usually amount to wasted effort.State and local Governments know this as do Anti-Second Amendment members of Congress.One must appeal to the next higher Court to obtain relief from adverse lower Court decisions. And Appellate Courts will often just rubber-stamp decisions of the Trial Courts. And, appealing to the U.S. Supreme Court for review is, especially, no easy task. It is time-consuming and extremely expensive. And the High Court grants review in a pitifully small number of cases.It would be nice if the High Court could issue orders sua sponte, enjoining Governments from enacting laws that blithely ignore its Second Amendment Heller and McDonald rulings. But the Court cannot do this.Indeed, it would require a separate office within the Court just to keep tabs on all the unconstitutional actions of the State and Federal Governments and of the erroneous rulings coming out of lower Courts.But the U.S. Supreme Court doesn’t have the authority even to efficiently monitor unconstitutional actions of government and erroneous rulings of lower Courts that negatively impact the exercise of the right of the people to keep and bear arms, even if it had the wherewithal and resources to keep tabs on unconstitutional gun laws.And within the High Court itself, several of the Justices all too often interpose their own philosophical prejudices and biases on the Second Amendment issues to be decided. And those prejudices and biases come into play even in the very construction of the legal issues.This has disturbing implications for Bruen. We discuss this matter in the next segment and in future articles._______________________________________________

THE LIBERAL WING OF THE HIGH COURT WITH THE HELP OF THE CHIEF JUSTICE CONSTRAINS BRUEN

PART FOUR

It is a rather curious thing, when one stops to think about it, that the broad right of self-defense, and the narrower fundamental right contained in it and inextricably bound to it—the fundamental, natural, and unalienable right of armed self-defense—would have to come up for review by the U.S. Supreme at all. After all, the right of self-defense/the right of self-preservation and the concomitant natural right of armed self-defense are axiomatic; self-evident true.One would think that, a Country such as ours, with a rich heritage of cherishing natural rights, would not have to suffer enactment of laws that place so many hurdles in the path of citizens who wish nothing more than to be able to exercise the rights the Bill of Rights guarantees them. The Second Amendment, though, is treated by those jurisdictions, controlled by Marxists and Neoliberal Globalists as an outlier, even an outcast—a thing inconsistent with international norms and, so, something to be mercilessly attacked and eventually abrogated. Will this change?Many people, both proponents of the natural right of armed self-defense and its detractors, expect a decision in Bruen, when handed down next summer, will be expansive and all-encompassing and resurrect the Second Amendment’s status as a cherished right—a right absolutely essential to the maintenance of the Nation as a free Constitutional Republic and for the preservation of the Nation in the form of a free Republic for centuries to come.But, even with an expected Conservative wing majority, a positive decision will likely not be as broad-based and all-encompassing as proponents of the Second Amendment yearn for and expect and as the Amendment’s opponents anticipate and dread.Assume, for purpose of argument, that the High Court does strike down New York City’s notoriously oppressive and repressive “may issue” requirements involving the issuance of concealed handgun carry licenses outright. How will this impact similar statutes in other “may issue” jurisdictions? The answer is clear.The Bruen ruling won’t affect other “may-issue” jurisdictions. It won’t affect the prerogative of State and Local Governments in these other jurisdictions that have, in place, their own may-issue procedures. The Chief Justice and the liberal wing of the Court have seen to that in having reframed the issue, as we explain below.A ruling for Plaintiff Petitioner would probably, at best, only serve to strike down unconstitutional procedures established by the City’s gun Licensing Division. Such a ruling would not logically or legally entail the dissolution of “may issue” regulations. It would just impact the particular procedures the City presently employs when rendering its decision.In order for a Bruen majority opinion ruling to be compelling, it would have to be all-encompassing. This means the Court would have to rule that the very notion of “may issue” concealed handgun carry licenses, instead of “shall issue” concealed handgun carry licenses—in the absence of major failings in a person, including, for example, a felony conviction, a dishonorable discharge from the military, mental incompetence, or illegal alien residency in the Country—are logically inconsistent with the import of the right codified in the Second Amendment regardless of procedures utilized. See, 18 USCS § 922(g).And the Court should render a ruling on this because geographical constraints on the exercise of armed self-defense are absurd.For, if a law-abiding, rational, responsible person has the right to preserve his or her life and safety with a firearm, being no threat to another innocent person, how is one’s life and safety to be adduced more valuable in one locale—one’s home say—but not in another locale, i.e., outside one’s home.The Court should respond to this but won’t do that, and the reason is plain: Built-in constraints due to the framing of the issue before the Court preclude a decisive ruling on the exercise of armed self-defense outside one’s home.That is not to say all the Justices would be pleased by this, for the idea behind “may issue” impacts and infringes the very core of the right of the people to keep and bear arms. “May issue” is an affront to the Second Amendment and logically contradicts the very import and purport of the sacred right.From their writings and musings on the Second Amendment, Justices Alito and Thomas would, if they could, strike down “may issue” gun regulations across the board, both as utilized in the City of New York and around the Country. But they can’t. Chief Justice Roberts and the liberal wing of the Court have seen to this.Chief Justice Roberts and the liberal wing of the Court were keenly aware of the ramifications of a major ruling on New York City’s “may issue” regimen if “may issue” were on the table. These Justices abhor other profound rulings as in Heller and McDonald. The entire legality of “may issue” should have been on the table. It should have been on the table, but it isn’t.Roberts and the liberal wing had thought very carefully through this, and they made sure that “may issue” gun licenses would not be targeted, even as Plaintiff Petitioner brought the very issue of “may issue” to the fore, as the question goes to the heart of whether, or to what extent, there should be limitations on where the right of armed self-defense is to be exercised.There should be no geographical parameters defined apropos of one’s exercise of the right of armed self-defense but there will be.____________________________________________

CHIEF JUSTICE ROBERTS AND THE LIBERAL WING OF THE HIGH COURT DIDN’T LIKE THE ISSUE AS PETITIONERS PRESENTED IT IN BRUEN

PART FIVE

CHIEF JUSTICE ROBERTS AND THE LIBERAL WING DEMANDED THE ISSUE TO BE RESOLVED, BE RECAST, TO MAKE IT PALATABLE TO THEM

The question for review, succinctly but broadly presented by Petitioner in his Brief in Corlett(recaptioned Bruen) was,“Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.”This is a broad-based issue that questions the legality/constitutionality of may issue/atypicality requirements, on any conceivable interpretation.The issue as presented to the Court is meant to question the constitutionality of “may issue” concealed handgun carry regimes not only in New York City but in every jurisdiction in the Land. And that is precisely what Petitioners set out to do.The Bruen Petitioners clearly and concisely challenged the idea of Anti-Second Amendment proponents that an unassailable right of armed self-defense does not extend beyond the doorstep of one’s home.Recall that the Heller Court confined its ruling on the geographical perimeters of armed self-defense to the issue at hand: whether an individual has a right of immediate access to a handgun for self-defense inside one’s home.In answering that question, many jurisdictions interpreted the ruling as applying only to the District of Columbia, when the Court never stated or implied that the ruling on the right of immediate access to a firearm inside one’s home is directed to the District of Columbia gun codes and doesn’t implicate similar gun codes or laws in other jurisdictions. In fact, the implication is that the right of immediate access to a firearm for self-defense in one’s home does apply to all jurisdictions.Many State Governments and State and Federal Courts also interpreted the Heller decision as suggesting that a right of armed self-defense doesn’t extend beyond the doorstep to one’s home, regardless of the jurisdiction, but is to be confined—if there is to be such a recognized right at all—only to one’s home.But that idea is simply wrong. The High Court’s silence on the issue meant only that the issue was not before the Court. So, nothing further was to be presumed or deduced from that ruling.New Jersey’s bill, S. 3757, requiring disassembly of firearms in one’s home erroneously presumes the Heller ruling was meant to apply very narrowly only to the District of Columbia. Either that or the New Jersey Legislature didn’t care if the Heller ruling was meant to apply to other jurisdictions, figuring that, if wrong about its application to other jurisdictions, it didn’t matter. The Legislature knew that, if S. 3757 were enacted, a gun owner, unhappy with the law, would have to challenge its constitutionality in Court to obtain recourse—a time-consuming and expensive ordeal.Yet, one’s right of immediate access to a firearm for self-defense in one’s home is not to be presumed to be locale-specific. The ruling applies to all jurisdictions, albeit tacitly, but still unmistakably, by logical implication. Still, the Heller Court ruling didn’t expressly assert the universality of the ruling. It should have done so. The Court should have articulated clearly and categorically that its ruling on one’s Constitutional right of immediate access to a handgun inside the home, for purpose of self-defense—although directed to the D.C. gun codes—was meant to apply, as a general holding, throughout the Country. But the Court didn’t do that.Likely Associate Justices Scalia, Thomas, and Alito wanted to make the ruling unambiguous on that score but could not do so if they were to gain a majority. That would require positive votes from Chief Justice Roberts and from Justice Kennedy, and those Justices wanted the ruling to remain narrow and nebulous as to its application in other jurisdictions. The only clearly broad-based holding in Heller is that where the Heller Court held that the right of the people to keep and bear arms is an individual right unconnected to one’s service in a militia.As to the impact of specific rulings on the D.C. gun codes on other jurisdictions, for one to infer or assume that the rulings on the D.C. gun code rulings do not apply and were not meant to apply outside the District is implausible, but theoretically possible—hence the draft legislation in New Jersey:S. 3757. And that follows from the fact that the Chief Justice and Associate Justice Kennedy wanted to make clear that the Heller ruling was not intended to constrain the right of States to regulate the citizen’s access to guns. That message came out loud and clear and Justice Scalia was compelled to make that assertion explicit, assertingAnd this takes us back to Bruen.On granting the writ for certiorari in Bruen, on April 26, 2021, the Court recast the salient issue very narrowly: “Granted limited to the following question: Whether the State's denial of Petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.”Chief Justice Roberts and the liberal wing of the Court “gamed the system,” even though some legal scholars don’t wish to acknowledge this and some patently deny it.Amy Howe, for one, erstwhile preeminent editor and reporter of SCOTUSblog, who regularly covers U.S. Supreme Court cases, and who ostensibly has an inside track on the musings of the High Court, made light of the Court’s recasting of the issue. Howewrites, in part, “After considering the case at three conferences, the justices agreed to weigh in. They instructed the parties to brief a slightly narrower question than the challengers had asked them to decide, limiting the issue to whether the state’s denial of the individuals’ applications to carry a gun outside the home for self-defense violated the Second Amendment. But the case nonetheless has the potential to be a landmark ruling. It will be argued in the fall with a decision expected sometime next year.” But will Bruen lead to a landmark ruling? Is this recasting of the issue in Bruen a big deal? Amy Howe, apparently, doesn’t think it is, or at least, won’t admit it if she harbors any reservation about it. But we do believe the matter is a big deal and are not reticent about asserting this. If this recasting of the issue in Bruen amounted truly to a slightly narrower question, as Amy Howe asserts, then why would the Court bother to reconfigure the issue at all? The answer to this question is alluded in Heller, as we explain in the next segment.____________________________________

WHY CHIEF JUSTICE ROBERTS AND THE LIBERAL WING OF THE HIGH COURT INSISTED ON RECASTING THE LEGAL ISSUE IN BRUEN

PART SIX

To understand why Chief Justice Roberts and the liberal wing of the Court were adamant that the Bruen issue be recast narrowly and in the form that it was, it is necessary to go back to the reasoning in Heller. It is pertinent to the matter at hand to understand why the Court dealt with the paramount issue of whether the right of the people to keep and bear arms is an individual right unconnected to one’s service in a militia because that wasn’t an issue in the case, as framed. In the opening sentences of Heller case, the late Justice Antonin Scalia, writing for the majority, said:“We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution. The District of Columbia generally prohibits the possession of handguns.  It is a crime to carry an unregistered firearm, and the registration of handguns is prohibited [citations omitted]. Wholly apart from that prohibition, no person may carry a handgun without a license, but the chief of police may issue licenses for 1-year periods [citations omitted]. District of Columbia law also requires residents to keep their lawfully owned firearms, such as registered long guns, ‘unloaded and dissembled or bound by a trigger lock or similar device’ unless they are located in a place of business or are being used for lawful recreational activities [citation omitted].”The Heller majority opined that the District of Columbia’s total ban on handgun possession in the home along with the requirement of disassembly of all firearms in the home hit at the very heart of the Second Amendment, as the D.C. Government did intend for it to do.But, Justice Scalia, along with Justices Thomas and Alito, knew quite well, that it was impossible logically to rule against the District of Columbia’s draconian gun law without ruling on the ultimate issue—tantalizingly kept at bay since ratification of the Bill of Rights in 1791:Does the right of the people to keep and bear arms constitute an individual right unconnected with one’s service in a militia” or only a collective right, contingent on one’s service in a militia?Of course, to anyone with even a smidgeon of understanding of law and logic, and who is intellectually honest, knows that the import of the right as codified in the Second Amendment is clear on its face.But many academicians and many jurists, too, have for decades, erroneously treated the right as a “collective right” only. And they still maintain that, even after Heller made categorical and irrefutable what was already clear from the plain meaning of the Second Amendment’s language.One’s philosophical or emotional bent often gets in the way of one’s intellectual reasoning faculty.If proponents of the collective right thesis were correct, then any government regulation on gun ownership and possession must be construed as lawful and constitutional so long as a “rational basis” for the government action existed.This means that, while a collective right of the militia to keep and bear arms must be construed as a fundamental right and an action infringing that right would require stringent review of the government’s action, an individual’s right to keep and bear arms would not require such scrutiny. That is bizarre, to be sure, but that is consistent with the “collective right to keep and bear arms” thesis.Taking that thesis as true, arguendo, then an individual challenging the legality of government action, arguing an infringement of his right to keep and bear arms would not invoke stringent court review of the constitutionality of the Court action. A reviewing Court would only have to determine whether the government action bore a reasonable connection to achieving a legitimate State or Federal objective, nothing more. And That is an easy test to meet.Thus, if the Heller Court had not dealt with the underlying issue at the heart of the case—the case would have been decided much differently. The District of Columbia’s total ban on handguns would be ruled legal and Constitutional, as would the government’s requirement that all firearms be disassembled and not available for immediate self-defense use, even in the confines of one’s home. This is tantamount to denying a right to armed self-defense—period.Justices Scalia, Thomas, and Alito determined that they would not let the opportunity to decide the paramount Second Amendment issue pass. And, given the indomitability of Scalia’s will, and through the power and tenacity of his spirit, Chief Justice Roberts and Justice Kennedy, reluctantly went along. And, so, the Court majority ruled that the right of the people to keep and bear arms is an individual right unconnected with one’s service in a militia.But Justice Scalia is no longer with us. Can Justices Thomas and Alito take up the slack? Bruen likely won’t be the next blockbuster case supporting the right of the people to keep and bear arms to the extent that Heller is. And, a decision on the merits, unlike the New York Gun Transport case, will be forthcoming. The New York Government cannot amend the gun licensing scheme in a manner that would keep the entire structure intact as it did in the Gun Transport case.For “may issue” is really at the heart of New York’s licensing regime. If “may issue” goes, the entire New York handgun licensing structure comes crashing down._________________________________________

WHY ANTI-SECOND AMENDMENT FORCES ABHOR AND FEAR HELLER

PART SEVEN

The U.S. Supreme Court, knows that the driving mechanism of the right of the people to keep and bear arms rests on the assumption, taken as axiomatic, self-evident true, that the right is grounded on the natural, fundamental right of armed self-defense that itself is inextricably bound to the basic right of self-preservation and personal selfhood, i.e., personal autonomy. The right exists inherently in each person as an individual Soul, as the Divine Creator intended.If the Second Amendment were to be treated as a “collective right,” that is tantamount to saying there is no right at all. The right would be nugatory, because  right would belong solely to the State, not to the person.The framers of the Constitution couldn’t have meant that. They didn’t put pen to paper just to waste ink. Moreover, such an interpretation would conflict with the very import of the Bill of Rights, essentially deflating the import of the entirety of it. For, without a personal right of armed self-defense, man is vulnerable to attack from predatory beast, which is bad; and from predatory man, which is worse; and  from the predatory government, which is worst of all.So, in Heller, Justices Scalia, Thomas, and Alito took that opportunity—when it finally came around—to pointedly and decisively hold that the right of the people to keep and bear arms is an individual right, unconnected with one’s service in a militia. This of, course, is plain from the text of the Second Amendment but since many courts and scholars choose to ignore it, pretending that the language of the Second Amendment doesn’t mean what it says, the High Court made the point clear, so that no one can conveniently obfuscate the meaning of the language.Note: the issue as to the meaning of the nature of the right of the people to keep and bear arms was never before the Heller Court. The only two issues before the Court were whether:“the total ban on handguns under D.C. Code §§ 7-2501.01(12), 7-2502.01(a), 7-2502.02(a)(4), as well as the requirement under D.C. Code § 7-2507.02 that firearms be kept nonfunctional, violated exercise of the constitutional right of the people to keep and bear arms.”But, Justices Scalia, Thomas and Alito knew that striking down these Statutes would do little to constrain a government that abhors civilian citizen exercise of the Second Amendment right, unless the High Court made clear that the right of the people to keep and bear arms is an individual right, and not a privilege to be bestowed on a person by government prior to exercising the right.The District of Columbia would continue to enact new laws that did much the same thing as the old laws. Anti-Second Amendment Governments would have to exercise more discretion and creativity in denying Americans their God-given right.Once the right is understood clearly, succinctly, and unambiguously, to be an individual natural right, rather than a Government bestowed privilege, it is easy for reviewing courts to ascertain whether government action constrain exercise of the core individual right.Of course that should happen but didn’t happen. The recent New Jersey bill, for one, is evidence of  rabid disdain of many in Government toward the Second Amendment. It also demonstrates the tenacity of Anti-Second Amendment in continuing to drum up more and more unconstitutional codes, regulations, ordinances, and statutes despite of and in spite of the clear pronouncement in Heller. Resistance to Heller is obdurate.Still, Justices Scalia, Thomas, and Alito had held out the hope that a clear and categorical pronouncement on the import of the Second Amendment would constrain resistant vocal forces in Government. And, in fact Anti-Second Amendment Courts cannot dismiss the salient holding of Heller out-of-hand, but must remark on it, even as they strain to uphold unconstitutional gun laws, as they continually do.Be that as it may—At least in Heller, with the idea that the right of the people to keep and bear arms is a collective right now, finally, laid to rest—and not to be denied out-of-hand the Heller Court could deal effectively with the issue at bar in Heller. Justice Scalia, writing for the majority, said,“We turn finally to the law at issue here.  As we have said, the law totally bans handgun possession in the home. It also requires that any lawful firearm in the home be disassembled or bound by a trigger lock at all times, rendering it inoperable.” But, the impact of Heller on Bruen may be minimal. Even if the High Court finds the New York City Rule to be unconstitutional and strikes it down, this only amounts to a finding simply that the decision on the Plaintiff Petitioners’ applications for an unrestricted concealed handgun carry license was unconstitutional. An answer to the “narrow question” as reframed, only requires that; nothing more.At best, the High Court can, consistent with the rephrasing of the question on review, find the City’s procedures for determining whether an applicant meets the stringent requirements of ‘atypicality’ to be inadequate.If that is to happen, a remand of the case to the trial court would require the trial court to strike down the procedures now in place in New York City, and instruct the Government to promulgate new procedures for handling the licensing of concealed handgun carry licenses. This, unsurprisingly, is what the Respondents have requested. It would be a satisfactory win for them. For the constitutionality of atypicality would go unanswered: The handgun licensing structure of New York would remain intact; and the core issue the Petitioners wanted decided—an unqualified right of armed self-defense outside the home—would remain unresolved.And the redrafting of New York City’s “may issue” procedures would likely be no better than the ones currently in place, because the NYPD License Division would still retain authority to grant or reject applications: an inherently subjective judgment call.Moreover, the ramifications of “may issue” procedures only impact New York—consistent with the issue as restated. Other “may issue” jurisdictions can proceed as they always have.Anyone who questions “may issue” procedures in other jurisdictions would have to file their own challenges. This would necessitate another appeal, by another petitioner, to the High Court, requesting review of another “may issue” procedure of that other Anti-Second Amendment jurisdiction, assuming relief from a lower court is not forthcoming.The ensuing problems for Americans who simply seek to exercise their God-given right to keep and bear arms are endless and intractable. And the Court is not likely to take up a similar issue, leaving forever open the right of armed self-defense.But the most critical point to be made is one that no one else, to our knowledge has even considered. It is  that—The right of the people to keep and bear arms tacitly embraces the right of self-defense which entails the right of personal autonomy——the quintessential right upon which the sanctity and inviolability of one’s own Soul depends.The framers of the Constitution took that most basic of natural rights to be self-evident true. They took this fact to be so obvious that express mention of it was deemed unnecessary—even by the Antifederalist framers who demanded that several of the salient natural rights be codified.Thus, the Second Amendment expressly asserts and emphasizes only the need for the people to always be armed and at the ready to secure a free State, against incursion of tyranny of Government. It is for this reason that the people remain armed that the sanctity of their Selfhood can be free from Government intrusion and free from Government impediment: untouched, unsoiled, untrampled, undiminished.Having successfully fought off one tyrannical government, the founders of the Republic had dire concerns of any strong centralized government. Even with the checks and balances of the Federal Government they constructed, they knew that this Government, too, had within the seeds of it, the danger of tyranny—an unavoidable fact of the worst of human nature. An armed citizenry was the ultimate preventive medicine against that.But, if armed defense is contained and constrained within the confines of one’s home, then the implicit message is that no American has the unalienable right to employ defensive arms against tyranny of Government, for the structures of Government power exist outside one’s home.And containment of the Second Amendment and the panoply of other Rights of the Bill of Rights is just how Neo-Marxists and Neoliberal Globalists presently running the show in Government and throughout the Country intend to keep it at least for the time being, until such time as they consolidate enough control and power to erase all of it.___________________________________

DON’T EXPECT BRUEN TO BE THE DECISIVE PRONOUNCEMENT OF ONE’S SECOND AMENDMENT RIGHT AS HELLER AND MCDONALD PROVIDED

PART EIGHT

The issue before the High Court, as reformulated, in Bruen, requires the Court only to determine whether the City’s rules for granting concealed carry handgun licenses are arbitrary and capricious.The Court thus leaves undecided the principal issue that the Petitioner wanted the Court to review, namely whether the right of armed self-defense extends beyond the confines of one’s home, making clear what the Heller Court didn’t rule on: the expansiveness of armed self-defense—beyond the confines of the home—as the founders of a free Republic understood the natural right.After all, what is one to make of saying a person has a right to armed self-defense in some places but not others, other than to reaffirm the right of Government to continue to place unconstitutional restrictions the on exercise of the right of armed self-defense. The idea is absurd on its face, and negatively implicates the very notion of self-defense, armed or otherwise.Of course, Justices Alito and Thomas could write concurring opinions taking the Court to task for not ruling on the most important issue, whether armed self-defense extends everywhere; and probably will do this if one or the other Justice is not assigned to draft the majority opinion. But a concurrence would amount to dicta only, not a Court ruling.The High Court will most likely confine its ruling, or rulings, to addressing New York City’s “may issue” procedure, which is the way Chief Justice Roberts and the liberal wing of the Court had the issue restructured and that is what the Respondents wanted.This smacks of a “cop-out.” And we have seen this before, in the Court’s handling of the previous New York City Gun Transport case. That is what the Respondent City had in fact requested in oral argument. If the City gets that much, then they essentially win, and anti-Second Amendment advocates will breathe a collective sigh of relief. For, the salient issue, as to whether the right of the people to carry firearms for self-defense outside one’s home, which Heller didn’t address and, in fact, painfully avoided—as Roberts and Kennedy likely insisted upon—remained unexamined.And, this would be just as Roberts and the liberal wing of the Court would want to continue to leave it, as this would keep the perceived “damage” ofHeller and McDonald within rigid, narrowly defined contours.Anti-Second Amendment Courts and governments will continue operating as they have been operating all along: pretending Heller and McDonald never existed, and continually pressing for more and more repugnant, restrictive, repressive firearms' laws. And as those seminal Second Amendment cases have routinely been ignored, now one would add Bruen.This must have vexed Justice Scalia. The Chief Justice, John Roberts and Associate Justice Anthony Kennedy, compelled Justices Scalia, Thomas, and Alito to soften the impact of Heller, which, at its core made clear that the right of the people to keep and bear arms rests well beyond the lawful ability of Government to abrogate. But tension would remain between the categorical natural right of the people to own and possess firearms and the desire of State Governments to exercise their own police powers to constrain and restrict the right to the point that the right would cease to exist. And, the Federal Government, for its part, would have its own reason to erase the idea of a right of the people to keep and bear arms that rests beyond the lawful power of that Federal Government to erase, modify, abrogate, dismiss, or simply ignore. For an armed citizenry would, in its very existence threaten tyranny. And that is something the Federal Government has always been uneasy with, and all the more so now, with Counterrevolutionary Marxists and Neoliberal Globalists hell-bent on disassembling a free Constitutional Republic and independent, sovereign nation-state that it may be successfully merged into a supra-national, transnational governmental construct.Did the late Justice Antonin Scalia surmise this? Did he see this coming? Did he attempt to prevent it? And did powerful, ruthless forces, beholding to no nation and to no set of laws recognize this, and initiate plans to prevent anyone and anything that might thwart their plans for a new political, social, economic, financial, cultural, and juridical governmental construct: a new world order. In such a scheme the concept of the nation-state is archaic, serving no functional purpose. And the idea of a people as sole sovereign ruling body over Government is particularly dangerous and abhorrent. _________________________________

THE HELLER CASE ILLUSTRATES THE TENSION AT WORK TODAY IN AMERICA, BETWEEN TRUE PATRIOTS WHO WISH TO PRESERVE THE NATION AS A FREE REPUBLIC AND THE TRAITORS INTENT ON DEMOLISHING ALL OF IT

PART NINE

In the last paragraph of the Heller majority opinion, one sees the results of the demand placed on Justice Scalia. Chief Justice Roberts and Justice Kennedy compelled Scalia to expressly assert the right of States to exert control over the right of the people to keep and bear arms.There is manifest tension here between the right and of the individual to retain sole and absolute possession and control over and enjoyment of use in his firearms as his personal property and the State's opposition to the individual's absolute authority over his personal property rights in his firearms. The State insists on placing constraints on the exercise of the citizen's control over his own firearms, and the citizen insists on repulsing the State. Scalia was forced to make allowance for Government to constrain what is an irrefutable, absolute right. He was compelled to throw a bone to the Anti-Second Amendment Marxists and Globalists by making explicit the reference to “gun violence, they insisted on.But one also sees Scalia’s intention to have the last word, both alluding to and denying that the Second Amendment will not be made extinct—at least not on Scalia’s watch. The pity that this eminent, jurist, who had demonstrated true reverence for our Nation’s Bill of Rights would have no hand in penning an opinion in Bruen. That Justice Scalia is no longer with us, Americans are all the worst without him.For the danger of tyranny of Government is most acute today, and there is no greater need for an armed citizenry today, to thwart tyranny. And Justice Scalia knew this well. He ended the Heller majority opinion with these words: “We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgun ownership is a solution.  The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns [citation omitted]. But the enshrinement of constitutional rights necessarily takes certain policy choices off the table.  These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem.  That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.”Unfortunately for us Americans, the Second Amendment could very well go extinct given the current unhealthy climate in this Country, deliberately worsened through Neo-Marxist/Neoliberal Globalist provocation, driving the Country to a Civil War.Retired Justice John Paul Stevens and Justice Stephen Breyer responded directly to Justice Scalia’s closing remarks in Heller. They caustically remonstrated against him, provoking him by asserting erroneously and absurdly that, to call the right of the people to keep and bear arms an individual right, is to have the Court create a right that doesn’t exist in the Bill of Rights. Really?And, Stevens and Breyer further insulted the late Justice by remarking that it is for Government to define the rights that the people have through the policy choices that Government makes. Justice Stevens and Breyer invoked the tired erroneous claim that whatever right to keep and bear arms exists in the Second Amendment,that right is a collective right, which is to say, a Government sanctioned privilege. In so saying they rebuked Justice Scalia, and Justices Thomas and Alito, casually dismissing out-of-hand, the salient, paramount holding of Heller.In their joined Dissent, Stevens and Breyer write,“Untiltoday, it has been understood that legislatures may regulate the civilian use and misuse of firearms so long as they do not interfere with the preservation of a well-regulated militia.  The Court's announcement of a new constitutional right to own and use firearms for private purposes upsets that settled understanding, but leaves for future cases the formidable task of defining the scope of permissible regulations.  Today judicial craftsmen have confidently asserted that a policy choice that denies a ‘law-abiding, responsible citize[n]’ the right to keep and use weapons in the home for self-defense is ‘off the table.’    Given the presumption that most citizens are law abiding, and the reality that the need to defend oneself may suddenly arise in a host of locations outside the home, fear that the District's policy choice may well be just the first of an unknown number of dominoes to be knocked off the table.”“I do not know whether today's decision will increase the labor of federal judges to the ‘breaking point’ envisioned by Justice Cardozo, but it will surely give rise to a far more active judicial role in making vitally important national policy decisions than was envisioned at any time in the 18th, 19th, or 20th centuries.” Note, that Breyer, who still serves on the High Court, asserts his fear, in Heller, that the Court might actually proclaim that armed self-defense does exist outside the realm of one’s home.If Justice Scalia were still alive and serving on the Court, he would indeed make clear, in Bruen, that the right of armed self-defense outside the home is within the core meaning of the language of the Second Amendment. But, with Scalia gone, the Bruen case—that would have become the third seminal Second Amendment case—creating a triumphant Second Amendment Triumvirate of seminal cases, sanctifying the Bill of Rights, will not be.The Destroyers, Destructors, and Defilers of our Republic will continue pressing to wear down the American psyche and spirit.The Bruen rulings will likely amount to little more than a bee sting to the Neo-Marxists and Neoliberal Globalists, having little negative impact on New York, and no impact on Anti-Second Amendment Governments across the Nation and no discernible impact on Anti-Second Amendment forces in the Federal Government.The “atypicality” requirement will remain. Just the procedures in granting concealed handgun carry licenses in New York City would change.And nothing would change for other Anti-Second Amendment jurisdictions as they will retain their own “atypicality” requirements unless those procedures are successfully challenged in their own Courts of competent jurisdiction.All the problems attendant to the Federal and State Governments’ refusal to recognize the sanctity and inviolability of the right of the people to keep and bear arms will remain unscathed.And, from what we gather coming out of Biden’s maw and that of the illustrious Marxist/Neoliberal Globalist Governor of California, Gavin Newsom, of late, the seeming impenetrable castle walls assiduously built by the Heller and McDonald rulings and reasoning, remain under siege, and in danger of successful breach at the first opportunity._____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE FEDERAL GOVERNMENT HAS GONE ROGUE

MULTI-SERIES ON THE ISSUE OF POSSIBLE TREASON AT THE HIGHEST LEVELS OF GOVERNMENT

PART SIX

SUBPART A

“All tyrannies rule through fraud and force, but once the fraud is exposed they must rely exclusively on force.” ~ attributed to George OrwellThe central theme of our multi-series set of articles on “treason,” and the principal focus of our series, is that treason, as defined in the U.S. Constitution, has been operating at the highest levels of the Federal Government since the inception of the Harris-Biden Administration, on January 20, 2021.Our discussion here is dedicated to laying out a case for the inference of treason in the legal sense of the word, and not in a mere colloquial, hyperbolic, or pejorative sense. This treason exists in and has infected the whole of the present Administration, and this infection extends to Congress.The Government under the Harris-Biden Administration is rogue and renegade.Our central thesis is that the extent of and expansiveness of infection is so pervasive, so dominant, so permeates the Administration that an inference of treason by Government against the Nation, Constitution, and People must be drawn.Corruption of Government extends to the Pelosi-Schumer-controlled Legislative Branch of Government, working in lockstep with the Executive Branch.Beyond the present policy decisions indicative of treasonous intent on the part of Joe Biden and other known and unknown individuals who control and manipulate him, the Administration intends to corrupt or control or neutralize the Third Branch of Government, the Judiciary.The Three Branches of Government have, since the creation of the Federal Government, through ratification of the Constitution, operated as discrete independent bodies—Legislative, Executive, Judicial.Each Branch is expected to perform its tasks within the confines of the limited powers and authority ascribed to it by the dictates of the U.S. Constitution, always operating in and remaining within its own orbit, its own sphere of influence and activity, as each was meant to.This Governmental construct was meant not to be a stopgap measure for the Federal Government, but a permanent fixture in it.The doctrines of “Separation of Powers” and “Co-Equal Branches,” that underlie the Federal Government construct for this Nation, were designed to discourage and forestall, if not prevent, the inception of tyranny in the Federal Government.Having successfully defeated the tyranny of one regime through armed revolt, the framers had no wish to plant the seeds of tyranny for another through the Government they would create that would, ironically, come from their own hand. So, they gave scrupulous attention to the creation of a Government that would have the best chance of avoiding the tyranny that besets a monarchy—even a Constitutional Monarchy—that England ostensibly had. They sought to create a Government for a new Nation that would best secure for themselves, and for their fellow Americans, and for generations that followed, one conceived in liberty.The Founders determined that a Republican form of Government would best serve the interests of the American people and would be least likely to turn against the people. They constructed a Federal Government that rejected a monopoly of powers in Government.The first three Articles of the Constitution attest to the Framers’ intention to preclude the consolidation of legislative, executive, and judicial power in one body. And they hoped that clear division of authority and power would also prevent the accumulation of power in two or all three Branches of the Government.That structure is now crumbling. Two Branches of Government—one controlled by the Harris-Biden Administration and the other controlled by the Pelosi-Schumer Congress—are overlapping, embracing each other; converging and merging into each other; operating in unison as a single entity.The intention of both the present Administration and the present Neo-Marxist-led and controlled Congress is to bring the Third Branch of Government, the Judiciary, the U.S. Supreme Court, into their fold.And their actions to date demonstrate this maneuvering to consolidate power into one super organ of Government.If this process continues, there is nothing to stop the Government from collapsing in upon itself, centralizing power of the Legislative, Executive, and Judicial Branches in one Branch even if the trappings of separate, co-equal Branches should continue. It would all be an illusion.The aim of the present Administration and the Democrat Party-controlled Congress in orchestrating consolidation of power is, as is self-evident, to streamline and to steamroller execution of Neo-Marxist and Neoliberal Globalist policies. Thus, the Government avoids debate among the few dissenting voices in Government that would be able to stop the operations of a rogue Government and avoid accountability to the polity that would justifiably object to and reject those policies.Further consolidation of all the power functions of Government, if left unchecked, would degenerate into Authoritarianism and eventually to outright Totalitarianism. The Federal Government would have long ceased to operate and function in accordance with Republicanism.At that point even the vestige of a Federal Government ruled by law and not by men would be dropped, as there would no longer be any need for it.The citizenry would live under perpetual surveillance: thoughts and behavior strictly controlled; dissent denied; the armed citizenry, disarmed.The Executive and Legislative Branches of Government are being drained of vitality as they lose their respective independence of function.The Federal Government is coalescing into autocratic rule.But whatever the form of autocracy—Authoritarianism, Totalitarianism, Fascism—it all denotes TYRANNY. This Country is treading close to that. And we may already be there.The legacy Press fails to acknowledge this even as the public recognizes it; is forced to come to grips with it; accept the disturbing, frightening reality of it.Tyranny is rapidly coming to fruition because—The Harris-Biden Administration and the Pelosi-Schumer-Controlled Congress do not perceive the Constitution as an essential framework within which they are to exercise their respective powers in a lawful manner. Rather, this Government perceives the Constitution merely as an obstacle, an obstacle to be overridden by Congressional statute and/or by Executive fiat, or simply ignored.

THE ADMINISTRATION AND CONGRESS ARE OPERATING OUTSIDE THE BOUNDS OF THE U.S. CONSTITUTION

The Executive Branch, the Office of the President of the United States, is operating in contradistinction to its Constitutional directive in defiance to the “TAKE CARE” CLAUSE of the Constitution.Article 2, Section 2 of the Constitution says, in pertinent part, that the U.S. President “shall take Care that the Laws be faithfully executed.”This isn’t a suggestion or wish. This is an obligation and one that the present Administration has not only flaunted but has dismissed out-of-hand.And the Legislative Branch, Congress, is failing to heed its salient obligation to Nation, Constitution, and People, in contradistinction to the “NECESSARY AND PROPER” CLAUSE of the Constitution.As set forth in Article 1, Section 8, Clause 18 of the Constitution, it is the function of Congress,“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” The Neo-Marxist Pelosi-Schumer-controlled Congress extracts from the “NECESSARY AND PROPER” CLAUSE what it wants.But, this clause DOES NOT grant to Congress unlimited power to alter the Constitution as it wishes, outside the strict bounds set by the Constitution.“The Necessary and Proper Clause does not vest Congress with any power to alter constitutional structure by statute. Congress may only use that Clause to assist itself and the other branches by providing the means for carrying into execution a power already possessed by a branch of the federal government.” “The President’s Power to Execute the Laws, 104 Yale, L.J., 541, by Steven G. Calabresi, Associate Professor, Northwestern University School of Law; J.D. Yale University; and Saikrishna B. Prakash, J.D., Yale University.The only way Congress can change the Constitution, lawfully, is through the Amendment process. That process is set forth in Article 5 of the Constitution. It is a difficult, complex, time-consuming task; deliberately so.This is as the Founders made it, lest unscrupulous, ruthless individuals in Government attempt to utilize the Constitution to corrupt it, transforming the Government operating under Republicanism into Authoritarianism or Totalitarianism.But, even if the Pelosi-Schumer Congress or some other unscrupulous Congress could convince enough States to cede power to it, through the Article 5 Amendment process, this would amount to the shredding of the doctrine of Federalism.The amendment process would drastically alter the framework of Government grounded on REPUBLICANISM. But that is the goal: to dismantle a free Constitutional Republic, unimpeded. It would be an impossible task, as well it should.A massive reconfiguration of the Federal Government even if attempted lawfully, through the application of the Article 5 amendment process, would require:

• REPEAL OF THE BILL OF RIGHTS OF THE CONSTITUTION

• REVISION OF ARTICLE 4 OF THE CONSTITUTION

Let us look at this more closely.

REPEAL OF THE BILL OF RIGHTS

Congress cannot modify or abrogate the Bill of Rights through Article 5 of the Constitution, even theoretically. The reason is this: The Bill of Rights is a codification of Natural Law Rights. These Rights precede the creation of Government.Natural law Rights exist intrinsically in man, bestowed by the grace of the Divine Creator. They aren’t bestowed on man by the grace of Government.The Article 5 amendment process would also require repealing Article 4 of the Constitution.

REVISION OF ARTICLE 4 OF THE CONSTITUTION

Article 4, Section 4 of the U.S. Constitution sets forth in critical part that, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.”

THE “GUARANTEE” CLAUSE

The first clause, the “GUARANTEE” CLAUSE, isn’t a suggestion or wish, or whim. It is a mandate, guaranteeing REPUBLICANISM.Even if it were theoretically possible to erase Republicanism through the Article 5 amendment process, most States would never agree to this.But, AUTHORITARIANISM in the Federal Government cannot logically coexist with REPUBLICANISM in the States. These two forms of Government are logically, not simply empirically, incompatible.The Government would either have to reject AUTHORITARIANISM or convince the States to agree to AUTHORITARIANISM as the new mode of Government in the Nation.

THE “PROTECTION AGAINST INVASION” CLAUSE

The Federal Government isn’t protecting the States from invasion. That is a fact. The Harris-Biden Administration is actively inviting the invasion of the Nation through its “OPEN BORDERS” policy.The States, as sovereign entities themselves, have every right, and duty, to take those steps necessary to protect themselves from invading hordes if the Federal Government cannot or, as is evident, will not protect the States from invasion.Texas and Florida are therefore compelled to act to protect themselves from invasion and have done so since the Harris-Biden Administration has refused to do so.The Administration even tries to prevent the States from protecting their own borders.These facts suggest the Administration isn’t merely enabling invasion of the Country, it is involved in orchestrating it. This is unconscionable.The States—all fifty of them—have every right to protect their borders from invasion. They are sovereign entities. The sovereignty of the States is manifested through the Tenth Amendment of the Bill of Rights of the Constitution.  The Tenth Amendment sets forth,“The 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 Tenth Amendment is a statement of FEDERALISM. This means that sovereignty is shared between the Federal Government and the States.The Administration’s actions are inconsistent with the sovereignty of the States, protected under the Tenth Amendment of the Constitution and with the DOCTRINE OF FEDERALISM, underlying the Tenth Amendment.The Administration’s actions are also inconsistent with the DOCTRINE OF REPUBLICANISM, mandated by Article 4 of the Constitution, and inconsistent, as well, with its obligations to the States under Article 4.The States would never agree to revisions of the Constitution that would operate as waivers of Federal Government obligations under Article 4 of the Constitution and of States’ sovereignty under the Tenth Amendment to the Constitution.The Administration’s unwillingness to protect the States from invasion and, at once, attempting to foreclose States from protecting themselves, is not only unconscionable, it is patently illegal, amounting to treachery and betrayal of the Nation, Constitution, and People.

THE FEDERAL GOVERNMENT ESCHEWS ANY DISCUSSION OF ARTICLE FIVE OF THE U.S. CONSTITUTION IN A MONSTROUS PLOT TO RESHAPE EVERY INSTITUTION OF THE NATION

The Pelosi-Schumer Congress and the Harris-Biden Administration realize the Herculean task if not outright impossible task of utilizing Article 5 of the Constitution to transform the Nation into a functioning Neo-Marxist Dictatorship. The difficulty of doing so is no accident. It is by design. It is as the Framers of the Constitution intended.“Amending the Constitution should of course be undertaken with the gravest of care. After all, there is a reason why constitutional designers impose special rules for amending a constitution. If it were just as easy to amend a constitution as it is to amend an ordinary law, there would be nothing special, more authoritative, or more meaningful about it than a statute. It may admittedly be unwise to fiddle with the constitutional text because frequent constitutional changes breed uncertainty, which itself undermines the stability that government requires to function properly. Stability was in fact a chief objective in the minds of the Framers as they set out to establish the parameters for amending the constitution. Other objectives which Article V serves are popular legitimacy and federalism,  the former oriented toward ensuring that any amendment may be said to flow from the durable will of the people, and the latter permeating the entire constitutional text and indeed its very genesis. The high procedural hurdles of Article V that citizens and legislators must clear in order to perfect a constitutional amendment also entail considerable investments of time and cost, which together serve an important purpose of diluting the passions that may otherwise suffuse the daily business of popular politics.” “The Constitutional Politics Of Presidential Succession, 39 Hofstra L. Rev. 497, Spring 2011, by Richard Albert, Assistant Professor, Boston College Law School; Yale University (J.D., B.A.); Oxford University (B.C.L.); Harvard University (LL.M.). The frustration of the Neo-Marxist Internationalists and Neoliberal Globalists is palpable.They reject Republicanism for Authoritarianism or Totalitarianism, either of which requires the dismantling of a free Constitutional Republic. The tacit goal is to INSTITUTIONALIZE TYRANNY of Government.This monumental task cannot be undertaken through the lawful operation of Article 5 of the Constitution. That would be much too time-consuming and, in part, logically, as well as legally, impossible. So the Government attempts to reconfigure the political, social, economic, and legal fabric of the Nation, avoiding Constitutional stricture, through the operation of statute and executive fiat; openly denying and defying the Constitution.Is this radical, illegal alteration of the structure of a free Constitutional Republic truly coming from the faces of Government that the American people see? Or is this transformation coming from unseen forces behind the scenes?If an unseen hand is making executive-level policy decisions, then this points to treachery and betrayal of the Nation, Constitution and people, for the Chief Executive cannot Constitutionally delegate executive-level policy decision-making authority to unnamed, unelected individuals.Article 2 of the Constitution places EXECUTIVE DECISION-MAKING AUTHORITY in one person, and one person, only: The President of the United States.The President is the only person who has executive-level decision-making authority. THIS IS NOT DELEGABLE.It is a violation of the Constitution if Biden did attempt to delegate this authority to others or consciously or unconsciously acquiesced to it.If Biden is not making executive-level decisions or even involved in the policy-making process, he is not serving as U.S. President. That means he is merely a figurehead, a placeholder.If true, this means the Nation is devoid of a sitting President of the United States.

THE SALIENT PROPOSITIONS THAT COMPRISE MATTERS TO BE DISCUSSED IN OUR ESSAY ON TREASON INCLUDE THE FOLLOWING:

• The present Government’s actions amount to treachery and betrayal of the Nation, the Constitution, and the People in failing to perform and in actively disregarding its core functions and duties to preserve, protect, and defend the Nation, the States, and the People.

• The present Government has not only failed to perform its duties and to comply with its obligations under the Constitution of the United States but has unlawfully usurped power and authority that resides solely in the States and in the People as codified in the Tenth Amendment to the U.S. Constitution.

• The present Government’s usurpation of power and authority residing in the States and the People reflect a conscious effort of the Government to undermine the security and well-being of the Nation, the States, and the People.

• The present Government’s policies and actions are directed to harming the States and the people and to the eradication of, not the preservation of a free Constitutional Republic.

• The present Government’s actions are directed to transforming a free Constitutional Republic into an autocratic regime, inconsistent with the Constitutional Requirement and mandate of Republicanism.

• The insinuation of Autocracy in the present Government is incompatible with and constitutes a direct assault on the continued existence of a free Constitutional Republic.

• Treachery against the States and the people constitutes a betrayal of the U.S. Constitution, the Nation, and the People.

• The Treachery of the Federal Government is equivalent to the Tyranny of the Federal Government.

• The Tyranny of Government directed against the States and the people has its expression through the subversion of the Constitution and of the law; contempt for and defiance of the Rule of Law; disrespect for and denial of the sovereignty of the States and of the ultimate sovereignty of the American people over Government; suppression of the Peoples’ right to exercise their Natural Law Rights and Liberties, codified in the Bill of Rights; and repression, oppression, subjugation, persecution of, and unlawful prosecution of the people in defiance of due process and equal protection under the law.

• The present Government’s actions evidence a deliberate intention and desire to impose Tyranny on the States and on the American people.

• Imposition of Tyranny of Government extends to the institutionalization of Tyranny in the Government and throughout the Nation.

• Tyranny of Government constitutes a Treason of Government directed to and against the States and the People.

• Treachery of Government is equivalent to Tyranny of Government.

• The Treason Clause, Article 3, Section 3, Clause 1 of the United States Constitution, extends to Treachery of Government directed against the States and the People.

• Application of the Treason Clause of the Constitution was intended not only as of an assertion of treachery directed against the United States and against the United States Government but as the assertion of the treachery of the United States Government directed against the States and/or the People.

• The Right of the People to Keep and Bear Arms was designed to be the ultimate protector of the States, the People, and the United States, not only against their enemies, both foreign and domestic but as a defense against the tyranny of the United States Government and its standing army as might be directed against them—namely, the States and the People.

______________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

MARXISTS SEEK TO DISARM CITIZENS, ELIMINATE ALL NATIONAL HOLIDAYS, MONUMENTS, AND THE NATION'S FLAG!

WILL THIS BE OUR LAST FOURTH OF JULY INDEPENDENCE HOLIDAY?

PART ONE

America's Neo-Marxists’ and Neoliberal Globalists’ campaign endlessly and mercilessly to destroy a free Constitutional Republic and a Sovereign American people. Their ignominious design is multifaceted.One facet involves denigration of, renaming of, rebranding of, misappropriation of, or outright elimination of American’s cherished National and Religious Holidays: Columbus Day, Labor Day, Memorial Day, Veterans Day, President’s Day, and Christmas.Concomitantly these Marxists have created or seek to install a set of fake holidays, replacing traditional ones with idiotic surrogates, including “Juneteenth” (which they succeeded in installing), along with May Day, Earth Day, Indigenous People’s Day, and so forth and so on. For a longer list, see, e.g., the website, “war on press.” See also, the article in the website, “state symbols usa.”Even relatively minor Holidays, such as Mother’s Day and Father’s Day, are under the gun meeting with constant Marxist-led derision, as being incompatible with the nightmarish reality Marxists and Globalists intend to impose on Americans.In fact, use of the very words ‘mother’ and ‘father’ may one day become obsolete and forbidden because Marxist Democrat Party leaders maintain they aren’t “gender-neutral.” Only gender-neutral verbiage will be allowed in the Bizarro world of these Democrat Party Marxists. Fancy that! See “msn news article,” citing Washington Examiner. See also article in “Political Patrol;” article in the Daily Signal; and article in “pj media,” illustrating the sheer enormity of the attempt by Marxists to interject artificial language constructs on us hapless Americans, notwithstanding the crass stupidity of the attempt.None of this bodes well for the future of America if the Democrat Party maintains its majority after the midterm elections of 2022.Even now, Americans are seeing the rapid unraveling of their Republic taking place every day, as Marxist propaganda constantly and obnoxiously pervades newspapers, radio, TV, and the internet.This poisonous messaging is being indelibly imprinted on the public psyche. There is no escaping it. There is no respite from it. It is a nightmare from which no American can awaken. It is brainwashing on an industrial scale: disorienting, disturbing, nauseating, and inescapable.Given months of Marxist Democrat Party attacks on every aspect of American life, the Fourth of July Holiday, this July 4 Holiday cannot help but feel incongruous.Behind a veil of fragile inviolability, a lurking menace of a Marxist takeover of our Nation looms.But, as Independence Day 2021 also looms, the Marxist Democrat leadership is loath to disparage it outright, at least for the moment. But will the Independence Day Holiday remain free from Marxist Democrat defilement; will it exist next year if only because it comes prior to the 2022 midterm elections; and, if so, will it then exist the year after if the Marxist Democrats prevail, after the midterm elections, thereby maintaining their majority in Congress? The answer is, “not likely,” at least not in the sense that Independence Day will thereafter have any true import, for it will no longer retain its cherished historical meaning as a Holiday of Remembrance. The Holiday, if it continues to exist, would exist, only, if at all, as a caricature of what it once represented, a pale, fleeting distant memory, a memory for some, for a while, perhaps, of what it once represented; its import and purport eventually disappearing from memory forever because the Neo-Marxist/Globalist Counterrevolution to the American Revolution of 1776 would have succeeded.America's Neo-Marxists and Neoliberal Globalists must annihilate the Fourth of July Holiday because it operates each year, every year, as recognition of and a defiant expression of Patriots who rallied, on July 4, 1776 against the tyrannical Government of Great Britain’s George III and against the power behind the throne—the Bank of Rothschild.But for the act of brazen defiance against tyranny, the Nation that would shortly become a sovereign independent Nation-State, would not exist. The landmass of North America and its people would remain a colony of the United Kingdom, evolving eventually into a Country of a kind, but not a true independent sovereign nation because it would remain intricately tied to the United Kingdom (U.K.), as part of the United Kingdom Commonwealth of Nations, alongside at least sixteen other such nations: most notably Canada, Australia, and New Zealand—all of which formally recognize and proclaim the English Monarch as Head of State.And if that were the case, had America’s colonists lost the American Revolution, one must wonder to what extent the Marxists and Neoliberal Globalists would create the fuss they are creating today.George III and the Rothschild Central Banking clan had seen something awry in the Colony, which is why the British attempted to disarm the Colonists. And the Colonists responded with a volley of musket shots directed at the British to punctuate their refusal to surrender their firearms.When July 4 rolls around this year, Americans will be able to demonstrate their patriotic fervor—possibly for the last time—raising the American Flag high, and many Americans will also raise historical renditions of “Old Glory,” in gratitude to the valor of the colonists,’ and of their glorious battle for liberty and of their resounding defeat of tyranny.Children in many jurisdictions will be taught to hate our Country and to despise themselves if they happen to have the wrong skin color. They will be told that Independence Day has no significance other than to represent something negative, something horrible, something to be erased from ancestral memory, to be replaced with the false and poisonous claim that the Fourth of July must be but a reflection of glory for “the white race” and, concomitantly a reflection of racism against the “the colored races.”Many of our Nation’s public schools have a new curriculum ready for implementation for just this purpose; grounded on Marxist “Critical Race Theory” and on its twin sister, the 1619 Project. Both Marxist schemes are designed to psychologically condition and to brainwash the Nation’s youth to abhor their Country and their Country’s history, heritage, traditions, culture, and Judeo-Christian ethic.It is TYRANNY ANEW that the Neo-Marxists and Neoliberal Globalists intend to impose on Americans.These Marxists and Billionaire Globalist monopolists weave a distorted impression of American history, arguing erroneously that colonists in 1619 sought to foster a new Country but a Country in which “white colonists” could exploit and engage in wholesale oppression of Africans and their descendants—through the construction of an independent, sovereign “Slave Nation.” Thus, July 4 must, for these Marxists and Globalist monopolists hold no significance other than to exalt the creation of a massive institution of slavery, targeting Africans and the indigenous people of North America.But, slavery, such as it existed, at that time, in 1619 was, at most, incidental to, not essential to the life of the inhabitants of Jamestown or to a powerful, independent sovereign Nation that would come to be, over a century later.Slavery did continue, of course, and had its most prolific expression in “the South” because the South relied on cheap labor, “African slaves,” to fuel the engine of an agrarian society. The Industrial North had no such need for slave labor and had none and fought to deprive the South of its Agricultural engine. And when the North prevailed against the South, it commenced a terrible campaign of retribution, repression, and oppression against the “Rebels” who had dared secede from “THE UNION.”Yet, suppose the Confederacy had defeated the Union, and seceded from the Union, what then?In any case, slavery would have eventually ceased since, with time, slave labor would have become both inefficient and unprofitable with advances in technology. The Agricultural South, with its huge plantations, would flourish through the use of machines to farm, not on human beings.To be sure, machines need to be occasionally oiled and greased, and old components changed with new ones. But machines don’t require food, clothing, housing, or medical care.To be sure, machines need to be occasionally oiled and greased, and old components changed with new ones. But machines don’t require food, clothing, housing, or medical care.Moreover, one machine with one operator could do substantially more work than a hundred African slaves and complete work more quickly. And with the cessation of slavery, racism would diminish and eventually dissipate, as it has done.Martin Luther King’s dream of a colorless society would still come to fruition and the color of one’s skin would have no bearing on one’s worth as an individual. Why, then, would Marxists bother to dredge up something long since dead and buried? They would do so because it is necessary to do so if a Free Constitutional Republic is to be dismantled, and a Marxist Totalitarian Regime erected in its place.But the Republic cannot be dismantled in the absence of massive social and political upheaval. It is an upheaval that the Marxists and Neoliberal Globalists want, and it is an upheaval that the Democrat Party Leadership and the Harris-Biden Administration, at the behest of the Marxists and wealthy, powerful, ruthless Globalists, intend to accomplish, that they must fan and nourish if they are to realize their goal of a one-world Neo-Marxist/Neoliberal scheme.When you gather with family and friends this Fourth of July weekend, share this valuable and timely information we are giving you. Use this Holiday to remind others that we must constantly be aware that hard-fought freedoms are never assured.The American citizen must remain keenly aware that dangerous, jealous enemies of a free sovereign people reside within and outside the Country, coordinating their actions, ever scheming to wrest those freedoms from the American citizenry, to reduce the citizenry to penury, servitude, oppression, subjugation, a life, more a mere and meager existence of perpetual misery.____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

WHY IS IT THAT THE HARRIS-BIDEN ADMINISTRATION AND CONGRESSIONAL DEMOCRATS REALLY WANT TO TAKE AWAY YOUR GUNS?

PART ONE

GUN OWNERS; TRUMP SUPPORTERS; ANTI-MARXISTS; ANTI-GLOBALISTS—ARE THESE THE HARRIS-BIDEN “DOMESTIC TERRORISTS?”

The propagandists for the Democrat Party-controlled Government are nothing if not expert in the art of subterfuge, deflection, artifice, and duplicity. Turning the Bill of Rights on its head, they claim the Country will be better off once the American people just accept constraints on the exercise of their fundamental rights and liberties.But for whom would the Country be better off: for the American people or for the Neoliberal Globalists, along with their cousin Marxists, who intend to dismantle a free Constitutional Republic and merge the skeletal remains of the United States into something truly obscene: a transnational new governmental world order akin to the European Union?Already Biden has made overtures to Brussels, resurrecting the Transatlantic Trade and Investment Partnership or “T-TIP,” an arrangement that had stalled under the Trump Administration as did the Trans-Pacific Partnership or TPP.The true, if unstated, purpose of the G-7 Summit was to reassure Brussels that the U.S. was back on track to complete the agenda commenced in earnest thirty years ago—an agenda that had been making substantial headway under Obama, and that would continue under Hillary Clinton. But that agenda came to a screeching halt when Trump was elected U.S. President, to the surprise and shock and consternation of Neoliberal Globalists and Marxists both inside the Country and outside it, and no less to the chagrin of China, as well.But with the mentally debilitated, and easily manipulated Joe Biden firmly ensconced in the Oval Office, the Globalist and Marxist agenda could get back on track. The EU would get what it wants from the U.S.; China would get what it wants from the U.S.; even Russia got what it wanted. And who was left out of the mix? The American people, of course.But then, the Harris-Biden Administration and their cohorts in the Democrat Party controlled Congress, together with the seditious Press and social media and information technology titans haven’t bothered to ask the American people for their perspective on any of this. They really don’t care. They have effectively shunted Trump aside and they are treating tens of millions of American dissenters as potential “Domestic Terrorists” who refuse to go along with the game plan. The Globalists and Marxists will suffer no dissident thought or action. They are intent on stamping out all dissent. And this portends something serious on the horizon for the well-being of the Country and for the well-being of the American people.

WITH A RADICAL DEMOCRAT PARTY-CONTROLLED GOVERNMENT AND A BELEAGUERED, BESIEGED, WEAK REPUBLICAN CONTINGENT IN CONGRESS, AMERICAN PEOPLE HAVE BEEN BOXED INTO A CORNER AND MUST TAKE MATTERS INTO THEIR OWN HANDS TO REGAIN CONTROL OF THEIR COUNTRY?

The secretive powers operating in the Harris-Biden Administration, along with the Democrat Party have forced Americans into a tight corner. The forces that have boxed in Americans know this to be true. They did this intentionally. They have thrown down their gauntlet. They fully expect a backlash. And they fully intend to counter it.The forces that crush have instituted a comprehensive and insidious program designed to contain and constrain dissenting Americans.Their program must have taken shape during the early days of the transition of Government in 2021. And it is now available for all to see. The PROGRAM—really a POGROM—targeting Americans who refuse to get on board with the game plan is contained in a lengthy document, titled: “National Strategy for Countering Domestic Terrorism.”This Document, recently made available to the public,  serves a dual purpose for the Harris-Biden Administration. It operates, one, as a Declaration setting forth the raison d’être for a Marxist Counterrevolution in this Country to overturn the American Revolution of 1776, and, operates,  two, as an express and brazen threat to the autonomy of the American citizen. Never before in American History has the Federal Government professed to declare war on its own citizens. In that regard, the “National Strategy for Countering Domestic Terrorism” goes much further than even the infamousU.S. Patriot Act, in presenting a direct threat to an American citizen's fundamental Rights and Liberties. See also the article on the U.S. Patriot Act by the Electronic Frontier Foundation.But who are these “Domestic Terrorists” that the Harris-Biden Administration has declared war against? In the broadest sense, a “Domestic Terrorist” is any American who professes disagreement with the Globalist/Marxist agenda.

ATTEMPTS AT OBFUSCATION DO NOT DISGUISE THE FACT THAT “DOMESTIC TERRORIST” REFERS TO ALL AMERICANS WHO ACTIVELY DISAGREE WITH AND WHO DISSENT FROM THE HARRIS-BIDEN AGENDA.

The expression “Domestic Terrorist” drags in a sizable portion of the American citizenry, at least a third of the Country, that cherishes the Nation's founding, formative Documents—the Declaration of Independence, the Constitution’s Articles, and the Bill of Rights—and takes them at face value, in accordance with the plain meaning of the language therein.And, what do these Documents proclaim and prescribe? They proclaim and prescribe the preeminence of liberty and personal autonomy and of the existence of natural, God-given rights that exist intrinsically in each person; rights that precede the formation of nations and of governments and make clear that the American people, themselves, and not the Government they happen to form, are the Sole Sovereign of their Nation, and that they alone have the God-given right to control their own destiny.This presents a conundrum for the Harris-Biden Administration, which is to say, a profound dilemma for those secretive, powerful insiders who are orchestrating and choreographing the Administration’s every move.One thing is clear: Those elements presently in control of the reins of the Federal Government do not perceive themselves as servants of the people but, rather, as master over them.The Harris-Biden Administration, the Democrat Party controlled Congress, the Bureaucratic Deep State, the Legacy Press, and the major social media and technology monopolies have dismissed the founding, formative documents of our Country, out-of-hand, and, in so doing, have effectively declared war on the American people.But, a sizable chunk of the American people, though, cherish and extol the tenets, principles, and precepts contained in the Nation’s sacred Documents. That means the American people pose a threat to Government. They must therefore be brought to heel lest they exert their sovereignty over the Government. Imagine that!The Nation’s founding Fathers—yes, dare we use the expression, “THE FATHERS” of the Nation—understood well that a massively large, powerful centralized Government would, if left to its own devices, eventually, inexorably, inevitably usurp from the people,  that sovereign power belonging only to the people.The Founding Fathers knew that, while a Federal Government with limited powers, assiduously demarcated among three salient Branches—Legislative, Executive, and Judicial—may serve to forestall usurpation of power unto itself, the rise of tyranny would be inevitable. It would only be a matter of time. Only the presence of an armed citizenry could prevent this from happening, as the Founding Fathers well knew; hence the reason for the codification of the right of the people to keep and bear arms in an Amendment to the Constitution.It should come as no surprise to any American that the Destroyers of a Free Constitutional Republic would therefore mount a furious assault on the sacred right of the people to keep and bear arms.Not since the Nation’s inception in 1776, have the Obstructors of the Country come so close transforming it from a free Republic into an Authoritarian State—made all the easier through the use of information technology: technology that is capable of exerting vast control over content creation and dissemination of information, and the censure of it; technology that makes possible, the surreptitious, collection of private information and omnipresent surveillance of the Nation’s citizenry.The pillar of free speech, codified in the First Amendment and the freedom from unreasonable searches and seizures, codified in the Fourth, are both suffering slow strangulation as a result of the application of technology on a massive scale.The public has little to say about the application of, and has even less control over, technological advances that allow Government to nullify the unreasonable searches and seizures clause of the Fourth Amendment.And powerful Liberal Progressive and Marxist interests in the Federal Government flagrantly violate the First Amendment’s freedom of speech clause, operating through major social media monopolies, that share Progressive Left and Marxist sympathies and goals. The result is a blatant, shameless, unethical, illegal censure of speech.These elements in Government and business, operating in concert, have been successful at constraining public discourse, in recent years, to an extent never before countenanced. And they intend to upend this Nation’s Constitutional Republic now and for all time.Concomitant with censure of speech, and contrary to the dictates of the First Amendment, destructive forces in Government and in the technology monopolies have unleashed a campaign of propaganda to turn American against American and to indoctrinate children and adult alike. No institution is free from the onslaught; not even the military.

WITH FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES ESSENTIALLY ERADICATED, AND FREEDOM OF SPEECH UNDER CONTINUOUS, RUINOUS, HARASSING ASSAULT, ONLY FREEDOM TO OWN AND POSSESS GUNS REMAINS, OBSTINATELY RESISTANT TO GOVERNMENT ATTEMPTS TO CONSTRAIN EXERCISE OF THE RIGHT.

Only the right of the people to keep and bear arms effectively resists systematic and debilitating attempts by Progressive and Marxist influences to annihilate the exercise of this fundamental Right. But why is that? The reasons are plain. First, Americans recognize that no other Right defines them or the Country they are sovereign masters of, as the Right to own and possess firearms. So, Americans furiously defend that Right—more so than any other. Second, firearms are after all tangible implements, not intangible, digital objects, like words. It is not so easy for Government to purloin away one’s firearms as they have purloined away Americans’ private conversations and private documents and as they have systematically whittled away at the right of free discourse and free association among Americans of like kind.It’s impossible to take physical control over a citizen’s firearms surreptitiously. A person either has possession of them or he does not. And he will not so easily part with them. This angers the would-be Destroyers of a free Constitutional Republic to no end.How does one effectively separate a person from his firearms without causing a bloodbath in the Nation? This isn’t simply a matter of academic exercise for the Destroyers of our Country. They are well aware that the presence of—the continued existence of—armed citizens poses a direct, imminent threat to the installment of a Marxist totalitarian State and submergence of the remains of a free Republic in a Globalist Marxist new world order. But they also know that any attempt at a wholesale round-up of firearms would result in revolt—that is to say, armed revolt!It follows that no compromise on the right of the people to keep and bear arms is logically sensical despite the remonstrations of “antigun” groups carping endlessly over the need for more “commonsense gun laws”—as if they mean only that and nothing more. The idea is absurd on its face. It is all mere rhetoric designed to deceive. Americans have had more than enough of this nonsense.The question is: Now that Americans know the extent to which a free Constitutional Republic is in the crosshairs for destruction, and that the Federal Government has essentially declared war on its own citizens' sacred Rights and Liberties, what are Americans going to do to safeguard their Bill of Rights and their sovereignty over Government?___________________________________

PART TWO

A TYRANNICAL GOVERNMENT CANNOT LONG CONTAIN OR CONSTRAIN AN ARMED CITIZENRY.

If the American people are well-armed, then they can effectively, successfully resist Governmental attempts to control thought and action; they can effectively resist concerted efforts by tyrants to subjugate them; and they will always resist such efforts. But, if the American people are disarmed, they are defenseless before both two-legged predators and a predatory, tyrannical Government. So, the American people must continue to be well-armed. It is that simple.Thus, among those Destructive forces—neoliberal Globalist and international Marxist elements—who strive for firm Government control over the citizenry, the Right of the people to keep and bear arms must not be merely constrained, exercise of the Right must be curtailed. But, because it is immensely difficult to curtail citizen ownership and possession of firearms outright, absent wholesale bloodshed, which is to be avoided, the liberal Progressive Left and Marxists have been forced to undercut the Right of the people to keep and bear arms through a gradual escalating legislative process.The Federal Government’s assault on the Second Amendment started in earnest almost ninety years ago, with the enactment of the National Firearms Act of 1934. As with all antigun legislation, the pretext for the enactment of the NFA was an attempt to prevent criminal gangs from engaging in shooting rampages with certain classes of weapons, primarily fully automatic weapons and so-called short-barreled shotguns and rifles. The impact this law had on crime reduction was and is negligible. Its greatest and gravest impact was on infringing law-abiding American citizens' right to possess those firearms.Apart from actions by several State Americans to continue to enact laws to restrict and constrain the exercise of the right to keep and bear arms, the public was provided with a respite from the enactment of wholesale restrictive Federal firearms legislation for a period of sixty years, when Congress enacted the Violent Crime Control and Law Enforcement Act of 1994. That Act contained a subsection titled innocuously, the “Public Safety and Recreational Firearms Use Protection Act” a.k.a. “Assault Weapons Ban,” the latter descriptor of which is more accurate and to the point.Once again, the public was told that the purpose of an assault weapons Ban was directed to curbing violent crimes committed with a certain category of guns. It did no such thing. It was all a lie, having nothing to do with constraining criminal use of firearms.All the Act succeeded in doing and was designed to do was to target average, law-abiding Americans, not to reduce violent gun crime. The salient if tacit purpose of the Act was to ban lawful ownership and possession of a wide range of popular semiautomatic weapons in the hands of tens of millions of law-abiding Americans. The Act wasn’t designed to prevent gun crimes. And the banned firearms were not even utilized in the vast majority of gun crimes anyway.The law was set to expire ten years later, in 2004. It did expire and not surprisingly, it wasn’t renewed. The public wasn’t deceived and demanded access to semiautomatic firearms.Notwithstanding the expiration of the Assault Weapons Ban, that didn’t stop Anti-Second Amendment forces in Congress to try to enact new laws restricting Americans’ access to semiautomatic firearms. They were relentless in their pursuit to curtail the exercise of the right codified in the Second Amendment. And they continued their effort up to the present time. To date, all such attempts have failed, and that has frustrated the forces that seek to destroy this free Constitutional Republic and its sovereign people. It was therefore left to Anti-Second Amendment State Governments to fill the gap and States like New York and California did so, with relish.With the neoliberal Globalist Obama in the Oval Office, to be followed by Hillary Clinton, the Destroyers of an independent sovereign United States felt confident that they could gradually tighten the noose around the neck of the American people so that, by the time the citizenry realized they had lost their Nation, along with their Bill of Rights, it would be much too late for them to do anything about it.But Hillary Clinton didn’t make it into Office. Donald Trump did. And once the sobering reality of that had sunk in for the neoliberal Globalists and the Marxists, they no longer took for granted that they could work leisurely and quietly to reconfigure the institutions of the Nation; disregard the dictates of or redefine the meaning of the Constitution to suit their goals; and implement their plans for a takeover of the Country incrementally.The forces that crush entire nations went to work on our own; frenetically, ceaselessly, assiduously, to sabotage Trump’s policy initiatives; engaging in a virulent media campaign of vicious personal attacks on him, on his family, on campaign officials, and on Americans who voted for and who avidly supported him, who had realized the singular importance of the Trump initiatives and policy goals and promises in getting the Nation back on track to regain its historical roots and sensibilities. Yet, all the efforts to dislodge Trump from Office met with abject failure and Trump was successful in realizing many of his goals.The forces that crush entire nations couldn’t understand Trump’s emotional strength; his resourcefulness, his fortitude; his resilience. The more vociferous and vicious the attacks became, the more implacable did Trump become.The public saw that Trump’s “America First” domestic and foreign policies actually benefitted the American people, Americans of all races. Trump was primed to win a second term in Office.The neoliberal Globalists and international Marxists would have not of that. And they pulled out all the stops to prevent that from happening.So, as a last resort, the enemies of the American people, both within the Republic and outside it, including likely the CCP and the EU Government in Brussels, machinated and conspired to prevent Trump from serving a Second Term. And they succeeded. Now, with Trump out of the way, and with Bush-era Republicans or otherwise meek Republicans offering no meaningful, substantial resistance to the agenda of Marxist Democrats, those Congressional Democrats are wasting no time consolidating their power over the Country and over the American people, before the 2022 midterm elections.

DEMOCRATS' TEN-PART PROGRAM TO CONSOLIDATE POWER AND GAIN CONTROL OVER THE NATION AND ITS CITIZENS

The Democrats' program involves, one, systematically corralling the voices of tens of millions of Americans; two indoctrinating the public in the tenets of Collectivism; three, consolidating control over the military and police; four, continuing to create mass upheaval and volatility in society with the assistance of criminal gangs, and Marxist and Anarchist agitators; five, maintaining dossiers on every person residing in the United States; six, inducing fear in the minds of all Americans that Government may designate them as “Domestic Terrorists” and commence to hound and harass them; seven, asserting Government control over the operation of the entire electoral process in order to control the outcome of elections; eight, continuing, indefinitely, an open borders policy, allowing a continuous deluge of illegal alien migrants and murderous drug cartel gangs to invade our Country, thereby further disrupting society; nine, creating the conditions for hyper-inflation to proceed, to reduce the mass of America to abject penury; and, ten, curtailing exercise of the right of the people to keep and bear arms so as to preclude the ability of the American people to revolt successfully against the inception of tyranny.Concerning the last item of business, expect to see concerted efforts by the Harris-Biden Administration, to implement executive actions, albeit as a “temporary fix” to restrict the possession of semiautomatic weapons. This is being coordinated with efforts by the Democrat-controlled Congress to shoehorn semiautomatic weapons into the NFA, or, perhaps, to enact new stand-alone legislation, or to enact a ban on possession of semiautomatic firearms through obscure means, by placing a gun ban in some larger omnibus bill.Whatever transpires, the American people should be prepared for a very rocky ride in the months ahead as the economy continues to deteriorate, as social volatility and unrest in society crank up, and as the Second Amendment undergoes an assault in a manner heretofore not seen.____________________________________Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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.

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 Times’ analysis 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.

RELEASE THE MEMO: SENIOR OFFICIALS OF THE DOJ AND FBI HAVE BETRAYED THEIR OWN AGENTS OF THE RANK AND FILE AGENTS AND THEIR OWN ATTORNEYS, AND HAVE BETRAYED THE AMERICAN CITIZENRY

PART SIX

WHOM SHALL WE SAY IS HONORABLE, AND REALLY MEAN IT? WHOM SHALL WE SAY IS HONORABLE AND TRULY MERITS THE APPELLATION OF IT?

Friends, Romans, countrymen, lend me your ears; I come to bury Caesar, not to praise him. The evil that men do lives after them; The good is oft interréd with their bones; So let it be with Caesar. The noble Brutus Hath told you Caesar was ambitious: If it were so, it was a grievous fault, And grievously hath Caesar answer'd it. Here, under leave of Brutus and the rest— For Brutus is an honourable man; So are they all, all honourable men— Come I to speak in Caesar's funeral. He was my friend, faithful and just to me: But Brutus says he was ambitious; And Brutus is an honourable man. He hath brought many captives home to Rome Whose ransoms did the general coffers fill:  Did this in Caesar seem ambitious? When that the poor have cried, Caesar hath wept: Ambition should be made of sterner stuff: Yet Brutus says he was ambitious; And Brutus is an honourable man. You all did see that on the Lupercal I thrice presented him a kingly crown, Which he did thrice refuse: was this ambition? Yet Brutus says he was ambitious; And, sure, he is an honourable man. I speak not to disprove what Brutus spoke, But here I am to speak what I do know. You all did love him once, not without cause: What cause withholds you then, to mourn for him? O judgment! Thou art fled to brutish beasts, And men have lost their reason. Bear with me; My heart is in the coffin there with Caesar, And I must pause till it come back to me.Act III, Scene 2, Julius Caesar, by William Shakespeare

DOJ, FBI OFFICIALS—INCLUDING PETER STRZOK, LISA PAGE, SALLY YATES, ROD ROSENSTEIN, ROBERT MUELLER, ANDREW MCCABE, JAMES COMEY, ANDREW WEISSMAN, JAMES RYBICKI, LORETTA LYNCH, AMONG OTHERS, SOME OF WHOM ARE KNOWN AND MANY OF WHOM REMAIN UNKNOWN, AND DEMOCRATIC PARTY CONGRESSIONAL LEADERS LIKE ADAM SCHIFF, AND DIANNE FEINSTEIN,—HAVE SOUGHT TO RAISE UP A LIKELY SERIAL FELON, HILLARY RODHAM CLINTON, AND HAVING BEEN UNABLE TO DO SO, SEEK EVEN NOW, AUDACIOUSLY, TO BRING LOW THE NATION’S PRESIDENT, DONALD TRUMP, A MAN WHO HAS BEEN ELECTED IN ACCORDANCE WITH THE RULES AND LAWS OF OUR COUNTRY. THESE SENIOR OFFICIALS OF THE DOJ, FBI AND CONGRESSIONAL DEMOCRATIC LEADERS CONTINUE TO BETRAY THIS NATION AND TO BETRAY ITS CONSTITUTION AND TO BETRAY ITS PRESIDENT AND HAVE BETRAYED AND CONTINUE TO BETRAY THE AMERICAN CITIZENRY—BUT, SURELY, THEY DID SO AND CONTINUE TO DO SO FOR GOOD CAUSE AS THEY ARE HONORABLE, ALL OF THEM, HONORABLE MEN AND WOMEN.

Bureaucrats of the Deep State and Congressional Democrats are frightened, and discontented, and are quietly seething with rage. There is no other accurate way to put it. Since Hillary Clinton lost the election, they have been hard at work, attempting to destroy Donald Trump and the Trump Administration--partly as payback for the audacity of Trump to snatch the Presidency from the grasp of Hillary Clinton. The problem for these Congressional Democrats and Bureaucrats of the Deep State is that they must come out of the shadows and demonstrate not only how much they loathe Trump but the extent of their contempt for the American people.Had Hillary Clinton prevailed in the 2016 U.S. Presidential election, as these Bureaucrats of the Deep State and as Congressional Democrats  had hoped, and, indeed, had assumed, the slow dissolution of our Country as an independent sovereign Nation, and the slow undermining of our sacred Bill of Rights would have continued, quietly, surreptitiously, inexorably, unabated. But, because Hillary Clinton lost the election, the betrayers of this Nation must show their hand. They are forced to cover their tracks, and, at one and the same time, they brazenly attempt to undermine the President of the United States, Donald Trump. Even now they are hard at work to warp this Nation into a thing completely alien to it--something completely at odds with the founders vision for it. These Congressional Democrats and Bureaucrats of the Deep State operate seemingly oblivious to the fact that the American electorate has spoken. Clinton has not won the election. Her imperial ambitions are done, finished.The American electorate has had enough of the Clintons and of Obama. It has seen the damage wrought by the Obama Presidency--damage that would not have been redressed but that would have continued into a Clinton Presidency--and the electorate has voted into Office, a man who has a new vision for this Country, a man who seeks to set the Nation on its proper course, a course consistent with the vision that the founders of the Nation, the framers of our Constitution, had desired for this Country.Yet, the betrayers of our Nation will not abide this. Unfortunately, their reach extends well beyond the Bureaucratic institutions of our Government. These betrayers have infiltrated the business, financial and technology sectors of the economy, and they have infiltrated the institution of education and they have infiltrated the entertainment and media industries.The mainstream news media Press continues its rampant, rabid assault against President Trump, all the while claiming disingenuously, that it is simply reporting the “truth.” But, "this truth” to which they ascribe is an amorphous, flexible concept and they use their notion of “truth” to discourage, trouble, and confound the public.And, the Deep State Bureaucrats of the DOJ and FBI and intelligence agencies, for their part, misuse regulatory power, all the while claiming to do so to secure our national security. How it is that senior officials of the FBI would fail to recommend that charges be brought against a likely career felon like Hillary Clinton and how it is that officials of the DOJ would fail to indict this person, doing their damnedest to see to it that she continue her run for President of the United States stretches credulity. Yet, the mainstream media Press assert the integrity of these senior Officials of the DOJ and FBI, and Congressional leaders of the Democratic Party also assert and proclaim the integrity of these senior Officials of the DOJ and FBI. And these men and women, these senior Officials of the DOJ and FBI do, themselves, proclaim their integrity and forthrightness. And, of course  these men and women of indelible integrity, that exude such purity and piety, are honorable, all of them truly honorable men and women.Should the American citizenry doubt this, any of it? And, what of Hillary Clinton? What an abundance of integrity stuffed in the encasement of her body. Did Hillary Clinton commit numerous felonies? Of course not! How do we know. We know this because FBI Officials such as James Comey and Andrew McCabe and Peter Strzok say so. And, we can take them at their word. Because these men, of course, all of them, do exude an abundance of integrity. And they are all, all of them, truly honorable men.And, Robert Mueller? What can we say about him? Robert Mueller is said by his proponents to exude the utmost integrity. Can anyone reasonably doubt that? But, if he had such integrity, would this man—this man of integrity, this honorable man—deign to have reason to investigate the President of the United States? Robert Mueller, this man of integrity, of honor, of rectitude, must think that the President and the President’s Campaign Officials and the President’s Cabinet have engaged in subterfuge with Putin and the dastardly Russians. After all, Russia, the evil empire of Vladimir Putin, is attempting to destroy our Democratic Republic, don’t you know? And, how do we know? We have it on faith. We have it from the words of an honorable man, Adam Schiff and we have it from the words of an honorable woman, Dianne Feinstein—for they are all, both of them truly honorable people. This honorable man and this honorable woman has the best interests of the American people at heart. Who among the American citizenry can reasonably doubt that? Can any American citizen truly doubt that?Look at all that these Congressional Democrats have done for us, and all that they will do for us if Americans would just give them the chance. And, yet, with so many months that have gone by and with so much taxpayer money expended, with so many Federal Governmental resources at his disposal, what has this man, Robert Mueller—this man of integrity, this man of honor—come up with? Nothing! There is not shred of evidence of criminal dealings between Trump Campaign or Administrative Officials and the Russians that can be presented to a Court of competent jurisdiction But, how can this be? There must be evidence of collusion! So, Robert Mueller and his team keep looking, and digging, and expending millions of taxpayer dollars. and utilizing substantial Governmental resources chasing after bugaboos. What a quandary. Robert Mueller and his team must come up with something concrete. And, if, when all is said and done, Robert Mueller and his team come up empty, what then? They will just try to come up with evidence of another crime. Perhaps, they have found it: the amorphous, flexible crime, “obstruction of justice.” That’s it: obstruction of justice! And, if obstruction of justice doesn’t exist, well, then, why not manufacture it?  And, Congressional Democrats give Robert Mueller and his team, their blessing. And, they continue their merry way. The American citizen loses out as the U.S. President continues to be relentlessly attacked and besmirched.

AND NOW WE HAVE THE FEINSTEIN AND SCHIFF LETTER CONTINUING TO PLAY UP THE FICTION OF RUSSIAN MEDDLING AND INTERFERENCE IN THIS COUNTRY’S AFFAIRS, AS IF THE RUSSIANS COULD POSSIBLY HAVE HAD REAL SUCCESS AGAINST US. THAT SAYS VERY LITTLE ABOUT OUR STRENGTH OF WILL, OF OUR FORTITUDE. YET, CONGRESSIONAL DEMOCRATS CONTINUE TO TREAT AVERAGE AMERICANS LIKE FORLORN LITTLE LAMBS, WHO HAVE TO BE CONSTANTLY GUIDED AND OCCASIONALLY CHIDED AS THEY ARE OTHERWISE LIKELY TO GO ASTRAY.

We have an open letter from Dianne Feinstein (S-CA) and Adam Schiff (R-CA), directed to Chairman and Chief Executive Officer of Facebook, Inc., Mark Zuckerberg, and directed to Jack Dorsey, Chief Executive of Twitter, Inc., pleading with these Billionaire to take action against— “the Russians.” And, how is it that this ogre, “the Russians,” are undermining this Country? Feinstein and Schiff claim the Russians are now using “Bots” in a campaign to manipulate public opinion to undermine the Mueller investigation. Senators Feinstein and Schiff exclaim that it is the Russians, and not the American people, who are clamoring for release of the House Intelligence Committee Memo. And, if it is, indeed, the Russians, who are shouting for release of the Memo, then, why should it be released? Obviously, this Nation need not appease the Russians. But, if it were really the American people who seek release of the Memo, then, why not release it? Does not Congress need to appease the American people? Senators Feinstein and Schiff don’t think so, but they can’t say that. It has to be a Russian conspiracy.So, then, the American people are to believe that the bogeyman, this Chimera, the Russians, are behind the attempt to malign Mueller, and Officials of the DOJ and FBI, and that release of the House Intelligence Committee Memo would demonstrably detract from Robert Mueller’s investigation. And, we should believe Dianne Feinstein and Adam Schiff because they are, after all, both of them, honorable people. They seek only what is best for the citizens of this Country and what might that portend, apart from undermining the Trump Presidency. Well, consider: (1) providing amnesty and citizenship to millions of illegal aliens and keeping our Nation’s borders open and porous, as this will ensure a ready influx of ever more illegal aliens and provide a useful conduit for introduction of illegal drugs into this Country, cheap labor, bloated Welfare rolls, and “votes” by their grateful minions; (2) repealing the Second Amendment because firearms are dangerous American citizens cannot be trusted to wield them and therefore should not have access to them; (3) destroying statues and monuments across our Country and rewriting our Nation’s history to better fit a fictional narrative they wish to convey for our Nation; (4) clamping down on freedom of speech, under the First Amendment, to prevent Americans from saying anything that may offend some individuals’ finer sensibilities, notwithstanding U.S. Supreme Court rulings on that very issue; (5) increasing rampant globalization across all business and financial sectors as this will assist in the continued destruction of small business in this Country and undermine American craftsmanship and labor; (6) flooding this Nation with millions of Muslim refugees, as they are incapable of assimilation and their presence here will help create further upheaval in our Nation, assisting in the fracture of the American psyche, which is deemed to be a good thing; (7) subordinating our Constitution and system of laws to international laws and subordinating our Courts to foreign courts and foreign tribunals, as the undermining of our Nation’s laws will allow for a smoother transition of this Nation into a new pan-world Order, controlled by a small cadre of people who know what is best for everyone else; (8) denigrating the concept of ‘citizenship’ because Americans are to be considered “citizens of the world,” not citizens of the United States, which is considered parochial, and nationalistic, which is considered a bad thing; (9) continuing endless wars because war will fill multinational corporate coffers and volatility around the world serves the goals of the trans-nationalist, internationalist globalist "elites." And, under no circumstances should Americans malign senior Officials of the DOJ AND FBI because doing so tends to undercut the cohesiveness of those organizations and causes the American citizenry to doubt the integrity of those organizations. Well, that is the whole point, isn’t it? If the illusion of integrity is shattered, then it is for good cause, as the American people have to put that “house in order.” But, the senior leadership of the DOJ and FBI don’t see it that way. And, now we have, an Assistant Attorney General castigating the House for pushing for release of the House Intelligence Committee Memo to the American people, as reported by the political news website, "the hill":“Assistant Attorney General Stephen Boyd in a letter to the chairman of the House Intelligence Committee, Rep. Devin Nunes (R-Calif.), said the Republican push to release a memo they say reveals political bias at the DOJ AND FBI would be ‘extraordinarily reckless' without a review by those agencies.” Yes, and the DOJ and FBI have always been so forthcoming to Congress. Here’s a news flash for Stephen Boyd: Congress doesn’t work for the FBI or the DOJ or, for that matter, for any other department, agency, or bureau of the Executive Branch of Government; and, so Congress doesn’t answer to the DOJ and FBI or to any other Executive Branch Department, Bureau or Agency. Congress is a co-equal Branch of Government and works for and answers only to the American people. Congress provides—or is supposed to provide—oversight of the DOJ, FBI, and of the myriad and certainly bloated intelligence apparatus of this Nation—not the other way around. And, Congress needs to exercise oversight in light of decades of abuses of these Departments, Bureaus, and Agencies. What has been extraordinarily reckless are the actions of Senior Officials in the DOJ and FBI. And, Stephen Boyd’s letter on its face demonstrates disrespect toward Congress, incredible insolence, and unbridled arrogance. In a word, the letter is ‘insulting.’Contrary to Boyd’s protestations release of the House Intelligence Committee Memo to the American citizenry, is just what this Country needs from the Federal Government--transparency, the thing much mentioned by Congressional leaders and then-President Barack Obama, too, but never embraced. The contents of the Memo are certainly meant to alarm the American citizenry as Americans will immediately be privy to gross and pervasive abuses in the bloated Federal DOJ and FBI—abuses that amount not merely to wrongs that may be ascribed to momentary ethical lapses and poor judgment but, matters that rise to the level of serious crimes against this Nation, against this Nation’s Constitution and laws, and against this Nation’s citizenry. Release of the House Intelligence Committee Memo that Republicans of the House Intelligence Committee prepared simply helps to set matters right. House Republicans simply wish to inform the American public of the fact of rogue elements in the DOJ and FBI that are doing a disservice to this Country, and to this Country's Constitution and laws, and to this Country's citizenry and that these individuals within the Justice Department must be brought to justice themselves. That was certainly the point of the Memo's creation. And, where is the harm in that?  None! There is harm, indeed, if rogue elements in the DOJ and FBI are not brought to justice. It is not surprising that Stephen Boyd would argue against release of the Memo, masking his concern over its release under the cloak of national security, when, what it is he really wishes to do is prevent the American public from seeing evidence of criminal conduct at the top law enforcement organization of the Nation.Nothing is worse than top police officials of the FBI and top attorneys of the DOJ who have besmirched their duty to this Nation, to the Nation’s Constitution and to the American people and who seek to keep their crimes secret. The House Intelligence Committee Memo does not need to be reviewed by and ought not be reviewed by and must not be subject to review by the DOJ and FBI Officials, who, in testimony before Congress, in recent months, have, themselves, for their part, been less than forthcoming and less than forthright.Stephen Boyd shows incredible nerve and audacity in his admonishment to Congress. The letter operates—as it obviously was meant to—as a scurrilous threat to Congress, really—as Boyd obviously wishes to keep the Memorandum away from the eyes of the American citizenry and to bury the Memorandum in the hidden recesses of the FBI.What is evident is that many Congressional Democrats and many senior Officials of the Deep State are about to be found out for what they are: corrupt, vindictive, belligerent, and arrogant functionaries of Government who are all “too full of themselves.” Their arrogance makes them blind to the ludicrousness and audaciousness of their actions. They clearly have nothing but contempt for the American people and that is shown in their actions and recent “letters.” They may see themselves as safeguarding this Nation; and even that may be giving them more credit than they deserve. For, despite their high-minded oratory, they truly care not one whit about the American people. They care only for and about themselves. The goals and aims they have for this Nation do not reflect the will of the American people and are at odds with the Founders’ vision for this Nation. The actions of Congressional Democrats and of these senior Officials of the Deep State ultimately belie their words. They have betrayed this Nation and continue, cavalierly, to do so. They have betrayed this Nation’s Constitution and its laws and believe they can continue to do so, for who will stop them? And they have betrayed the American people, and, even now, show their absolute contempt for the people. And, yet, for all that, they perceive themselves to be honorable, all of them, honorable men and women.’

THERE ARE, IN FACT, MONSTERS IN OUR MIDST; BUT THEY AREN’T THE RUSSIANS.

If there are monsters roaming about in the Land, they aren’t the Russians. They are, unfortunately, all too many Americans in high Office—those occupying leadership positions in Congress and senior leadership positions in the Federal Bureaucracy. These individuals live among us and have insinuated themselves, apparently inextricably, into the deepest recesses of our Nation’s institutions—something the Russians, whom they castigate, could never do and probably would never care to do even if they had the opportunity.Russians and Americans would serve each other better, today, as allies, on many fronts, than as opponents. The Democrats don't see it that way. They are still fighting the Cold War. But, too, these Congressional Democrats and Congressional Centrist Republicans, too, seek to entangle the U.S. into the political horror of the EU. Brussels and the Rothschild clan constitute more of a threat to the continued independence and sovereignty of the United States and more of a threat to the supremacy of our Constitution and laws than anything posed by Russia.These “Americans,” Congressional leaders like Schiff, and Feinstein, Schumer, and Pelosi and the rest of that motley troupe, along with senior Bureaucratic Officials of the DOJ and FBI and their minions seek to thrust their will on the rest of us, as they believe that they know what is in the best interests for all of us. Or, perhaps, they don’t care as they are working for their benefactors, those shadowy, secretive trans-nationalist, internationalist globalist “elites” who have a view of and goal for the World that serves their interests, not those of the American people or, for that matter,  for the interests of the people of any Nation State, either.The Democratic Party leadership and senior Officials in the Federal Bureaucracy seek to thrust their reality on all Americans even as, in so doing, they blatantly trample on our laws, our Constitution, and even as they boldly lie to the American people, claiming, disingenuously, that they support our laws, our Constitution, the “rule of law.” They do not.They and their trans-nationalist, internationalist globalist benefactors are the real monsters as they pose the real and continuous threat to the continued existence of our Country as a Free Republic and as an independent sovereign Nation. They are the real threat to the sanctity of the American soul and psyche and they seek to thwart the American people, viewing them less as citizens and more as servile subjects who are meant to serve them and their interests. They seek a metamorphosis of our Nation and its people; they seek to undercut the sacred rights and liberties the framers of our Bill of Rights etched in stone. They are the betrayers of our Nation and of our heritage, and they intend to defeat the American people.

AND WHAT ARE THE TOOLS OF CONQUEST THAT THESE MONSTERS EMPLOY TODAY? ARE THEY FORCE OF ARMS? OR, ARE THEY, RATHER, HIGH-MINDED POLITICAL RHETORIC COUPLED WITH DECEPTIVE, DECEITFUL ACTION—FLOWERY, POMPOUS WORDS  COUPLED WITH ACTION MEANT TO UNDERCUT OUR LAWS? WHAT THE AMERICAN PEOPLE ARE WITNESSING IS A CAREFUL SCHEME OF DECEPTION THAT CARRIES THE PRETENCE OF ADHERENCE TO THE RULE OF LAW BUT ACTUALLY DENIGRATES AND ENDANGERS IT AND, SO, OPERATES AS A BETRAYAL OF THE AMERICAN PEOPLE. AND, ALL OF THIS CAREFULLY CONCEIVED SCHEME OF BETRAYAL IS ORCHESTRATED IN SECRET BY CALCULATING RUTHLESS INDIVIDUALS, BEHIND CLOSED DOORS, IN THE DARK, AWAY FROM THE EYES AND EARS OF THE ELECTORATE, WHOM THEY PRETEND TO REPRESENT.

“The tools of conquest do not necessarily come with bombs and explosions and fallout. There are weapons that are simply thoughts, attitudes, prejudices – to be found only in the minds of men. For the record, prejudices can kill – and suspicion can destroy – and a thoughtless frightened search for a scapegoat [Martians? Russians?] has a fallout all of its own – for the children – and the children yet unborn. And the pity of it is – that these things cannot be confined – to the Twilight Zone.” Closing remarks of Rod Serling, from the Twilight Zone Episode, “The Monsters are Due on Maple Street.” First Aired, March 4, 1960.

CALL YOUR CONGRESSIONAL REPRESENTATIVE! DEMAND RELEASE OF THE HOUSE INTELLIGENCE COMMITTEE MEMO

The American citizenry should be appalled by the extravagant misuse of Government power and authority. Please contact your House Representative. Demand release of the House Intelligence Committee Memorandum that Representatives Jordan and Gaetz refer to, at once. The phone number is: 202-224-3121.______________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

RELEASE THE MEMO: 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.

RELEASE THE MEMO: MAINSTREAM MEDIA NEWSPAPERS FAIL TO KEEP PUBLIC INFORMED OF THREAT POSED TO THIS COUNTRY FROM WITHIN

PART TWO

WHY AREN'T MAINSTREAM NEWS ORGANIZATIONS COVERING THIS HOTBED MATTER?

MAINSTREAM MEDIA BLACKOUT OF DAMNING HOUSE INTELLIGENCE COMMITTEE MEMO ABETS DOJ/FBI CONSPIRACY TO TAKE DOWN U.S. PRESIDENT

With all the media buzz about the Government shutdown, the more pressing matter, by far, is this: Conspiratorial DOJ and FBI Officials and, perhaps, other high-ranking Obama Administration hold-overs of the Deep State have surreptitiously planned to overthrow Donald Trump. The odd thing is that this silent coup is still unfolding. It is unfolding, like a seemingly radiant—at least as presented to the public by Congressional Democrats—but clearly poisonous and deadly flower—and all of it with the passive, placid consent and connivance of mainstream media news organizations and outlets.The House Intelligence Committee Memo, would, as House Intelligence Committee Republicans make plain, explain clearly the reprehensible, insidious conspiracy afoot, within this Country, to oust Donald Trump from Office.We begin with this: the Fusion GPS Dossier, a work of fiction, concocted by ex-British spy, Christopher Steele, comprising uncorroborated, garbage meant to compromise Donald Trump—commissioned and paid for by Hillary Clinton and the DNC, which she controls, and which she had hoped would assure her victory in the 2016 U.S. Presidential election, and which now serves as the primary force behind Special Counsel Robert Mueller’s investigation of collusion between Trump Campaign Officials and the Russian Government.The Fusion GPS Dossier serves as the predicate basis for Special Counsel, Robert Mueller’s investigation of Donald Trump and his Campaign Officials. This Special Counsel, Robert Mueller, along with other Deep State Conspirators—whose names undoubtedly appear in the House Intelligence Committee Memo—seek, together, to take down Donald Trump. The Fusion GPS Dossier also serves a complementary purpose for these Conspirators. It serves, at one and the same time to draw attention away from Hillary Clinton and other likely criminals who worked for and who would have had jobs in Clinton’s Administration had she prevailed in the 2016 election. Now that she has lost the election, she remains vulnerable to a new investigation of her many criminal actions when she served as Secretary of State in the Obama Administration.Obviously, Hillary Clinton, and the toadies and hangers-on who served her, along with mainstream news media organizations and Congressional Democrats—all of them—are furious that Hillary Clinton lost the election. What does this mean for the Country? Well, apart from the shattering of Clinton’s personal delusions of grandeur, we see, thankfully, an abrupt end to President Barack Obama’s domestic and foreign policy agenda. Hillary Clinton, as with Barack Obama before her, would have taken her cues from the secretive, ruthless, powerful, trans-nationalist, internationalist, globalist “elite” who seek to dismantle this Nation’s Constitution, and who intend to make the U.S. a vassal of a new world order, which the EU gives the American public some intimation of.

WHY DOES CONGRESS ALLOW THE SCAM OF THE MUELLER INVESTIGATION TO CONTINUE?

To date, after several months of “investigation” of collusion between Trump Campaign Officials and the Russian Government, Special Counsel, Robert Mueller, has come up with nothing, because there is nothing. Congressional Democrats, though, want the investigation to continue. In an obvious and blatant attempt to give the Mueller investigation an aura of respectability and to suggest that the Mueller probe constitutes something more than a rip-off to the American taxpayer, Senator Dianne Feinstein (D-California), “released,” ostensibly on her own, according to the liberal news media website, Politico, “the transcript of congressional investigators’ interview in August 2017 with Fusion GPS co-founder Glenn Simpson, whose firm was behind the controversial dossier alleging ties between President Donald Trump and Russians.” Politico provides a link to the transcript. On perusal the transcript is nothing more than a compilation of bald, hearsay assertions that would not be admissible in a Court of law.It is time to end the illegal farce of the Mueller investigation. Further, the American public should demand a renewed—and this time, true and proper—investigation of Hillary Clinton and of those toadies who have aided and abetted her, along with an investigation of the conspirators who orchestrated and who are even now systematically machinating behind the scenes, blatantly, smugly, continuing to carry out their detailed, despicable, diabolical operation to destroy the Trump Presidency and to undermine the will of the people of this Country.In a renewed investigation of Hillary Clinton and her many henchmen, along with an investigation of those responsible for attempting to undermine the Trump Presidency, the Arbalest Quarrel demands that Attorney General Jeff Sessions appoint a new cadre of FBI agents and officials, and a new cadre of DOJ attorneys and officials—uncorrupted Americans, beyond reproach, unconnected with and untainted with the conspiracy to protect Hillary Clinton and unconnected with the conspiracy to destroy the U.S. President Donald Trump—to conduct these investigations.

SO, THEN, WHY AREN’T THE MAINSTREAM NEWSPAPERS REPORTING ON THIS FARCE AND DEMANDING, ON BEHALF OF THE AMERICAN CITIZENRY, A RELEASE OF THE CLASSIFIED HOUSE INTELLIGENCE MEMO THAT LAYS BARE THE INDIVIDUALS IN GOVERNMENT WHO, UNDER COLOR OF LAW, ARE USING THE POWER OF THEIR OFFICE IN THE DOJ AND FBI, AND, POSSIBLY, IN THE CIA AND NSA AS WELL, TO MACHINATE AND CONSPIRE TO DESTROY THE TRUMP PRESIDENCY AND, THEREIN, TO UNDERMINE THE WILL OF THE AMERICAN PEOPLE WHO ELECTED DONALD TRUMP TO SET THIS COUNTRY ARIGHT: STRENGTHENING THIS COUNTRY’S BILL OF RIGHTS; ENSURING THIS NATION'S SYSTEM OF LAWS, THIS NATION'S CONSTITUTION, AND THAT THIS NATION'S JURISPRUDENCE ARE NEVER SUBORDINATED TO THOSE OF ANY OTHER NATION, PERSONS, OR LEGAL ENTITY; ENSURING THAT OUR CORE VALUES REMAIN IN PLACE AND THAT OUR NATION’S HISTORY IS NOT FORGOTTEN; SECURING OUR NATION’S BORDERS; PROTECTING OUR COUNTRY’S SMALL BUSINESSES AND WORKERS FROM THE EFFECTS OF RAMPANT GLOBALIZATION; PROTECTING THE  SANCTITY OF THE INDIVIDUAL; AND KEEPING MEANINGFUL THE CONCEPT OF ‘CITIZEN’ THAT IS IN DANGER OF BEING ERODED AND DEGRADED THROUGH THE VERY EXISTENCE OF MILLIONS OF ILLEGAL ALIENS PRESENT WITHIN OUR BORDERS, ABSURDLY CLAIMING THEY HAVE A "RIGHT" TO REMAIN HERE?

One would think that The mainstream Press would be all over this. It isn’t. The left-wing mainstream New York Times, whose motto is “all the news that’s fit to print,” reports nothing. Of course, The New York Times, debasing the sacred protection afforded the Press, under the First Amendment to the U.S. Constitution allows itself to be used as a tool of—or, more likely, is itself complicit in—the coup attempt to oust a popularly elected U.S. President. So, the NY Times reports nothing.Non-information—a veritable news blackout of critical events—is even more damaging to the maintenance of a free Republic than news distortion—i.e., reporting “fake” news, consisting of disinformation or misinformation, meant to deceive the public and to turn public attention toward trivial or irrelevant matters. Campaigns of deliberate deception, carried out by the Press through non-information, misinformation, and disinformation destroy a news organization’s credibility. To be sure, an astute reader may glean nuggets of truth even from misinformation or disinformation. But a total news blackout--a complete censoring of news--is a different sort of beast, as there is nothing to glean from a void in the news.We would expect news blackouts in Countries ruled by totalitarian regimes, not in Democratic Republics. News blackouts occurring in a Free Republic, such as the U.S., are heinous. The mainstream news media hides behind the First Amendment, claiming to work on behalf of the American people. Not so! They abet conspirators who seek to overthrow a popularly elected leader of our Nation.This is not the first time that a mainstream news organization, namely and specifically, The New York Times, hides news that is definitely fit to print. Indeed, it is the Times' new policy, now etched in stone, to keep their news reporters on a tight leash. The Arbalest Quarrel has recently written about the Times’ new gag order on its own reporters. See our article, titled, The Mainstream Media New York Times Newspaper’s New “Gag Order” Policy Prevents Its Employees From Exercising Their Right Of Free Speech Under The First Amendment To The U.S. Constitution.We guess that no other mainstream newspaper has reported on this apparent diabolical coup attempt—an attempted coup d’état of the Executive Branch of Government that is still unfolding, a matter more dangerous than the Watergate exposé that the Washington Post had written extensively on. Where is the Washington Post now? We see just a smattering of this frightening and provocative news in that news publication. Apparently, neither the Washington Post nor The New York Times, and likely no other mainstream media newspaper considers the overthrow of a legitimate U.S. President—who wishes only to do his job to faithfully execute the laws of this Country in accordance with his Oath of Office and who seeks to strengthen the Bill of Rights—to amount to news that most mainstream media news organizations like The New York Times considers the kind of news that’s fit to bring to the attention of the American citizen.Even conservative leaning Wall Street Journal, too, has nothing to say about the House Intelligence Committee Memo that Republican Congressmen, Matt Gaetz and Jim Jordan first brought to the attention of the American public in the last week’s Hannity broadcast. Gatekeepers of information obviously exist on both the “right” and “left” of the political spectrum. The American public is caught in the middle, deceived from this bastion of Democracy—this Fourth Estate—that claims to be the guardian of American Democracy. Instead, the Press, too, betrays the American people.Why is that? Instead of discussing and investigating a despicable coup attempt of the Executive Branch of Government, these mainstream news media organizations dwell on the illicit Obama created programs, DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans)—illegal schemes hatched by the Obama Administration to place this Nation in the very situation it faces today: what to do with 180,000 illegal aliens, along with their parents; and, for that matter, what to do with millions of other illegal aliens who do not belong here; never should have been here; should have been prevented from entering here; should have been removed from our Country years ago; and, that removal having been suspended, should certainly be removed from our Nation now as their very existence in this Country amounts to a slap-in-the-face of our naturalization laws and threatens the stability of the social, political, economic, legal and cultural fabric of this Nation.

THE ENDGAME OF OUR NATION IS UPON US

If DOJ and FBI conspirators succeed in this horrific coup attempt to upend the Trump Presidency, we will see further erosion of First Amendment free speech rights and the undermining of the Second Amendment. The Mueller investigation is, itself, in its very existence, an illegal and reprehensible attack on the unreasonable searches and seizures clause of the Fourth Amendment that should shock the conscience of all American citizens.In Part three of this multi-series article, we look at plausible federal crimes these DOJ and FBI conspirators can feasibly be charged with—once their names—all of them—are known to the American people. For, these individuals constitute a far greater and graver threat to the well-being of this Country, and to its citizenry, and to its Constitution, than any threat emanating outside this Country. And, in further articles, we will continue discussing this critical matter until justice is meted out to those who have corrupted their Office, who exhibit disdain for our citizenry, who have stained our Constitution, and who threaten the very existence of our Republic.The Arbalest Quarrel calls on Congress to expose to the light of day, the rot that festers within the bowels of the Federal Government bureaucracy. Release the Memo now!Please do your part. Tell Congress to release to the American public the House Intelligence Committee Memo that describes DOJ and FBI FISA Court abuses. The phone number to call is (202) 224-3121. That number will connect you to the U.S. Capitol switchboard. Follow the prompts to connect to U.S. Representatives and to U.S. Senators in your State._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.