COERCIVE BOYCOTTS AGAINST COMPANIES DOING BUSINESS WITH NRA ARE ILLEGAL.

In the wake of the Marjory Stoneman Douglas High School tragedy in Parkland Florida, antigun proponents and activists, in furtherance of their agenda to destroy the Second Amendment, have renewed their attack on guns, gun owners, and on the NRA.This is a three-pronged attack: one, calling on Congress and on the States to enact new repressive gun laws, banning firearms that are in common use; two, demonizing and castigating the oldest civil rights organization in this Country, NRA, which Antigun activists and their fellow travelers in Congress and in the Press disparagingly refer to as the “Gun Lobby;” and, three, attacking companies that do business with the NRA. The demonization of the NRA is particularly detestable as the organization does nothing more than defend a fundamental right, as codified in the Second Amendment to the U.S. Constitution: the right of the people to keep and bear arms. To attack the NRA is to attack the Nation's Bill of Rights. See the Arbalest Quarrel article, "NRA Freedom, Join It!"Antigun groups, bankrolled by billionaire Globalists, who have their own agenda—destruction of the United States as an independent sovereign Nation State along with the dismantling of the Nation’s Bill of Rights—have orchestrated marches and demonstrations to urge State and Federal lawmakers to enact news laws banning semiautomatic weapons. And, as against the NRA, antigun groups have unveiled in recent days another strategy: the boycott. This tactic involves targeting companies that have partnership arrangements with NRA.

WHAT IS A BOYCOTT?

In the traditional sense of ‘boycott’ one may think of workers, picket lines, and of labor unions demanding higher wages for workers to preclude a “walk-out.” If management fails to accede to demands for higher wages, workers refuse to work. The union and management reach a settlement, or one side capitulates. This is a typical example of the “labor boycott."But, boycotts may have a non-labor purpose. “The purpose of these boycotts is to protest some condition and induce action on the part of the targeted parties to correct the condition. The condition protested against may be political, social or economic in nature.” Countless Free-Standing Trees: Non-Labor Boycotts After NAACP v. Claiborne Hardware Co., 71 Ky. L.J. 899, 900 (1983), by Carl Boyd.One sub-set of the non-labor boycott is the “political boycott.” “A ‘political’ boycott is one in which the primary goal of the protesters is to change governmental policy or to secure the enactment of new laws. This term includes anti-discrimination boycotts which are not primarily directed at economic opportunities such as jobs. One major distinction between ‘political’ and ‘economic’ boycotts is that the political boycott is basically secondary, with its primary focus on forcing the boycott target to use its influence to seek governmental change. Many boycotts have involved a political element.” Id. At 900, fn 8.We see this here. When using the tactic of political boycotts, antigun groups do not target NRA directly but, rather, target the companies that do business with NRA.Time.com reports:“Gun-control advocates have had some success pressuring businesses to cut ties with the National Rifle Association in the wake of the deadly Florida high school shooting. But several major companies are still under pressure. Even as businesses like Hertz, Enterprise, United Airlines, and MetLife end their partnerships with the NRA, firms such as FedEx continue offering discount programs for NRA members. And major streaming TV services run by some of the world’s biggest tech companies still give the NRA a platform for its message by showing its channel NRATV, advocates argue.’

ANTIGUN ATTACKS AGAINST COMPANIES THAT HAVE BUSINESS RELATIONSHIPS WITH NRA ARE BOTH MORALLY OUTRAGEOUS AND LEGALLY SUSPECT.

The mainstream media, long in bed with antigun groups, do not bother to inform the public that these boycotts may very well be illegal. “Boycott organizers and participants face two fundamental legal obstacles: 1) to be sustained, the boycott must withstand efforts to enjoin supporting activities, such as picketing; and 2) even if the boycott is successful, boycott organizers might be liable for large damages from tort claims. Both of these concerns are tied to a common issue, the ‘legality’ of the boycott. A finding of illegality may arise from three sources: 1) general tort principles concerned with interference with prospective advantage; 2) state statutes regulating picketing or attempting to limit interference with business activity; or 3) antitrust legislation, especially the Sherman Act. Underlying the legality issue is the fact that these boycotts create a conflict between the public interest in the goals espoused and the property interest of those boycotted, a conflict compounded by the issue of first amendment rights claimed by protesters.” NAACP v. Claiborne Hardware Co. at 902.Antigun groups apparently believe that their actions will invariably withstand legal scrutiny because political boycotts fall within the free Speech Clause of the First Amendment to the U.S. Constitution. But, do they? If antigun groups’ actions against companies that do business with the NRA amount to extortion against companies—namely, “relinquish your association with NRA or face economic ruin”—their use of boycotts then crosses the line into forbidden territory.We need, then, to look at both the motives and the consequences of the actions taken by antigun groups. We do not presume that, because the purpose of a boycott is political or social in nature, such boycott does not amount to illegal tortious conduct under State law or does not amount to an illicit restraint of trade under the Sherman Act. Any use of a boycott to promote a political or social agenda must be scrutinized, carefully, no less so than as with labor boycotts.It is one thing to promote one’s personal political and social views in the public forum. It is quite another to threaten others, in the economic arena—to adopt a group’s private political agenda. Doing so amounts to extortion.“Using a motive test [alone] to determine the legality of a boycott ignores economic effects and may impair competition. . . . A political boycott exemption . . . does not simply permit groups with political grievances of offset the superior economic power of businesses that are on the opposite side of a political dispute. Rather, it favors the welfare of an interest group over the welfare of consumers in the aggregate. . . . Boycotts not only are objectionable on grounds of efficiency, but also deserve less First Amendment protection than other protest activities. While boycotts may contain elements of speech, association, and petition, they also introduce collusive economic pressure into political disputes. A truly effective boycott succeeds not by persuading, but by forcing a choice between political capitulation and economic bankruptcy. The claim that political boycotts are a form of protected speech therefore possesses little merit. The category of protected political speech is broad, but the most vigorous arguments, exhortations, and threats still allow the target more freedom than does direct economic pressure. The former can promise only adverse publicity, embarrassment, or ostracism; the latter holds the victim's very livelihood hostage until he changes his political position. However laudable the goals behind a boycott, courts should not allow a private group to dictate who will have access to the market and on what terms.” A Market Power Test for Noncommercial Boycotts, 93 Yale L.J. 523, 526-527 (January, 1984), by Paul G. Mahoney.Coercing Companies to adopt the antigun agenda is morally objectionable if not illegal; and, where, as here, antigun groups seek to destroy a sacred right codified in the Second Amendment to the U.S. Constitution, such actions of antigun groups are reprehensible. Antigun groups are attempting to promote their agenda and to simultaneously crush dissent by compelling, through threat of economic disaster, compliance with a political agenda that companies may not share.

ANTIGUN GROUPS’ USE OF BOYCOTTS ALSO INFRINGES THE RIGHTS OF CONSUMERS WHO DO NOT SHARE THE ANTIGUN GROUPS’ ANTIPATHY TOWARD FIREARMS AND TOWARD THE SECOND AMENDMENT.

Antigun groups will claim that, through use of boycotts, they are simply exercising their right of free speech under the First Amendment. But, what about the First Amendment rights of NRA members? Don’t their rights deserve protection, too?By forcing companies to discontinue offering discounts to NRA members, antigun groups are illegally and unconscionably seeking to crush dissent—essentially arguing that NRA members’ First Amendment rights of association and expression must be constrained while antigun members’ First Amendment rights are maintained, and given free rein.

CONGRESS CAN AND SHOULD ACT AGAINST ANTIGUN GROUPS THAT COERCE COMPANIES TO ACCEDE TO THE GROUPS' POLITICAL AGENDA.

“Congressional regulation of ‘political’ boycotts is similarly justified as a protection of the political process itself. Congress regularly applies restraints to political activities to ensure fairness. It has, for example, passed laws controlling the conduct of election campaigns, forbidding intimidation or coercion of voters, and prohibiting lying before government officials. Regulation of political protest to prevent economic coercion seems equally valid—and necessary to protect the integrity of the legislative process.” A Market Power Test for Noncommercial Boycotts, at 533.

ALERT: CONTACT YOUR REPUBLICAN REPRESENTATIVES IN CONGRESS NOW!

Tell Congress to enact laws to prevent antigun groups from coercing and threatening retaliatory action against companies that do not adopt the groups’ political views.PHONE: U.S. Senate: (202) 224-3121;PHONE: U.S. House of Representatives: (202) 225-3121______________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE PARKLAND, FLORIDA HIGH SCHOOL TRAGEDY MAKES THE CASE FOR ARMED SELF-DEFENSE.

In the wake of the Marjory Stoneman Douglas High School tragedy, the mainstream Press, echoing the sentiments of antigun activists and antigun legislators, focused the public’s attention on two subjects: guns and mental illness. Antigun activists argue that guns and mental illness are both intractable. Mix the two like a cocktail and you have a recipe for disaster. That, as maintained by antigun activists, accurately explains the cause of the mass shooting incident at the Parkland, Florida High School. But does it?In an editorial, appearing in The New York Times on February 24, 2018, titled, “I Can’t Stop Mass Shooters,” by Amy Barnhorst, Associate Clinical Professor of Psychiatry at the University of California, Davis, admitted the conundrum. The author writes, “Each mass shooting reignites a debate about what causes this type of violence and how it can be prevented. Those who oppose further restrictions on gun ownership often set their sights on the mental health care system. Shouldn’t psychiatrists be able to identify as dangerous someone like Nikolas Cruz. . . ? And can’t we just stop unstable young men like him from buying firearms? It’s much harder than it sounds.”The author has no answer other than the perfunctory, putting “some distance between these young men and their guns.” But, would that prevent mass violence? Clearly, it would not even if this seems plausible to some. Signs of mental illness in a person do not automatically mean a person has violent tendencies. Conversely, those individuals who not fall within one or more listed categories in the latest version of the “Diagnostic and Statistical Manual of Mental Disorders” (“DSM-5”)—the Psychiatrist’s Bible—may have violent tendencies.

FROM AN EMPIRICAL STANDPOINT, DISPOSSESSING CIVILIANS OF THEIR GUNS WILL DO NOTHING TO CIRCUMVENT VIOLENT CRIME.

“The reality is that mass shootings are very rare and that neither mental illness nor mass shootings are a significant cause of gun violence. Individuals with a serious mental illness only account for approximately 4 percent of all violent crime in the United States, the majority of which is not committed with a firearm. Furthermore, individuals having no history of mental illness committed a number of these mass shootings. With mental illness representing such a small fraction of gun violence, gun-control efforts focused solely on the mentally ill are ‘unlikely to significantly reduce overall rates of gun violence in the United States.’” “The New York Safe Act: A Thoughtful Approach To Gun Control, Or A Politically Expedient Response To The Public's Fear Of The Mentally Ill?”, 88 S. Cal. L. Rev. 16, 43-44 (2015), by Matthew Gamsin, J.D. Candidate, 2015, University of Southern California Gould School of Law.Despite this evidence, antigun activists nonetheless vehemently call for general bans on the sale of semiautomatic “assault weapons” and are specifically targeting those individuals deemed to have mental illness, which may very well raise due process and equal protection issues for millions of Americans. Were these steps taken, violence would still ensue. Consider:“On April 15, 2013, two homemade bombs detonated 12 seconds and 210 yards (190 m) apart at 2:49 p.m., near the finish line of the annual Boston Marathon, killing three people and injuring several hundred others, including 16 who lost limbs.  On April 18, the Federal Bureau of Investigation (FBI) released images of two suspects, who were later identified as Kyrgyz-American brothers Dzhokhar Tsarnaev and Tamerlan Tsarnaev.” “The Oklahoma City bombing was a domestic terrorist truck bombing on the Alfred P. Murrah Federal Building in downtown Oklahoma City, Oklahoma, United States on April 19, 1995. Perpetrated by Timothy McVeigh and Terry Nichols, the bombing killed 168 people, injured more than 680 others, and destroyed one-third of the building.” “Eight people were killed and almost a dozen injured when a 29-year-old man in a rented pickup truck drove down a busy bicycle path near the World Trade Center Tuesday in Manhattan, New York City. The suspect was identified by two law enforcement sources familiar with the investigation as Sayfullo Habibullaevic Saipov. He's from Uzbekistan in Central Asia but had been living in the US since 2010, sources said.” Whether these killers were mentally ill in a clinical sense or “normal,” they did not need a firearm to create havoc.Of course, antigun activists and their cheerleaders in the mainstream Press and in Congress argue that civilized Countries place restrictions on civilian access to guns and that doing so would constrain a killer’s access to one lethal instrumentality. Still, antigun activists must contend with the legal ramifications of attempting to curtail civilian access to firearms in a Country where the citizenry's rights and liberties, codified in a Bill of Rights, cannot be so easily dismissed.

INDISCRIMINATELY DISPOSSESSING THE CIVILIAN POPULATION OF THEIR GUNS WOULD NOT HOLD UP TO LEGAL SCRUTINY.

THE U.S. SUPREME COURT, IN THE LANDMARK SECOND AMENDMENT HELLER CASE, HELD THAT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT, IS AN INDIVIDUAL RIGHT, NOT CONNECTED TO SERVICE IN A MILITIA. FURTHER, THE SECOND AMENDMENT RIGHT EMBODIES  ARMED SELF-DEFENSE. AND FROM A PRAGMATIC PERSPECTIVE, CIVILIAN DEFENSE OF ARMS IS PRESSING BECAUSE, CONTRARY TO POPULAR BELIEF, THE POLICE ARE NOT LEGALLY REQUIRED TO SAFEGUARD THE LIVES OF INDIVIDUALS. THAT RESPONSIBILITY RESTS ON EACH PERSON.

Antigun activists retort that nothing in the Second Amendment guarantees the right of an American citizen to own and possess an “assault weapon.” But, is that true?First, the concept of ‘assault weapon’ is a legal fiction that encompasses a wide range of weaponry. On examination it becomes clear that antigun proponents and activists are not merely targeting some semiautomatic weapons; they are targeting all semiautomatic weapons. The legal issue is whether semiautomatic weapons in common use—which include firearms defined as 'assault weapons'—fall within the core of Second Amendment protection. The U.S. Supreme Court has not weighed in on this. But, that does not mean Government, State or Federal, may presume semiautomatic weapons, especially those firearms referred to as “assault weapons,” do not fall within the core of the Second Amendment.Second, a corollary to the basic, unfettered, natural right codified in the Second Amendment is that American citizens have a right to possess a firearm for self-defense. Antigun activists argue that armed self-defense is unnecessary because it is the duty of the police to safeguard the lives and well-being of the citizenry. But do police departments, as government entities, really have that duty? They do not!“No inquiry is more central to constitutional jurisprudence than the effort to delineate the duties of government. The courts' approach to this complex subject has been dominated by reliance on a simple distinction between affirmative and negative responsibilities. Government is held solely to what courts characterize as a negative obligation: to refrain from acts that deprive citizens of protected rights. Obligations that courts conceive to be affirmative—duties to act, to provide, or to protect—are not enforceable constitutional rights. “The Negative Constitution, A Critique,” 88 Mich. L. Rev. 2271 (August 1990) by Susan Bandes, Professor of Law, DePaul University College of law.The safeguarding of one's life is then a personal responsibility, not a police responsibility. Broward County residents, especially those high school students of Marjory Stoneman Douglas, should have learned that lesson well. Many, obviously, have not as they--at the behest of their silent benefactors and choreographers of their political strategies, the antigun groups--act against their own best interests. They lash out at NRA, the very organization that serves them by protecting their sacred right of armed self-defense; and they call for civilian disarmament leaving them worse off. The duty of the Police is merely to safeguard, in some nebulous sense, the well-being of a community as a whole, not the lives of the individuals who live in it. But, then, since Government has no affirmative duty to provide armed protection for each citizen, Government cannot, in good faith, deny the citizen the natural right of armed defense owed to one's self. If the public is to take away anything from the recent Parkland, Florida tragedy, it is this:The Broward County Sheriff’s Department and the first responders from the Coral Springs Police Department did an abysmal job. By the time the Coral Springs Police SWAT team arrived, it was too late. Lives had been lost. An investigation unfolds, but it means nothing; for, whatever the outcome, police departments do not have and never did have an affirmative duty to protect individuals within a community. They are immune from suit. This is not supposition. It is law.“Thus . . . a claim that police officers failed to protect a particular individual from injury by nongovernmental actors is generally not cognizable; a successful claim would require sufficient prior contacts between police and the individual to indicate a specific undertaking or promise by the police to provide protection and detrimental reliance by the individual. Absent such facts, there is generally no liability for failure to enforce laws and regulations intended to benefit the community as a whole, failure to provide police or fire protection, or failure to inspect." Affirmative Duties, Systemic Harms, and the Due Process Clause, 94 Mich. L. Rev. 982, 999-1000 (February, 1996), by Barbara E. Armacost, Professor of Law, University of Virginia.The first and last line of adequate defense both inside the home and outside it is, as it always was, as the framers of our Constitution knew full well and as they provided for: armed self-defense.

ALERT: CONTACT YOUR REPUBLICAN CONGRESSIONAL REPRESENTATIVES NOW.

Call your U.S. Senators and U.S. Representatives.  Tell them this: “if you want my support, then vote for national handgun carry reciprocity now.”PHONE U.S. SENATE: (202) 224-3121;PHONE U.S. HOUSE OF REPRESENTATIVES: (202) 225-3121______________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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

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

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

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

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

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

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

NRA IS THE PREMIER CIVIL RIGHTS ORGANIZATION.

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

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

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

ALERT: CONTACT YOUR REPUBLICAN CONGRESSIONAL REPRESENTATIVES NOW.

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

IT’S TIME FOR NATIONAL HANDGUN CARRY RECIPROCITY TO SECURE THE CITIZEN’S RIGHT OF ARMED SELF-DEFENSE, THROUGHOUT THE COUNTRY.

The “Concealed Carry Reciprocity Act of 2017” (115 H.R. 38) amends the federal criminal code to allow a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows individuals to carry concealed firearms.Representative Richard Hudson (R-NC), introduced the bill on January 3, 2017. The bill passed the House by Roll Call Vote of 231-198, on December 6, 2017. It was sent to the Senate one day later, where it was read twice and then referred to the Senate Judiciary Committee. President Trump supports it. The NRA supports it. And, rank and file law enforcement officers support it too. But, there has been to date no further action on it. The bill sits in limbo. Its prospect of passage is, at present, low. Why is that?What is the U.S. Senate waiting for?Every day that goes by innocent lives are lost and crimes that could be avoided go undeterred because of restrictive gun laws. Although States like California, New York, and New Jersey have enacted laws allowing for issuance of concealed carry licenses (CCWs), in practice it is extremely difficult for most law-abiding citizens—and virtually impossible for many law-abiding citizens—who reside in any one of those States, or in other States with similar restrictive gun laws, to obtain a CCW. And none of those States recognizes a valid CCW issued in any other State.Having access to a firearm does save innocent lives. There are countless stories of law-abiding citizens who would have been seriously injured or who would have lost their lives if they did not have access to a firearm. U.S. Marine Corps veteran, Alexander Borrego, serves as a recent example of a man who, being armed, was able to thwart an attack on his life and that of his family. But, the lack of a national handgun carry reciprocity law means that lawful use of a handgun for self-defense is subject to severe jurisdictional constraints.It is not uncommon for an otherwise law-abiding citizen, who holds a valid CCW from one State, to face arrest, indictment on misdemeanor or felony charges, and incarceration if convicted, for having carried a handgun into another State that does not recognize that citizen’s CCW.Many American citizens have suffered calamity as a result. There are many examples. Elizabeth Anne Enderli, a decorated military veteran, and holder of a valid CCW from Texas, was arrested for unlawful possession of a handgun when she carried her handgun into New York. Brian Fletcher, a volunteer emergency electrical storm repairman and holder of a valid CCW from North Carolina, was arrested for unlawful possession of a handgun when he carried his handgun into New Jersey. And, Shaneen Allen, a single mother of two, and holder of a valid CCW from Pennsylvania, was arrested for unlawful handgun possession when she, too, carried her handgun into New Jersey. Law-abiding citizens who hold a valid CCW from their home State should not be restricted to their use of a handgun for self-defense only to their home State, but, they often are; and the personal costs are dire when a citizen steps foot into a jurisdiction that does not recognize the validity of that citizen’s CCW. But, why should this be?The right of the people to keep and bear arms for self-defense is embodied in the Second Amendment, as made clear in the landmark U.S. Supreme Court Heller case. The Heller case also held that defensive arms is an individual right, not connected to one’s service in a militia. Yet, antigun proponents are reluctant to recognize the Heller rulings. They blithely disregard Heller, urging Americans to forfeit the right the founders of our Nation saw reason to sanctify in the Bill of Rights of the U.S. Constitution.Antigun proponents argue that carrying a handgun for self-defense is a threat to public safety. Public safety is a common trope that antigun proponents appeal to when defending illegal gun laws such as the New York’s Safe Act and Maryland’s Firearm Safety Act—sets of restrictive firearms’ laws that are inherently incompatible with the Second Amendment. But, that doesn’t stop antigun proponents from promoting them and promoting even more outrageous schemes.One self-described antigun extremist, Marc Jampole, political blogger, exclaims, in his article, “Gun Control Leads to a Civil Society”: “rights change over time. . . . Often we give up one set of rights to gain another one, or some people gain rights at the expense of others. . . . At this point in time, only extremists (like me) want to outlaw private ownership of guns. What mainstream organizations and elected officials are asking for is to restrict the absolute right to own and carry a gun—for the safety of society.”So, the safety and well-being of the individual is to be sacrificed for the presumed safety of an amorphous society?Dan Pfeiffer, a former aide to Barack Obama, contributor to CNN and antigun proponent, writes in his article, titled, “What to Bring to a Gun Fight," “The Democratic gun control strategy fails because it is defined by this poverty of ambition—the determination never to look beyond fear of political repercussions. . . . We are nibbling around the edges instead of proposing bold, meaningful solutions such as: . . . A national gun buyback program [actually, national gun confiscation] similar to the one Australia instituted after a mass shooting that killed 35 people.”What Pfeiffer fails to mention in his article is that Australia does not recognize a right of self-defense with a firearm. Antigun proponents such as Pfeiffer and Jampole hold views that are decidedly contrary to those of the founders of our Republic and with most Americans. Their views are inconsistent with our Constitution and with U.S. Supreme Court holdings, but that doesn’t seem to concern them. Their singular objective is to disarm the civilian population of our Country—under the pretext of safeguarding it—regardless of the strictures of our Constitution, of our jurisprudence, of our system of laws, and of the landmark U.S. Supreme Court Second Amendment Heller and McDonald cases.Antigun proponents attack the natural right to keep and bear arms for self-defense. With the active and avid assistance of the mainstream media, antigun proponents confound the American public. They use distorted facts, biased reporting, pretentious and dubious moralizing, fallacious reasoning, and empty, deceptive rhetoric.Antigun proponents seek to convince the public that it is in the public’s interest to forfeit the Second Amendment. Indeed, Brett Stephens, Op-Ed columnist for The New York Times, audaciously argues for repeal of the Second Amendment, outright. Brett Stephens apparently believes that repeal of the Second Amendment and a general ban on civilian ownership and possession of firearms would better serve society. But, would it?The eradication of guns in the hands of the civilian population would entail the elimination of individual autonomy, the repudiation of individual responsibility, the destruction of individual rights and liberties; and, far from safeguarding life, a general ban on civilian ownership and possession of firearms would endanger the life, safety and well-being of Americans. Antigun proponents perceive the loss of these things as necessary to promote a safe and ordered society. But, their notion of a safe and ordered society is a controlled society.It is loss of Government control over the public that antigun proponents are most concerned about. So, talk of promoting the health, safety, and well-being of society through gun confiscation is mere dissembling. Antigun proponents don't care one whit about the health, safety, and well-being of individual citizens who comprise that society. They speak in terms of promoting the welfare of society as a whole even as the lives of individuals within that society suffer through implementation of their antigun schemes. Maximizing utility for an shapeless mass isn't what the Founders had in mind. It is the well-being of the individual citizen in a Free Republic that is sacrosanct and inviolate, not the well-being of a societal collective. The natural right of armed self-defense, embodied in the Second Amendment, makes that point abundantly clear.Antigun proponents must not dissuade us from advancing our goal to strengthen the Second Amendment. Our goal is at odds with their goal of mass gun confiscation to effectuate Government control of the citizenry. That is why we must see enactment of a national concealed handgun carry reciprocity law now. The matter is certainly timely, and President Trump would sign such a bill into law were it to cross his desk. So, then, what are Republicans waiting for? Why are they stalling?The fundamental right of self-defense, and our Constitutionally codified right of defense of arms has saved innocent lives and will continue to save innocent lives. We cannot tolerate  and must not tolerate further Congressional inaction. We must meet the current wave of mainstream Press sentiment and antigun proponent efforts to defeat the individual right of armed self-defense, head-on.Contact your Senator. The phone number to call is: (202) 225-3121. Tell your Senator you want his or her vote on national handgun carry reciprocity now!______________________________________________Copyright © 2018 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.

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

PART EIGHT

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

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

PART SEVEN

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

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

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: ADAM SCHIFF AND OTHER CONGRESSIONAL DEMOCRATS DARE ARGUE AGAINST GOVERNMENT TRANSPARENCY, DEMONSTRATING THEIR BRAZEN CONTEMPT FOR THE AMERICAN PEOPLE

PART FIVE

ADAM SCHIFF AND OTHER CONGRESSIONAL DEMOCRATS DO NOT TRUST AND NEVER WILL TRUST AMERICANS WITH THE TRUTH. WHY IS THAT? IS IT BECAUSE THESE CONGRESSIONAL DEMOCRATS DO IN FACT BELIEVE THAT AMERICANS ARE INCAPABLE OF HANDLING THE TRUTH, OR IS IT, RATHER, THAT THESE CONGRESSIONAL DEMOCRATS KNOW FULL WELL THAT AMERICANS ARE QUITE CAPABLE OF HANDLING THE TRUTH? CLEARLY, ADAM SCHIFF AND OTHER CONGRESSIONAL DEMOCRATS KNOW FULL WELL THAT, ONCE AMERICANS KNOW HOW THESE CONGRESSIONAL DEMOCRATS, AND THEIR FRIENDS IN AND OF THE BUREAUCRATIC DEEP STATE, HAVE BETRAYED THIS NATION AND HAVE BETRAYED THE AMERICAN CITIZENRY, THEY  WILL BE EXPOSED FOR THE DEFILERS THEY ARE. THEY KNOW THAT THEIR BETRAYAL WILL NOT SIT WELL WITH THE AMERICAN PEOPLE. THEY KNOW, AS WELL THEY SHOULD, THAT THEY WILL BE CALLED ON THE CARPET FOR THEIR MANY BETRAYALS, ALONG WITH THE SENIOR OFFICIALS OF THE DEEP STATE WHOM THEY HAVE, IN THE PAST, IMPROPERLY SHIELDED, AND WHOM, EVEN NOW, WITH ALL THE MOUNTING EVIDENCE OF SERIOUS CRIMINAL WRONGDOING THAT HAS COME TO LIGHT, THEY CONTINUE MINDLESSLY, IRRESPONSIBLY, BLATANTLY, AND REPREHENSIBLY TO SHIELD.

Jessep: You want answers? Kaffee (Tom Cruise): I think I'm entitled to them. Jessep: [Again] You want answers? Kaffee: I want the truth! Jessep: You can't handle the truth! Son, we live in a world that has walls. And those walls have to be guarded by men with guns. Who's gonna do it? You? You, Lt. Weinberg? I have a greater responsibility than you can possibly fathom. You weep for Santiago and you curse the Marines. You have that luxury. You have the luxury of not knowing what I know: that Santiago's death, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives . . . You don't want the truth. Because deep down, in places you don't talk about at parties, you want me on that wall. You need me on that wall. We use words like honor, code, loyalty . . . we use these words as the backbone to a life spent defending something. You use 'em as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom I provide, then questions the manner in which I provide it! I'd rather you just said thank you and went on your way. Otherwise, I suggest you pick up a weapon and stand a post. Either way, I don't give a damn what you think you're entitled to! Kaffee: Did you order the code red? Jessep: (quietly) I did the job you sent me to do. Kaffee: [Again, persistently] Did you order the code red? Jessep: You're goddamn right I did!!From the 1992 legal drama film, “A Few Good Men,” written by Aaron Sorkin“I want to believe the path you threw out for consideration in [Deputy Director Andrew McCabe’s] office—that there’s no way [Trump] gets elected—but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40. . . . ” Incriminating text message from Peter Strzok, demoted FBI counterintelligence agent, to fellow FBI lawyer and Strzok’s mistress and “secret society” member, Lisa Page. Is Strzok’s illegal “Insurance Policy” not unlike Jessop’s illegal “Code Red”?

CONGRESSIONAL DEMOCRATS’ CONTEMPTUOUS DISREGARD FOR THE AMERICAN PEOPLE IS ON AMPLE DISPLAY THROUGH THEIR ATTEMPT TO PRECLUDE THE CITIZENRY’S ACCESS TO THE HOUSE INTELLIGENCE COMMITTEE MEMORANDUM, SETTING FORTH THE BLATANT BETRAYAL OF FEDERAL GOVERNMENT OFFICIALS OF THE DEEP STATE.

Adam Schiff, D-CA, ranking Congressional Democratic member on the House Intelligence Committee has spoken out, constantly and vociferously, against release of the House Intelligence Committee FISA Memorandum that, reportedly, according to House Republicans who viewed the Memo, illustrates clear evidence of abuses arising to the level of federal crimes, committed by senior Officials of the DOJ and FBI. Schiff has been complaining ever since he learned that House Republicans wish to release the Memo to the American people. One would think that, in a Free Republic, the American people should—indeed must—be made aware of violations by their servants—those individuals who serve in the Federal Government, ostensibly on behalf of the people. Why then the display of such vehement reticence on the part of Congressman Schiff? What is Congressman Schiff afraid of?

WHY DOES CONGRESSMAN ADAM SCHIFF ARGUE AGAINST RELEASE OF THE HOUSE INTELLIGENCE COMMITTEE MEMORANDUM?

One website, the Gateway Pundit, posted an exchange between Schiff and a news anchor for CNN, Ana Cabrera, that took place on January 21, 2018. Congressman Schiff’s comments set forth his obvious contempt for the American people—a contempt positively established through the Congressman’s desire to keep critical information on criminal conduct on the part of Senior Officials of the top law enforcement institutions of our Nation, the Department of Justice (DOJ) and, the Federal Bureau of Investigation (FBI), within the Department of Justice—a contempt of the American people that is echoed by Congressional Democrats generally and by the mainstream news media particularly.“Cabrera: ‘Let me ask you about the Russia investigation. I can’t have you here and not. Especially given how much we talked about it in the first year of the presidency. And now if you turn on any conservative media, they keep talking about this Nunez memo, the chairman of the house intelligence committee, that he’s put out there and many Republicans have taken a look at it and they want it made public. Can you tell us what exactly is it?’Schiff: ‘It is essentially a set of talking points that the Republican Intel staff drafted. Based on the highly classified materials which most of the Republican members were forced to acknowledge. They’ve not even read. So they don’t know how distorted these talking points are. But as part of the narrative they want to push out. Interestingly enough, they’ve made common cause once again with Russian bots because Russian bots are pushing their narrative out there. It’s in a redux of the campaign. We have Assange and Wikileaks and Russian trolls and bots saying, you know, hash tag whatever the GOP narrative is. That ought to tell you a lot about what’s driving this. And that is – [statement not completed, interrupted by question by Cabrera]’Cabrera: ‘Why not allow peel to look at it and let Americans make the decision for themselves about whether it’s useful information or not?’ Schiff: ‘Well, because the American people unfortunately don’t have the underlying materials and therefore they can’t see how distorted and misleading this document is. The Republicans are not saying make the underlying materials available to the public. They just want to make this spin available to the public. I think that spin, which is a [sic] attack on the FBI, is just designed to attack the FBI and Bob Mueller to circle the wagons for the White House. And that’s a terrible disservice to the people, hard working people at the bureau, but more than that, it’s a disservice to the country.’In other words, Schiff believes [as rightfully inferred by the Gateway Pundit] Americans are too stupid to understand the memo.” Of course, whatever underlying materials Schiff refers to cannot themselves be released to the public because they, too, are classified, and might engender evidence of tools counterintelligence agents of the FBI employ. Since we presume that the “underlying materials" Schiff refers to cannot be released to the public and, as those materials, according to Schiff, would serve to place the House Intelligence Committee Memo in proper context, as Schiff argues, it then follows that, according to Schiff, nothing should be released to the public. How convenient!The confounding, disturbing, and mystifying thing about Schiff, and about all Congressional Democrats for that matter, is that Schiff and other Congressional Democrats forever claim, albeit speciously and sanctimoniously, the moral high ground, be it on matters touching upon the Free Speech and Freedom of the Press clauses of the First Amendment; the right of the people to keep and bear arms, codified in the Second Amendment; the cruel and unusual punishments clause set forth in the Eighth Amendment; the right to be free from unreasonable searches and seizures that falls under the Fourth Amendment of the Bill of Rights of the U.S. Constitution; or immigration and other naturalization matters which fall exclusively within the province of Congress, as set forth in Article I, Section 8, Clause 4, of the U.S. Constitution.The fact of the matter is that Schiff, and his fellow travelers in the Democratic Party, exemplify in their statements and in their actions, a profound mistrust and distrust of, and disfavor toward, the American citizenry even as they pretend to care deeply for the American citizenry’s well-being. Taking Schiff at his word, the American people are expected to have faith in the DOJ and FBI even as mounting evidence supports a finding that senior Officials within those powerful institutions of Government have been operating outside of and in abject defiance of the United States Constitution. Yet, when Americans rightfully rebuke these Officials and demand an accounting for their unethical and clearly illegal behavior, we see apologists, like Adam Schiff and the mainstream media that operates as nothing more than a propagandistic echo chamber for Congressional Democrats and for the internationalist, trans-nationalist globalist “elites” who seek to destroy this Country and its Constitution, to subsume it in a greater pan-internationalist world order.Adam Schiff obviously takes his cue from other Democrats and propagandists working for them to create arguments that on a superficial level seem sound, but, beneath the surface, are specious and demonstrate a profound distrust of Americans. Schiff refers to the House Intelligence Committee Memo as nothing more than political “spin.” Shouldn’t Americans have a go at it and determine for themselves whether the Memo is mere “spin” or whether the contents of the memo are amply demonstrative of something deeper and profoundly serious—namely, deliberate, exhaustive intensive and extensive misuse of Governmental power to undermine the will of the American people through an orchestrated frontal assault on the U.S. President, predicated on the personal outrage of some senior officials in the DOJ and FBI and in other Departments, Bureaus, and Agencies of Government that Donald Trump became President of the United States, rather than Hillary Clinton?The actions of these senior Officials go well beyond the usual imbecilic nonsense portrayed ad nauseum in the mainstream Press and on liberal talk radio and on liberal cable news programs like CNN, MSNBC, ABC, CBS, PBS, and BBC that Trump is, simply, not Presidential; that he does not demonstrate, according to armchair psychiatrists, mental stability; that he is a racist, and a xenophobe. No! What these senior Officials truly find really upsetting is that Donald Trump has set a new course for America, one that is aimed at preserving and strengthening the very idea of the import and purport of the Nation State; one that emphasizes strengthening the national economy to serve Americans, first, rather than the interests of the globalist community; one that emphasizes preservation of traditional core values; one that seeks to preserve our history; one that seeks to strengthen the Bill of Rights; one that seeks to control the Nation's borders; one that seeks to win wars, not simply to continue them endlessly and aimlessly; one that seeks to preserve the core religious Christian foundation of our Country; one that emphasizes the idea that Americans, as citizens of the United States, are, then, citizens of an independent sovereign Nation not to be subservient to any other Nation, groups of Nations, or subservient to some sort of global corporate/financial new world order. Americans are not serfs; they are not cogs in a wheel; they are not “citizens” of the world, and do not care to be. Our Constitution is supreme; and our Nation's laws are not to be subordinated to international law or to international pacts and treaties or to the laws of any other Nation, or to the laws of the EU.Senior Officials of the DOJ and FBI conspired behind the scenes to make certain that Hillary Clinton would be able to continue her bid for the U.S. Presidency, when she should have been charged for serious breaches of federal law against this Nation and its people. Once she lost her bid for U.S. Presidency, these same individuals sought, through the creation of a sham investigation of Trump and his Campaign Officials, to destroy his Presidency. And, the sham continues, unabated. This conspiracy to denounce Trump and to take down his Presidency is as cutthroat and illegal and no less an attack on our national security than it would be were the conspirators within the DOJ and FBI working for foreign, enemy sponsors. Indeed, they are likely working foreign sponsors: ruthless, powerful, inordinately wealthy international, trans-national globalists who see, in the election of Trump, a wrench thrown in their goals of a world ruled dominated by and ruled by them.When Americans denounce senior Officials in the DOJ and FBI, this is not to be construed as denouncing the rank and file of those institutions, even as Adam Schiff and other Congressional Democrats and their sounding board in the mainstream media wrongly presume and calculatedly assert. It is just a straw man argument. For Americans generally, and Congressional Republicans, particularly, to justifiably denounce senior Officials in the DOJ and FBI, such as Strzok, Page, Rosenstein, McCabe, Comey, Mueller, and others, is not to attack, and does not logically entail an attack on, the rank and file members of the DOJ and FBI who may, for their part, be just as outraged as the American people at the conduct of many of their superiors

DOES THE CIVIL RIGHTS ACT HAVE APPLICATION TO THE ILLEGAL ACTIONS OF SENIOR DOJ AND FBI OFFICIALS?

It is time to expand the import of federal civil rights laws so that senior Officials of the Federal Government can be charged for engaging in illegal activity through the cover of the power of their Office—that is to say, “under color of law”—to undermine the will of the people and who betray their oath of Office. These federal Officials, as with State Officials, who, under color of law violate the sacred trust the public has placed in them should suffer the full wrath of federal law for their act of betrayal. The Civil Rights Statute, 42 U.S.C.S. § 1983 (Deprivation of Rights) sets forth:"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”There is no reason why the Civil Rights Statute that traditionally applies to provide a cause of action by individuals against State officials, who, under color of law, deny the rights of particular protected classes of people, should not apply to Federal Officials who, under color of law, deprive the citizenry of this Country of their rights under the Constitution, generally and broadly, by attacking the very institutions of this Country upon which the Nation depends for its very survival as an independent sovereign Nation. We see now evidence of Senior Federal Officials betraying their Oath of Office by undermining the Chief Executive of our Nation, under whose wing, they fall. These senior Officials of the DOJ and FBI have, through their actions, deprived the entire  citizenry of this Nation to rights secured to them under the Constitution generally, and under the Bill of Rights specifically. The criminal actions of these Officials of the DOJ and FBI constitute the supreme criminal evil, depriving citizens of their rights, under color of law, endangering this Nation's national security through their attack on the Chief Executive of this Nation whom the citizenry depends upon to implement policies consistent with the promises made to the people who voted for him. Even among those Americans who did not vote for Donald Trump, their rights too have been undermined; for Government officials have an obligation to perform their duties consistent with the law. They are not permitted to subvert the law to attack the President of the United States simply because they happen to disagree with the policies of the Chief Executive. They are not permitted to use the power of their Office to circumvent the will of the President and the desire of the American people. These Officials have no such lawful Article II authority to undermine the authority of the President of the United States. That precisely is what Robert Mueller is attempting to do, under color of law. He has no such lawful authority. Likely, the House Intelligence Committee Memorandum makes that point patently clear.“The substantive change has been a joint venture of Congress and the courts. Congress took the lead with legislation prohibiting discrimination because of race, sex, national origin, disability, age, and other characteristics in employment, public accommodations, housing, and institutions receiving federal funds. Congress and the courts together have made such statutes privately enforceable, recognizing the public benefit of private litigation. The Court itself ushered in the era of serious constitutional litigation when it resuscitated 42 U.S.C. § 1983, a long-moribund provision of the Reconstruction Era, and turned it into a meaningful and powerful vehicle for enforcing federal constitutional rights. The Court expansively interpreted the statutory requirement of action ‘under color’ of state law so the Constitution would reach misconduct by all public officials acting randomly and individually even if in violation of state law—officials who misuse power through conduct made possible only because the official was ‘clothed with the authority’ of state law. The Court also recognized that otherwise private entities may be subject to constitutional liability for engaging in forms of joint action with government. And the Court alone created constitutional damages litigation against federal officers when it recognized an implied right of action in the Bill of Rights itself.” “Symposium: Pondering Iqbal: Iqbal, Procedural Mismatches, And Civil Rights Litigation,” by Howard M. Wasserman, Professor of Law, FIU College of Law, 14 Lewis and Clark L. Rev. 157 Spring, 2010. The article continues:“. . . public-law litigation is often less about discrete individual unlawful acts on the ground (although such acts certainly must have occurred), than about the content and enforcement of government policy and violations of rights caused by that policy through individual acts of enforcement. Policy causes harm over a longer period of time and to a potentially larger number of people. Constitutional litigation targets not only actors on the ground, but also supervisory officers and government entities who enact policy and guide officers in their enforcement. This is of a piece with the general evolution of substantive law away from precise rules into more complex general standards and principles, which has reduced the overall utility of pleading.” Id.The actions of Senior DOJ and FBI officials, including, Strzok, Page, Rosenstein, Comey, and Mueller, and undoubtedly others, operates as illegal Government policy that has existed since at least as long as Hillary Clinton’s Presidential campaign and is manifest in the very existence of Special Counsel Robert Mueller's misbegotten investigation—which, in that very existence, demonstrably violates the specific rights of individuals connected with Trump's Presidential campaign or Administration and, in illegally attacking individuals connected with Trump's Campaign or Administration, operates as a violation of the rights of citizens who elected Trump and, indeed, operates as a violation of the rights of all American citizens as it denigrates the rule of law upon which this Nation is grounded. Mueller's investigation should not be allowed to continue.Congressman Schiff is correct on one score. The House Intelligence Committee Memorandum does in fact attack the very heart of the Mueller investigation. But, as well it should. For, if the contents of the Memo are correct, then the Mueller investigation must end, for its existence is tantamount to criminal policy operating in the false guise of lawful exercise of authority. It is no such thing. It is disgraceful; illegal, and logically incoherent. It must come to an end and Mueller and his team and other Senior Officials must be charged with crimes against this Nation, against this Nation’s Constitution, against this Nation’s laws, and against this Nation’s people. The true extent of the criminality of Mueller's investigation will obviously be immediately evident to the American people and cause the American people to demand that the rot of Government be excised. This is what Adam Schiff and other Congressional Democrats fear, and they are right to be afraid. For, they must answer to the American people as well.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: CAN A CHARGE OF TREASON BE BROUGHT TO BEAR AGAINST DOJ AND FBI OFFICIALS WHO HAVE MISUSED THE POWER AND AUTHORITY OF THEIR OFFICE TO UNDERMINE THE PRESIDENT OF THE UNITED STATES?

PART FOUR

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

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

• REFUSAL OF THE FBI TO RECOMMEND INDICTMENT AND THE REFUSAL OF THE DOJ TO INDICT HILLARY CLINTON ON MULTIPLE COUNTS OF MULTIPLE FELONIES, EVEN THOUGH THERE EXISTS AMPLE EVIDENCE OF CRIME, INCLUDING THE MISHANDLING OF CLASSIFIED DATA, BRIBERY, DESTRUCTION OF DOCUMENTS, LYING TO FEDERAL OFFICIALS, MONEY LAUNDERING, RACETEERING, OBSTRUCTION OF JUSTICE, AND PUBLIC CORRUPTION AMONG MANY OTHERS, SO THAT A LIKELY CRIMINAL MAY CONTINUE HER BID FOR PRESIDENT OF THE UNITED STATES; AND, HAD SHE WON THE ELECTION, THIS WOULD HAVE RESULTED IN A LIKELY SERIAL FELON OCCUPYING THE HIGHEST OFFICE IN THE LAND, ENABLING A THOROUGHLY DISREPUTABLE INDIVIDUAL, ALONG WITH HER HENCHMEN TO TAKE THIS NATION DOWN TO UTTER AND IRRETRIEVABLE RUINATION;

• CONDUCTING A CLANDESTINE OPERATION AGAINST THE REPUBLICAN PARTY CANDIDATE FOR U.S. PRESIDENT, DONALD TRUMP, TO UNFAIRLY, AND UNETHICALLY, ASSIST A LIKELY SERIAL FELON, HILLARY CLINTON, IN HER BID FOR U.S. PRESIDENT;

• IN FAILING TO INDICT HILLARY CLINTON ON MULTIPLE COUNTS OF MULTIPLE FEDERAL FELONIES, SENIOR FBI AND DOJ OFFICIALS ENABLED HILLARY CLINTON, A RUTHLESS, CUNNING, UNETHICAL, DISREPUTABLE INDIVIDUAL AND LIKELY SERIAL FELON, TO MISUSE THE MACHINERY OF THE DNC TO UNDERCUT THE U.S. PRESIDENTIAL BID OF ANOTHER DEMOCRATIC PARTY HOPEFUL, BERNIE SANDERS; AND, AFTER, HILLARY CLINTON SECURED THE DEMOCRATIC PARTY NOMINATION FOR U.S. PRESIDENT THROUGH TREACHERY, SHE COMPOUNDED HER IGNOBLE CONDUCT AND MISDEEDS BY ORCHESTRATING OPPOSITION RESEARCH SCHEMES TO OBTAIN FALSE AND SCANDALOUS INFORMATION AGAINST HER REPUBLICAN PARTY OPPONENT, DONALD TRUMP, IN AN UNETHICAL ATTEMPT TO ENHANCE HER CHANCES TO PREVAIL AGAINST HER OPPONENT;

• CLINTON LOST, BUT, ONCE, TRUMP PREVAILED IN THE 2016 U.S. PRESIDENTIAL ELECTION, SENIOR OFFICIALS OF THE FBI AND DOJ PRESENTED FALSE DOCUMENTS TO THE FISA COURT IN ORDER TO SECURE, ILLEGALLY, A WARRANT TO INVESTIGATE TRUMP CAMPAIGN OFFICIALS;

• THESE SENIOR FBI AND DOJ OFFICIALS SET IN MOTION THE MACHINERY FOR APPOINTMENT OF SPECIAL COUNSEL, UNDER FALSE PRETENSES, TO INVESTIGATE FALSE CLAIMS OF RUSSIAN COLLUSION WITH TRUMP CAMPAIGN OFFICIALS, ALL IN AN EFFORT TO UNDERMINE THE TRUMP PRESIDENCY, WHEN THERE EXISTS NO TENABLE BASIS TO SUPPORT SUCH INVESTIGATION.

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

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

Before we attempt an answer to this question, let us step back for a moment, and take a closer look at two principal defilers of our Nation. One of them is Peter Strzok, a staunch supporter and defender of Hillary Clinton, who once served as Chief of the Counterespionage Section of the FBI, and who is still working for the FBI but has been demoted. Peter Strzok was a principal player in the investigation into Hillary Clinton’s criminal activities, pertaining to her mishandling of classified information during her tenure as Secretary of State in the Obama Administration. The Arbalest Quarrel has written extensively about this and about other crimes that Hillary Clinton likely committed during her tenure as Secretary of State and since then.  See, for example, the article titled, “Pay to Play: The Clinton Foundation’s Open Secret and Silent Purpose.”Strzok was also a member of Special Counsel, Robert Mueller’s team, ostensibly investigating collusion between Trump campaign officials and the Russian Government, until Mueller was forced to remove him—almost certainly, reluctantly—once evidence of Strzok’s strong bias against Trump came to light, after publication of a series of ominous text messages between Strzok and Strzok’s mistress, Lisa Page. Lisa Page is, for her part, a principal defiler of our Nation, as well. Lisa Page is an FBI attorney, whose animus against Trump is as strong as Strzok’s. The two of them exchanged text messages referring to a “secret society,” apparently composed of high ranking officials in the DOJ and FBI who had conspired to spare Hillary Clinton from felony indictments so that she could continue her bid for U.S. President in the 2016 election.Having lost the election to Trump, the betrayers of our Nation, Strzok and Page and other senior Officials of the DOJ and FBI, conspired to destroy the Trump Presidency.On January 23, 2018, Fox News reported,"Two top FBI officials under fire for exchanging anti-Trump text messages during the 2016 election spoke of a “secret society” the day after President Trump's victory, according to two lawmakers with knowledge of the messages.Peter Strzok—a top counterintelligence official involved in both the Hillary Clinton email probe and FBI Special Counsel Robert Mueller’s Russia probe—exchanged more than 50,000 messages with senior FBI lawyer Lisa Page, with whom he was romantically involved.House Oversight and Government Reform Committee Chairman Trey Gowdy, R-S.C., and Rep. John Ratcliffe, R-Texas, said Monday that among the messages the pair exchanged are references to a ‘secret society’ within the Department of Justice and the FBI.‘We learned today about information that in the immediate aftermath of [Trump’s] election, that there may have been a secret society of folks within the Department of Justice and the FBI—to include Page and Strzok—that would be working against him,’ Ratcliffe said Monday on Fox News’ ‘The Story with Martha MacCallum.’”Further, in a New York Post article, posted on the same date, the American public learns that:“. . . each day brings credible reports suggesting there is a massive scandal involving the top ranks of America’s premier law enforcement agency. The reports, which feature talk among agents of a “secret society” and suddenly missing text messages, point to the existence both of a cabal dedicated to defeating Donald Trump in 2016 and of a plan to let Hillary Clinton skate free in the classified email probe. If either one is true — and I believe both probably are — it would mean FBI leaders betrayed the nation by abusing their powers in a bid to pick the president.More support for this view involves the FBI’s use of the Russian dossier on Trump that was paid for by the Clinton campaign and the Democratic National Committee. It is almost certain that the FBI used the dossier to get FISA court warrants to spy on Trump associates, meaning it used the opposition research of the party in power to convince a court to let it spy on the candidate of the other party — likely without telling the court of the dossier’s political link.Even worse, there is growing reason to believe someone in President Barack Obama’s administration turned over classified information about Trump to the Clinton campaign.” Congressional Democrats are craven apologists for these individuals, in the DOJ and FBI who have misused the power and authority of their Office to promote their own political biases. It is one thing to hold political viewpoints. That is, of course, every citizen’s right. Under 5 USCS § 7321, “It is the policy of the Congress that employees should be encouraged to exercise fully, freely, and without fear of penalty or reprisal, and to the extent not expressly prohibited by law, their right to participate or to refrain from participating in the political processes of the Nation.” But, under 5 USCS § 7323, the so-called “Hatch Act”: “Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not—use his official authority or influence for the purpose of interfering with or affecting the result of an election.” This is precisely what Senior FBI and DOJ officials did when they used their influence to assist Hillary Clinton in her U.S Presidential; bid. They violated the Hatch Act. But, having failed on that score, they went further, much further, as they sought and even now seek to undermine—and more—to destroy the Trump Presidency. There are many serious national security crimes, apart from treason. A few of them fall into the broad categories of espionage, sabotage, sedition, terrorism, rebellion or insurrection, and advocating overthrow of the Government. When we look at the specific legal elements of each of these horrific crimes against this Nation, we see that none of the actions of Strzok and Page, and other senior officials in the DOJ and the FBI—that at the moment have come to light—serious as they are, constitute the most damning crimes of all, namely, national security crimes falling into the aforementioned categories.Senior Officials of the DOJ and FBI clearly misused the power of their Office to enable a likely criminal, Hillary Clinton, to run for President of the United States when she should, instead, have faced indictment on serious felony charges.  Once they failed to seat Hillary Clinton in the Oval Office, these senior Officials have continued to misuse the power of their Office to undermine the President. It is clear that national security violations are taking place. Consider: Had Hillary Clinton won the election, we would see, for the first time in our Nation’s history, a person elected to the highest Office in the Land who had likely committed federal felonies—many of them, and, as U.S. President, she would not only have continued to conceal her felonies, she would have continued to commit them. All of this treachery would have remained hidden, buried, if Hillary Clinton had won the 2016 general election for U.S. President.Having failed to seat Hillary Clinton in the Oval Office, these same betrayers of our Nation are still machinating—this time to undermine the Trump Presidency. Yet, there is no national security crime, codified in Statute, into which the actions of these betrayers of the Nation can be charged. But, there should be.It is deeply troubling that senior officials can so blithely skirt the law, undermining the Office of the U.S. President as clearly and as effectively as would be the case were these individuals actually working for a foreign sponsor.We therefore call on Congress to take a renewed look at our National Security crimes and consider enacting a new Statute or set of Statutes that would allow for indictment, in the future, of those individuals, who, like Strzok, and Page and others, have committed serious national security breaches, tantamount to treason, for having misused their powerful positions in Government to undermine the Office of the President of the United States, grounded on the ludicrous notion that they, alone, know what is best for this Nation, and therefore dare to thwart the will, of the people, and do so, insidiously, surreptitiously, cavalierly, audaciously, under cover of darkness.The American citizenry should be appalled. Please contact your House Representative. Demand release of the House Intelligence Committee Memorandum that Representatives Jordan and Gaetz refer to, at once. The phone number is: 202-224-3121._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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.

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

PART ONE

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

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

WESTCHESTER COUNTY EXECUTIVE GEORGE LATIMER’S ORDER, BANNING PUBLIC GUN SHOWS, LIKELY VIOLATES FIRST AND SECOND AMENDMENT RIGHTS.

CAN A STATE OR ANY JURISDICTION WITHIN A STATE BAN PUBLIC GUN SHOWS OUTRIGHT, WITHOUT ILLEGALY TRAMPLING THE FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS?

“And, now, come to this spot Where the spotlight is hot And you’ll see in the spotlight A Juggling Jott Who can juggle some stuff You might think he could not. . . Such as twenty-two question marks, Which is a lot. Also forty-four commas And, also, one dot! That’s the kind of Circus McGurkus I’ve got!” ~ From the Children’s Book, “If I Ran the Circus," by Dr. Seuss (published by Random House 1956) 

We see with disturbing regularity, Governments, be they the federal Government, a State Government, or Government of a County, township, or municipality, blindly, indiscriminately, with stunning alacrity, and feverish abandon, enacting laws, codes, regulations, ordinances, or, as in the case, recently, in the County of Westchester, in the State of New York, an Executive Order that negatively impacts substantive, fundamental Constitutional Rights. Those in power, like the Westchester County Executive, George Latimer, seek, in the fiefdom, they "rule," a fanciful, but nightmarish world, a personal circus, that mirrors a conception of reality acceptable to them--a conception of reality consistent with their personal philosophy and ethical system but one at once inconsistent with the blueprint for a free Republic that the founders of our Nation designed and established for the American people, and one inconsistent with the rights and liberties that the framers of our Bill of Rights insisted on as a critical component of the Nation's Constitution, as a safeguard against the very actions that people such as George Latimer take. People, like the present Westchester County Executive, filled with their own smug certainty of what is right and proper, would dare to force the ordinary citizens, who reside in their domain of power, to live in the "circus" they create, compelled to obey and abide by the law they lay down, irrespective of natural law, codified as sacred rights and liberties comprising our Bill of Rights--rights existent intrinsically in each American citizen, as placed in each American soul, by the hand of the Divine Creator, that no man, acting as a demigod, may rationally and lawfully counteract or nullify.

WESTCHESTER COUNTY EXECUTIVE GEORGE LATIMER OVERTURNS THE ORDER OF HIS PREDECESSOR, ROB ASTORINO.

On January 2, 2018, George Latimer, a Democrat, took the oath of Office in his White Plains, New York Office, as the new County Executive of Westchester County, and wasted no time to attack the Second Amendment to the U.S. Constitution. “On his second day as Westchester County Executive, George Latimer delivered on a promise from in [sic] his campaign, and signed an Executive Order prohibiting the sale of guns on Westchester County property.” What precipitated this Executive Order? Apparently, George Latimer sought to reimpose on the American public that resides in Westchester County an earlier ban on public gun shows ordered by a prior Westchester County Executive, Andrew J. Spano, that had been lifted by George Latimer's immediate predecessor, Rob Astorino. As explained, further, on the Westchester Government website,“In 1999, gun shows were banned at the Westchester County Center by former County Executive Andrew J. Spano [a Democrat] in the wake of the mass shooting at Columbine High School in Colorado. That prohibition was later revoked by Latimer’s immediate predecessor [Rob Astorino, a Republican].‘Westchester County government should not be in the business of advancing the sale of weapons and other items often sold at gun shows – plain and simple,’ said Latimer. ‘This is not a restriction on gun shows in the entire county, but rather just on public land.’Text from the Executive Order states that 'WHEREAS, recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth. Gun shows are not what taxpayer financed property should be used for.'"Several websites dryly report this event; several with approval, some not.The seesawing of actions, up and down, back and forth—where one Westchester County Executive bans public guns shows, another County Executive lifts the ban, and a third County Executive reimposes the public gun show ban—reflects a clash of philosophies pertaining to import and purport of the Second Amendment, and to the First Amendment to the U.S. Constitution as well, played out on a small scale. How this clash of philosophies ultimately pans out, when fought out on the broad national scale, in Congress and in the U.S. Supreme Court, though, will have, for the American citizenry, vast implications and ramifications, for good or ill, for generations of Americans to come.

THE INDEFATIGABLE OBSTINANCE OF THOSE FORCES THAT DENIGRATE AND REFUSE TO TOLERATE THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS KNOWS NO BOUNDS.

George Latimer's Executive Order, banning public gun shows in Westchester County, represents the latest effort of antigun forces to place obstacles in the path of those American citizens who, as Latimer and his fellow travelers see it, have the audacity to exercise the natural and fundamental right of the people to keep and bear arms that the framers codified in the Bill of Rights of the U.S. Constitution. The framers, for their part, with clarity of foresight, provided to them with guidance from Divine Providence, saw abundant need for this sacred right to be codified in the Bill of Rights. The framers of the Bill of Rights, the founders of our free Republic, knew full well that nothing but force of arms serves to check tyranny and nothing but force of arms best protects the life, well-being, and sanctity of the individual. Thus, as Latimer and his cohorts in the antigun conspiracy take exception with those American citizens who wish merely to exercise, unimpeded, the right to own and possess firearms for their protection and to safeguard the continued existence of a free Republic, George Latimer and his antigun cohorts must also take exception with the framers of the Bill of Rights, for it is they, who made clear enough, beyond the power of anyone to ignore, that the right of the people to keep and bear arms does exist, that the right is sacred and indelible, and that this right, more than any other, defines our Nation and defines what it means to be an American citizen.

GEORGE LATIMER LAYS OUT FOR THE MAINSTREAM NEWS MEDIA PRESS THE PREDICATE BASIS FOR HIS EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS IN WESTCHESTER COUNTY, SIGNALING HIS VEHEMENT DISAPPROVAL OF FIREARMS AND HIS STRONG DISAPPROVAL OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION.

Where George Latimer’s sympathies lie on matters pertaining to the right of the people to keep and bear arms, one can readily ascertain. Talking to the Press, Latimer resorts to use of simplistic, superficial, banal political oratory, eschewing erudite, logical discourse—treating the public with condescension and contempt, as politicians customarily and most sadly do—punctuating his well-rehearsed talking points with the confident self-assurance and moral certitude of a televangelist delivering a weekly sermon to his TV audience. “Latimer said Tuesday that gun shows do not represent the family values reflected in the other events held at the county facilities. The ban is not a restriction on gun shows in the entire county, but just on public land, he said. ‘The County Center hosts basketball, Westchester Knicks play there in the developmental league, we have had the Harlem Globetrotters come in for performances, we have a bridal show coming up, we have a model train show that normally comes into the arena, we have job fairs and high school graduations and concerts, all very friendly family fare,’ he said.”The County Executive, George Latimer, also proclaims: “I believe the majority of the Board of Legislators, and myself as executive, believe very strongly that this is the wrong venue for a gun show. . . .” Well, who would dare oppose George Latimer; for, after all, as stated in County Code: “The County Executive shall be the chief executive and administrative officer of the county and the official head of the county government.” Westchester County Code of Ordinances, Part I, Charter, Article 110, County Executive.

COUNTY EXECUTIVE GEORGE LATIMER’S BAN ON PUBLIC GUN SHOWS IN WESTCHESTER COUNTY SIGNALS HIS SUPPORT OF GOVERNOR ANDREW CUOMO’S ANTAGONISTIC ATTITUDE TOWARD GUNS AND THE GOVERNOR'S ANTAGONISTIC ATTITUDE TOWARD THE EXERCISE OF THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT TO THE U.S. CONSTITUTION.

As George Latimer, County Executive, sets his imprimatur on the County level, one would do well to recall Governor Andrew Cuomo’s own actions, negatively infringing the Second Amendment right of the people to keep and bear arms, on the State level. After all, it was Governor Cuomo who signed into law, on January 15, 2013, and who exclaims with visible pride, enactment of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY Safe Act), one of the most restrictive and draconian set of firearms laws ever to be enacted in the United States—and a direct and clear repudiation of and affront to the fundamental right, codified in the Second Amendment to the U.S. Constitution. Other anti-Second Amendment Governors have used the NY Safe Act as a model for enactment of their own restrictive firearms laws. And, on the national stage, U.S. Senator Dianne Feinstein had envisioned and had hopes of engineering similar NY Safe Act legislation for the entire Nation—a direct and cold and calculated and audacious challenge to any American citizen who might wish to exercise his or her fundamental right to keep and bear arms. Fortunately, she did not succeed in that endeavor. But, like a true fanatic, she employs indefatigable resolve, constantly introducing anti-Second Amendment bills in the U.S. Senate, and forever scheming behind closed doors.Antigun Politicians like Governor Andrew Cuomo and Westchester County Executive, George Latimer, and Senator Dianne Feinstein know they can always rely on the mainstream news media to trumpet, with great fanfare, their antigun message.

THE MAINSTREAM NEWS MEDIA “PRESS” SERVES IS OWN ENDS, AND THOSE OF ITS BENEFACTORS—THE WEALTHY, POWERFUL, RUTHLESS INTERNATIONALIST, TRANS-NATIONALIST GLOBAL “ELITE” THAT IT OBSEQUIOUSLY SERVES—TO DENIGRATE, INCESSANTLY, UNCEASINGLY, THE FUNDAMENTAL RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE BILL OF RIGHTS.

Arguably, one of the most unforgiveable actions of the ‘mainstream news media’—where the expression, ‘mainstream news media,’ is generally equated with the term, 'Press,' as the word, ‘Press,’ appears prominently in the First Amendment of the Bill of Rights of the U.S. Constitution —is that the Press, id est, “this mainstream news media Press,” fails to defend the fundamental right of the people to keep and bear arms, as codified in the Second Amendment. That is bad enough. Worse, the mainstream news media Press caustically, audaciously, and emphatically attacks those who defend the right codified in the Second Amendment. This mainstream news media Press, scurrilously abets the actions of those governmental leaders, who, with the power they wield through the Legislative Office they hold, do their utmost to undermine, rather than defend the right.Mainstream news media organization newspaper publishers like The New York Times, Chicago Tribune, Washington Post, The Guardian, and USA Today, and mainstream news media broadcast outlets like ABC, MSNBC, CBS, CNN, PBS, and BBC all provide a quick and ready and willing forum for those Congressional and State legislators and for those antigun proponents and antigun provocateurs and for those obstreperous left-wing agitators that allows them to malign those American citizens who hold to traditional American values and who seek to exercise their fundamental right to keep and bear arms. With customary malicious and malevolent bravado, and self-assured smugness, these mainstream news media newspapers and other mainstream media news organizations and their affiliates denigrate the Second Amendment and denigrate those who support it and denigrate those who support the framers' conception of the other Nine Amendments as well. Through their commentary and  Op-Eds, and through their news reporting, too--where mainstream media news coverage is seen less as hard, so-called "straight" news and more as editorial slants posing as news stories--these mainstream media news organizations deliberately and disingenuously concoct a central theme, a story-line, a story narrative, that, day-by-day, builds upon the story of the day before, not unlike what one sees when reading a work of fiction,that, chapter by chapter, builds sequentially on what came before, to a pre-ordained conclusion that the author mandates in the template for the work of fiction that the author creates.This same mainstream news media Press malevolently assails, with sanctimonious conviction and obvious glee, anyone who might dare challenge its pronouncements; for, the Press quickly reminds the American public that freedom of the Press is, after all, a fundamental right, even as that same Press insists that the right of the people to keep and bear arms isn’t. The irony in the claim—selectively and vehemently defending one fundamental right while viciously attacking another—is, apparently, lost on those who work for the mainstream news media Press, even if that irony isn’t lost on any other American.So, it should not be surprising that some Governmental leaders operate with characteristic aplomb and abandon to enact laws and take actions that undercut the right of the people to keep and bear arms as they have a powerful ally in the mainstream news media Press on their side. George Latimer evidently knows he has the backing of this mainstream news media Press, and with this Press on his side, he acts with impunity. Together, with a compliant County Government he leads, he obviously feels confident that his bold, legally dubious Executive Order, banning public gun shows, will go essentially unchallenged. For, who would dare confront him?Well, the Arbalest Quarrel does challenge Westchester County Executive George Latimer’s Order, banning public gun shows in Westchester County. And, we do proclaim loudly, assertively and confidently: Meaningful, compelling, deserving and discerning bases exist, in law, to challenge County Executive George Latimer’s Executive Order, on that portion of the Executive Order we have seen, as posted on the County Government website.Why do we say this? We have the weight of legal authority on our side.

COUNTY EXECUTIVE GEORGE LATIMER’S ACTION, BANNING PUBLIC SHOWS IN WESTCHESTER COUNTY IS LIKELY UNLAWFUL, AND A COGENT LEGAL BASIS EXISTS FOR CHALLENGING THE EXECUTIVE ORDER IN COURT.

Granted, the Arbalest Quarrel hasn’t had an opportunity to review the full text of George Latimer’s Executive Order. The reason is that the full text of the Executive Order has not been published on the Westchester County website. In time, perhaps, the full text of the Executive Order will be posted on the County Government website. There is, apparently, more to it.But, what we do see, from that portion of the Executive Order that has been published, namely that “recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth [because] Gun shows are not what taxpayer financed property should be used for,” says enough for purpose of challenging the lawfulness of the Order. For, consistent with and supportive of George Latimer’s sentiments about firearms and about gun shows, as expressed to the mainstream news media Press, along with the language of the Executive Order itself, we conclude the language of the Order, as buttressed by the Westchester County Executive’s statements to the mainstream news media Press, demonstrate not only the County Executive’s open and visceral abhorrence of firearms, and not only his distaste for the right of the people to keep and bear arms as codified in the Second Amendment to the U.S. Constitution, and not only his contempt for American citizens who wish to exercise that right, but constitute, too, unconscionable violations of the freedom of speech clause of the First Amendment to the U.S Constitution.That portion of the Westchester County Executive Order we have read, be it coupled with the Westchester County Executive’s statements to mainstream media newspapers and broadcast outlets, or not, amounts to an open admission of violation of the freedom of speech clause of the First Amendment.The Arbalest Quarrel will provide an in-depth analysis in a future article. Suffice it to say, here, that George Latimer’s Executive Order, through its very language, contravenes United States Supreme Court law.In critical part, the U.S. Supreme Court stated, in the 1994 case, Turner Broadcasting System vs. FCC, 512 U.S. 622; 114 S. Ct. 2445; 129 L. Ed. 2d 497; 1994 U.S. LEXIS 4831; 62 U.S.L.W. 4647: “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal. See Leathers v. Medlock, 499 U.S. at 449 (citing Cohen v. California, 403 U.S. 15, 24, 29 L. Ed. 2d 284, 91 S. Ct. 1780 (1971));West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 638, 640-642, 87 L. Ed. 1628, 63 S. Ct. 1178 (1943). Government action that stifles speech on account of its message, or that requires the utterance of a particular message favored by the Government, contravenes this essential right. Laws of this sort pose the inherent risk that the Government seeks not to advance a legitimate regulatory goal, but to suppress unpopular ideas or information or manipulate the public debate through coercion rather than persuasion. These restrictions ‘raise the specter that the Government may effectively drive certain ideas or viewpoints from the marketplace.’ Simon & Schuster, Inc. v. Members of the New York State Crime Victims Bd., 502 U.S. 105, 116, 116 L. Ed. 2d 476, 112 S. Ct. 501 (1991). For these reasons, the First Amendment, subject only to narrow and well-understood exceptions, does not countenance governmental control over the content of messages expressed by private individuals. R. A. V. v. St. Paul, 505 U.S. 377, 393, 120 L. Ed. 2d 305, 112 S. Ct. 2538 (1992); Texas v. Johnson, 491 U.S. 397,  414, 105 L. Ed. 2d 342, 109 S. Ct. 2533 (1989). Our precedents thus apply the most exacting scrutiny to regulations that suppress, disadvantage, or impose differential burdens upon speech because of its content. See Simon & Schuster, 502 U.S. at; id., at (KENNEDY, J., concurring in judgment); Perry Education Assn. v. Perry Local Educators' Assn., 460 U.S. 37, 45, 74 L. Ed. 2d 794, 103 S. Ct. 948 (1983). Laws that compel speakers to utter or distribute speech bearing a particular message are subject to the same rigorous scrutiny. See Riley v. National Federation for Blind of N.C., Inc., 487 U.S. at 798; West Virginia Bd. of Ed. v. Barnette, supra. In contrast, regulations that are unrelated to the content of speech are subject to an intermediate level of scrutiny, see Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293, 82 L. Ed. 2d 221, 104 S. Ct. 3065 (1984), because in most cases they pose a less substantial risk of excising certain ideas or viewpoints from the public dialogue.” Let’s deconstruct a portion of this high Court opinion: “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal.” There is a marked tension between the words of the U.S. Supreme Court and the words expressed in Westchester County Executive’s Order; for the language of the Executive Order stands in clear, categorical defiance to the well-reasoned opinion of the high Court in Turner. Again, the specific language of the Westchester County Executive Order of George Latimer reads: “WHEREAS, recreational County facilities always serve our residents best when used for sporting events, concerts, trade shows, and educational opportunities for our youth [because] Gun shows are not what taxpayer financed property should be used for [emphasis our own].” This is a presumptuous, arrogant assertion. Latimer predicates this Executive Order on, and attempts to support an unlawful and despicable Governmental act on, false moral piety. It is a ruse; no less so, if George Latimer truly believes that his Executive Order is justified because, in his mind, he has generated it from a sense of superior moral conviction, and sees it as an act of beneficence toward the residents of Westchester rather than, for what it really is, an act of defiance toward the supreme authority, establishing, in no uncertain words, the fundamental rights and liberties etched in stone in the Bill of Rights. Yet, Latimer's Executive Order, banning public gun shows in Westchester County, is nothing less than illegal gag order on free expression, posing as a righteous moral edict. For George Latimer is doing no less than thrusting his personal beliefs into the public sphere concerning what he sees, or what he would like to see, as the appropriate use of public County land and what he perceives as not constituting appropriate use of public land. Latimer obviously detests  guns, and he obviously abhors a citizen's exercise of the Second Amendment right to keep and bear arms. By banning public gun shows, George Latimer uses his Office to make manifest in law, to actualize in Westchester County, his personal opinions and pompous high-minded moral judgments of what he deems to constitute appropriate behavior and what he signals as inappropriate behavior, informing residents of Westchester County, in no uncertain terms, as to what constitutes appropriate behavior in the County and what does not. Obviously, for George Latimer, those who wish to promote and hold public gun shows and those who wish to attend public gun shows are both engaging in inappropriate, immoral or amoral behavior, and he has signaled his clear disapproval of that behavior through the Executive Order he has issued on the matter. Undoubtedly, we will see more such Executive Orders emanating from his Office in White Plains, New York.George Latimer takes upon himself the role of guardian of public morality, and he has, through issuance of his Executive Order, given himself, albeit tacitly, the title of High Priest of Moral Order and Rectitude. It is George Latimer who determines what behavior is worthy of free speech protection under the First Amendment and what speech is not worthy of such protection, in Westchester County. Through his actions George Latimer demonstrates the height of arrogance and presumption. He uses a heavy hand to constrain the right of free speech that Westchester County residents might, one would think, reasonably expect is theirs to enjoy, as such right is codified in the First Amendment; and he uses a heavy hand to constrain, as well, the right of the people to keep and bear arms, as codified in the Second Amendment--another fundamental right that Westchester County  residents might, one would think, also reasonably expect is theirs to enjoy. Not so, according to George Latimer. But, the Courts may think differently. Latimer's Executive Order is not likely to stand up to rigorous legal scrutiny. For, contrary to George Latimer’s assertions as manifested in his actions, the Bill of Rights doesn’t stop at the border of Westchester County. Moreover, that the County Executive would deign, at least for a time, to allow gun shows to proceed unimpeded on “private” land within the County, for those Westchester residents who would wish to attend them, the fact that private gun shows may be permitted in Westchester County, when public gun shows cannot, under Latimer's Executive Order, does not suffice to circumvent a charge of Constitutional violations impacting public gun shows, whether private gun shows are a feasible, practical alternative or not.Under our system of laws, as interpreted by the U.S. Supreme Court, consistent with the U.S. Constitution, George Latimer, in his official capacity as the Westchester County Executive, but also as an American citizen, thrusts a personal view toward firearms on others which sees expression as a ban on public gun shows. But, it is one thing for an American citizen to dislike guns, to dislike gun shows, and to dislike the Second Amendment and to hold personal views on what should, in that person's mind constitute limits on free expression under the First Amendment, and, thereupon, to express views consistent with those preferences. That is permitted. That itself reflects a sacred right that an American citizen shall, as he or she wishes, exercise, freely, without constraint. That entails, as well, the sanctity and inviolability of each individual American citizen to be individual--a basic precept that underlies the entirety of the Nation's Bill of Rights. But where, as here, an American citizen—who wields power as a Government official—would dare impose, indeed, inflict, his belief systems on others, by erecting barriers to another American citizen’s fundamental and substantive Constitutional rights, that cannot and must not be borne. Governmental officers are, after all, in this Nation, under our Constitution and under our system of laws, public servants. Their duty is to serve the people, not to command subservience of the people, to bend the will of the American citizenry to that official's will. The Bill of Rights operates as an absolute constraint on the authority of any Governmental official, whether serving at the Federal, State, County, or local level. The Bill of Rights cannot lawfully be overridden, either by Statute or by Executive fiat. The Bill of Rights sets the parameters beyond which no Governmental official is permitted lawfully to enter.The U.S. Supreme Court further stated, in Turner,“As a general rule, laws that by their terms distinguish favored speech from disfavored speech on the basis of the ideas or views expressed are content-based. See, e.g., Burson v. Freeman, 504 U.S. 191, 197, 119 L. Ed. 2d 5, 112 S. Ct. 1846 (1992) (‘Whether individuals may exercise their free-speech rights near polling places  depends entirely on whether their speech is related to a political campaign’); Boos v. Barry, 485 U.S. 312, 318-319, 99 L. Ed. 2d 333, 108 S. Ct. 1157 (1988) (plurality opinion) (whether municipal ordinance permits individuals to ‘picket in front of a foreign embassy depends entirely upon whether their picket signs are critical of the foreign government or not’). By contrast, laws that confer benefits or impose burdens on speech without reference to the ideas or views expressed are in most instances content-neutral. See, e.g.  City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 804, 80 L. Ed. 2d 772, 104 S. Ct. 2118 (1984) (ordinance prohibiting the posting of signs on public property ‘is neutral—indeed it is silent—concerning any speaker's point of view’); Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640, 649, 69 L. Ed. 2d 298, 101 S. Ct. 2559 (1981) (State Fair regulation requiring that sales and solicitations take place at designated locations ‘applies evenhandedly to all who wish to distribute and sell written materials or to solicit funds’).”The language of Latimer’s Executive Order is, on its face, content-based, not merely neutral-based. The Executive Order, banning public gun shows in Westchester County, would, therefore, in our estimate, not withstand legal scrutiny if challenged.

CONSTITUTIONAL RIGHTS AND LIBERTIES DO NOT EXIST IN AN ACADEMIC VACUUM. THEY AFFECT THE LIVES OF ALL AMERICANS IN A TANGIBLE WAY; AND TWO OR MORE RIGHTS, SUCH AS THE FREEDOM OF SPEECH OF THE FIRST AMENDMENT AND THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS OF THE SECOND, OFTEN COHERE. THEY OFTEN, AS HERE, IN THE CASE OF AN EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS, GO HAND-IN-HAND.

Much of restrictive gun law legislation, apart from expressly conflicting with the Second Amendment, casts a bright light on the views of those who support such draconian legislation. It is demonstrative evidence for inferring that the proponents of such legislation seek not only to curb exercise of the fundamental, substantive right codified in the Second Amendment, but to curb the American citizen's First Amendment expression of that Second Amendment right. These two Rights go hand-in-hand. When antigun proponents talk disparagingly of a so-called "gun culture" or "culture of guns," that they seek to curb, they really mean to contravene, to place unconstitutional constraints on the free speech clause of the First Amendment too. George Latimer’s Executive Order, unlike many restrictive gun measures, overtly—not merely impliedly—infringes the First Amendment’s guarantee of freedom of speech, afforded all American citizens and would, if challenged, likely be struck down as an unlawful overt and absolute attempt to control content of speech, well beyond the regulation of time, place, and manner of speech. George Latimer seeks to control expression of what to some constitutes an unpopular view as much as he seeks to contain gun shows in Westchester County. He sees public gun shows as unwanted displays of "gun culture" and of the "culture of guns" that he, along with other like-minded antigun proponents and antigun provocateurs denigrate, They thereupon attempt to contain, constrain and constrict and, eventually, to eradicate gun ownership and gun possession in this Nation, in the tangible, physical sense, But, they go beyond that. They seek much, much more. They seek no less than to eradicate, to excise from the memory of man, from the mind of the American citizenry, the very desire for, the very wish to exercise the right of the people to keep and bear arms--to erase, then, from the mind of each American citizen that anything sacred exists in the Second Amendment to the U.S. Constitution. They seek for a day to arrive when people here perceive the Second Amendment as not merely archaic, anachronistic, and obsolete, but incongruent, bizarre, meaningless. To that end the mainstream news media Press and our Nation's Educational system is hard at work--hard at work to disrupt and destroy the Second Amendment and hard at work to destroy the unreasonable searches and seizures clause of the Fourth Amendment and hard at work to change the American public's perceptions toward and to severely constrain the notion of freedom of speech clause of the First Amendment

GEORGE LATIMER'S EXECUTIVE ORDER BANNING PUBLIC GUN SHOWS IN WESTCHESTER COUNTY RAISES OTHER LEGAL, AS WELL AS PERTINENT SOCIAL AND POLITICAL QUESTIONS, APART FROM THE EXECUTIVE ORDER'S NEGATIVE IMPACT ON THE FIRST AND SECOND AMENDMENTS TO THE U.S. CONSTITUTION.

George Latimer's Westchester ban on public gun shows in Westchester County--a ban that does not simply regulate time, place and manner of public gun shows but amounts to a total prohibition on gun shows--must be seen for what it really is: pernicious, discriminatory State regulation, operating to deny to a substantial class of American citizens use of a public forum for a legitimate Constitutional purpose. The question posed for review is this: Does not George Latimer's Executive order operate overtly, and unconscionably, and contemptuously to unconstitutionally discriminate against an entire class of citizenry, namely those American citizens who desire to own and possess firearms, by denying to these American citizens a vehicle, in the form of a public forum, through which an American citizen, not under disability, may seek to view and purchase firearms and such other items, such as memorabilia, that an American citizen has the right to own and possess? If an American citizen seeks merely and only to exercise a fundamental, substantive Constitutional right and if a public accommodation allows that citizen to exercise a fundamental Constitutional right, on what basis can a Governmental agent--in this particular case, the County Executive, George Latimer--lawfully deny, in totality, to an American citizen, the use of a public accommodation in which that substantive, Constitutional right may be exercised? If a legal basis does not exist for a total ban on gun shows, then George Latimer's unilateral action constitutes no less than an overt, unconstitutional discrimination against gun owners who desire to own and possess firearms. If true, then, does not George Latimer's Executive order impinge on and infringe the due process and equal protection clauses of both the Fifth and Fourteenth Amendments to the U.S. Constitution, as well as operating as an infringement of the free speech clause of the First Amendment and as an infringement of the Second?That George Latimer deigns to allow private gun shows to continue to be held in Westchester County, apart from public gun shows--at least for the time being--does permissible use of private accommodations for gun shows obviate Constitutional issues associated with a total ban on public gun shows in Westchester County? Then, too, does not George Latimer's ban on public gun shows operate as a shifty and deceitful attempt to slide around what antigun proponents and antigun provocateurs and antigun conspirators see as the public gun show "loophole" to the instant criminal background check system under federal law? For, if public gun shows do not exist, then, the perceived "loophole" issue disappears into mist. But, is not the "loophole" issue and is not the very expression 'gun show loophole' itself a myth perpetrated by and perpetuated by antigun proponents, antigun provocateurs and antigun conspirators to strain and constrain exercise of the right of the people to keep and bear arms?We will continue with our analysis of the Westchester County Executive George Latimer’s Executive Order in a forthcoming article.

A CLOSING NOTE: WHAT WE ARE SEEING; WHAT IS AT STAKE.

We see, of late, and with more insistent and incessant fury, a bold attack on the very cultural traditions and core values and belief systems of this Country underway. Do American citizens not see that, despite the electoral triumph of Donald Trump to the U.S. Presidency, there is a conscious, sinister, insidious, diabolical effort underway to undercut our most cherished rights and liberties, and that this process is being carried out by the sinister forces that crush Nation States? Do American citizens not see that these forces intend to crush our Nation State through a systematic, orchestrated scheme of disinformation, misinformation, pseudo-information, and non-information designed to demoralize the American citizenry; to impose a false sense of guilt onto the American citizenry; to confuse and confound the American citizenry; to devalue the Bill of Rights, to devalue the notion of 'American citizen,' to soften and mold and reshape the contours of this Nation's citizenry as if the American people were but a lump of clay; to transform the American citizenry into weak, guilt-ridden, anxious souls.We see that Americans have lost the right to privacy. They have lost the right to be free from unreasonable searches and seizures. They have lost the right of free speech, the right to speak their mind, as threat of public reprimand, and threat of loss of employment are omnipresent. They are slowly losing their God-given right of the people to keep and bear arms.We see monopolistic corporate mega-structures emerging in all business sectors: technology, finance, media, entertainment. We see these colossal mega-structures imposing bizarre, alien rules and bizarre principles of behavior on society, across society. They are doing this with impertinence, impudence, false piety, and with a disgusting sense of self-righteousness, and with impunity. And they are using their horde of wealth and outsize power to influence Government. They are operating as if they were Government, but as a Government free of constraints imposed on Government by the Bill of Rights--a Document that is systematically being dismissed as irrelevant. We see our Nation awash in waves of illegal aliens, falsely and loudly clamoring for and oddly claiming rights they do not have and should never be given. And, we see waves of unassimilable, poverty-stricken, ill-informed, mentally lazy refugees flooding into our Country from failed States. These individuals make an unwieldy welfare State, that we are becoming, even more untenable. They strain our resources and require support from our citizenry. And, many in Congress support this, would allow this; would encourage this. They would enact new immigration laws that would further disrupt our economy, and negatively impact our mores, our values, our sacred roots. We see, even now, our history revised; our children taught alien ideas. Our sense of National identity is being turned on its head. More than questioned, national identity, as perceived by the founders of our free Republic, is now scorned, and reviled, and slowly revised.How far can this awful state of affairs go? When will the American people fight back to recover their sacred birthright? _________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE COURTS, NO LESS THAN CONGRESS, IS WHERE ONE WILL FIND THE SECOND AMENDMENT EITHER SAFEGUARDED AND STRENGTHENED OR ENDANGERED AND WEAKENED.

REPUBLICAN CONTROL OF ALL THREE-BRANCHES OF GOVERNMENT IS NECESSARY TO MAINTAIN BOTH THE SOVEREIGNTY AND INDEPENDENCE OF OUR NATION STATE, AND THE SUPREMACY OF OUR CONSTITUTION AND OUR SYSTEM OF LAWS.

The mandate of a Republican controlled Congress, and of a Republican President and of a federal court system--comprising jurists who recognize the supremacy of our laws and of our Constitution over foreign laws and over the decisions of foreign tribunals and who recognize and appreciate the critical importance of the fundamental rights and liberties of the American people, as codified in the Bill of Rights--is this: to maintain our roots as a unique People; to make certain that our Country continues to exist as a free Republic and as an independent, sovereign Nation, beholden to no other Nation or to any group of Nations; and to keep sacred the supremacy of our Constitution and our system of laws, grounded in the sanctity of the Bill of Rights--a Bill of Rights that has no parallel in any other Nation on this Earth. To succeed in this mandate it is imperative that: one, Congress retain a Conservative Republican majority; two, that Donald Trump remain as U.S. President through two terms in Office; and, three, that the U.S. Supreme Court hold a conservative-wing majority and that the lower federal Courts seat a majority of  jurists who recognize and appreciate the supremacy of our Constitution and of our laws and of our sacred rights and liberties, and who render opinions with that principle omnipresent.Obviously, those malevolent forces that seek to undermine the sovereignty of this Nation, that seek to subvert the will of the American People, that seek to undercut and subordinate our Constitution, our system of laws and our fundamental rights and liberties, are working for the precise opposite. They seek to gain Democratic Party majorities in both Houses of Congress in the midterm elections, and, if they can accomplish that, they will undoubtedly pursue efforts to impeach Trump, using the tenuous, ludicrous, tax-payer funded Mueller investigation, chasing after ghosts, as a springboard to destroy the Trump Presidency. These individuals and groups, bankrolled by a shadowy, secretive, ruthless internationalist, trans-nationalist globalist “elite”, hope, as well, to create a liberal wing majority in the U.S. Supreme Court. To do that, they must win back the White House.Those who seek to destroy the sovereignty of this Nation and to undermine the true import and purport of the Bill of Rights are rankled by two specific events that they cannot, and, obviously, will not abide: one, the failure to usher Hillary Rodham Clinton into the Office of U.S. President, which they thought was an assured bet; and, two, the failure to seat Merrick Garland—the Chief Judge of the U.S. Court of Appeals for the D.C. Circuit, and President Barack Obama’s nominee—on the U.S. Supreme Court. These critical and monumental failures of the internationalist, trans-nationalist globalist “elite” who bankroll and control the Deep State of the federal Government—the forces that would dare crush this Nation and the American people into submission—have suffered an extraordinary setback in their plans for world domination. To reset the clock in accordance with their global strategy, they have been forced to show their hand. The negative forces that manipulate and control the Government of this Nation and that manipulate and control the Governments of those Nations that comprise the EU have emerged from the shadows and have forced their toadies in this Country to surface from the depths of the Deep State of the federal Government, to undermine, at every turn, the efforts of the duly elected President of the United States, Donald Trump. Not content to undermine and undercut the President's policy objectives, which they attack at every turn through the well-orchestrated media circus they control, they attack the man himself, disrespectfully, caustically, and reprehensibly; and, in so doing, they demonstrate as well their disrespect for this Nation, and  for this Nation’s core values, and for this Nation’s system of laws, and for the people of this Nation who elected Donald Trump, who was then inaugurated the 45^th President of the United States, on January 20, 2017, succeeding Barack Obama.The election of Donald Trump as U.S. President has thrown a wrench into the well-oiled and greased machine of the Deep State of the federal Government of the United States. This singularly important event has thrown the internationalist, trans-nationalist globalist elites, headed by the international Rothschild clan, into a state of consternation, of befuddlement, of rage and turmoil, of chaos. Their well-laid plans for world domination sees the United States as an important cog in an expansive industrial and financial machine comprising the New World Order, for no other Western Nation has as impressive a military and as impressive an intelligence apparatus, and as adept technological capabilities as those of the United States. As the forces that would crush this Nation and its people into submission have suffered a severe and costly set-back, they intend to set matters aright. The American people bear witness to the raw extent of the power and reach of these forces: one, the naked audacity of their actions; two, the evident contempt in which they hold the American people; three, the bald self-assurance and aplomb by which they plan and orchestrate a campaign of deliberate deception—through the mainstream media—a campaign of disinformation and misinformation through which they hope and trust they can manipulate the American people into accepting a bizarre worldview--one inimical to the needs and desires and well-being of the American people; four, the obscene loathing they express toward our Bill of Rights; five, the demonstrative malevolence they have shown toward the U.S. President and toward his Administration; and, six, the abject hatred they display toward this Nation’s Constitution, toward this Nation’s unique history, toward this Nation’s core values, toward this Nation’s system of laws and morals. And through the levers of media and of the Deep-State of Government that they control, they give mere lip-service and lip-homage to those very things Americans hold most dear.The Arbalest Quarrel has done its part. We have worked to help elect Donald Trump as President of the United States and have worked, as well, to defeat the confirmation of Judge Merrick Garland to the U.S. Supreme Court. But our work has not ended. It has, perforce, just begun.We must continue to support President Trump from the forces that, having failed to prevent his electoral success, seek, now, to place obstacles in his path, making it difficult for him to implement the policies he has promised—policies that are at loggerheads with those hostile internationalist, trans-nationalist globalist financial and industrial forces that seek global domination which, in accordance with their plans for world domination, requires the crushing of Western Nation States, including the crushing of our Nation State, the crushing of the sovereignty and independence of our Nation state; and, with that, the subordination of our laws to that of international laws and treaties and the subordination of our Courts to that of foreign Courts and foreign Tribunals; and the undermining of the sacred rights and liberties of the American citizenry. These extremely powerful, extraordinarily wealthy, and abjectly ruthless and cunning globalist forces seek eventually to topple Donald Trump and his administration. They seek also to take back control of the two Houses of Congress. We must therefore work to maintain House and Senate Republican Majorities.Further, we must work toward and anticipation of the confirmation of at least one additional, and, hopefully, two or, better yet, three conservative-wing Justices to sit on the U.S. Supreme Court. With the passing of the eminent and brilliant jurist and true American patriot, Justice Antonin Scalia, we have lost a mighty champion of liberty in the vein of the founders of this Nation, the framers of our Constitution. We hope and trust and pray that, before the end of this year, 2018, Justice Anthony Kennedy and/or Justice Ruth Bader Ginsburg and/or Justice Stephen Breyer will retire. That will pave the way for President Trump to nominate at least one and conceivably two, and optimally three more American jurists, to sit on the high Court who, as with Trump’s nominee, Judge Neil Gorsuch, hold jurisprudential values and who would apply the same methodology to deciding cases as do Justices Clarence Thomas, and Samuel Alito, which the late Justice Antonin Scalia had set the course. With strong and true conservative-wing Justices on the high Court, who hold a clear majority, we will see the Court agreeing to hear critical Second Amendment cases and, thereupon, rendering decisions that, with the Court’s untarnished and supreme judicial imprimatur, makes clear the import of the natural, fundamental rights and liberties of American citizens as codified in the Bill of Rights of the U.S. Constitution in the manner the framers’ intended.

THE ARBALEST QUARREL LOOKS BACK ON WORK COMPLETED IN 2017 AND THEN FORWARD TO OUR TASKS FOR 2018

WHAT WERE SOME OF OUR ACCOMPLISHMENTS IN 2017?

Let us step back for a moment and look at just a few of the tasks we completed in 2017, and remark briefly on tasks we have set for ourselves in 2018. Much of our work, consistent with the primary purpose of the Arbalest Quarrel involved detailed, comprehensive analyses of critical federal and State Court cases impacting the Second Amendment. One of those cases is Soto vs. Bushmaster Firearms International, LLC., 2016 Conn. Super. LEXIS 2626; CCH Prod. Liab. Rep. P19,932. Soto is an active case. The Soto case arises from the deadly attack that occurred on December 14, 2012, in Newtown, Connecticut, when a deranged young adult, Adam Lanza, 20 years old, stormed Sandy Hook Elementary School, fatally shooting twenty children and six adults, before turning a handgun on and killing himself. According to the allegations of the Soto Plaintiffs' First Amended Complaint (CM), Adam Lanza murdered these school children and school staff with a Bushmaster AR-15, model XM15-E2S rifle. Defendant Bushmaster prevailed in the lower Superior Court (trial Court), and we analyzed the Superior Court decision in depth. Plaintiffs appealed the adverse decision directly to the Connecticut Supreme Court, bypassing the State Court of Appeals, and the Connecticut Supreme Court agreed to hear argument. We will be analyzing the Briefs of Plaintiffs and Defendants in the case and will also analyze selected amicus (friend of Court) Briefs in that case. Over 50 amicus briefs were filed in that case. We also provided comprehensive analyses in an “assault weapons” case, (Kolbe vs. O’Malley, 42. F. Supp. 3d 768 (D. Md. 2014); vacated and remanded, Kolbe vs. Hogan, 813 F.3d 160 (4th Cir. 2016); rev’d en banc, Kolbe vs. Hogan, 849 F.3d 114 (4th Cir. 2017) ), which we had hoped would be taken up by the U.S. Supreme Court—the high Court failing to have granted certiorari in an earlier disastrous “assault weapons” case, Friedman v. City of Highland Park, 784 F.3d 406, 2015 U.S. App. LEXIS 6902 (7th Cir. Ill., 2015). Alas, the high Court failed to garner four votes, allowing the case to be heard in the high Court. Had the high Court agreed to hear the case, Americans would see a definitive ruling on whether so-called “assault weapons” fall within the core of the Second Amendment’s protection. Obviously, the liberal wing of the Court and at least two "apparent" conservative wing Justices, likely, Anthony Kennedy and the Chief Justice, John Roberts, did not want to resolve this case, and, so, to date, resolution of “assault weapons” as protected firearms within the core of the Second Amendment remains in abeyance, with liberal Circuit Court of Appeal Judges ruling that semiautomatic "assault weapons" do not fall within the core of the Second Amendment and, so, are not protected.In addition, we looked at two Congressional bills that, if enacted, strengthen the Second Amendment. We looked at national concealed handgun carry reciprocity legislation, pending in Congress, H.R. 38, and looked at Congressman Chris Collins’ bill, the “Second Amendment Guarantee Act” (H.R. 3576) (“SAGA”) which has been referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, on September 6, 2017 where it presently sits. We also did our part to sidetrack Obama’s attempt to sit Judge Merrick Garland on the U.S. Supreme Court. When we feel it critical that our representatives in Congress be notified of specific and extraordinary dangers presented to our Nation, we have not hesitated to contact them. When, after the passing of the exceptional U.S. Supreme Court Justice, Antonin Scalia, we have seen that President Barack Obama wasted little time in nominating a person to serve as a new ninth member of the high Court who would, given the opportunity, assist the liberal-wing Justices—Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan—in unwinding case law that Justice Scalia helped to shape in his many illustrious years on the Bench. That person who President Barack Obama had hoped to see confirmed is Merrick Garland, Chief Judge of the U.S. Court of Appeals for the D.C. Circuit. The Arbalest Quarrel took strong exception to the possibility of seeing Judge Garland sitting on the high Court. We sent a letter to the Chairman of the Judiciary Committee, Senator Chuck Grassley, requesting the Senator to refrain from allowing a confirmation hearing to proceed. Had a confirmation proceeding been held, that would have resulted in Judge Merrick Garland sitting on the high Court as an Associate Justice. Of that, we have no doubt, as U.S. Senator Orrin Hatch has articulated that point. According to the liberal political commentary website, "New Republic," Senator Hatch said that there was "no question" that Judge Merrick Garland would be confirmed were a confirmation hearing held. The Arbalest Quarrel explained the singular danger Judge Merrick Garland posed to the preservation of the right of the people to keep and bear arms, codified in the Second Amendment to the U.S. Constitution if Merrick Garland sat on the U.S. Supreme Court. In our letter we took exception to pronouncements of several academicians who had also written a letter to Senator Grassley. Those academicians argued that nothing in the record of Judge Garland’s service as a Judge on the U.S. Court of Appeals suggests that an inference can be drawn concerning Judge Garland’s jurisprudential philosophy toward the Second Amendment. We disagreed with the pronouncements of those academicians. We pointed to specific examples in the judicial record that establish beyond doubt that Judge Merrick Garland holds great and abiding antipathy toward the Second Amendment; and that Judge Garland’s antipathy toward the Second Amendment is very much in evidence in the judicial record, contrary to the pronouncements of those academicians who promote the Judge’s ascendancy to the U.S. Supreme Court. Our concern was not directed to Judge Garland’s ability as a jurist. We have no doubt that Judge Garland has a bright and, conceivably, brilliant legal mind. But, when that brilliance is coupled with a philosophy at loggerheads with the philosophy of another brilliant Justice, Antonin Scalia, then we know that preservation of the natural, substantive fundamental rights of the American citizenry—particularly the right of the people to keep and bear arms—are in jeopardy. In a series of in depth articles, we have written extensively about Judge Garland’s jurisprudential philosophy. We pointed out that Judge Garland’s judicial approach is clearly antithetical to that of the late Justice Antonin Scalia, and that Justice Scalia’s illustrious work would be undone were Judge Garland to sit on the high Court. In our letter to Senator Grassley, we provided a link to the Arbalest Quarrel website and encouraged the Senator to peruse our analytical articles on Judge Garland, as the letter only touched upon the matters of concern.

THE MISSION OF THE ARBALEST QUARREL 

The mission of the Arbalest Quarrel is to preserve, protect, and strengthen the Bill of Rights, and, principally, to preserve, protect, and strengthen the Second Amendment to the United States Constitution. The Arbalest Quarrel has written dozens of articles on newsworthy and noteworthy events, impacting the Second Amendment. Many of our articles appear in Ammoland Shooting Sports News. Most of the articles we prepare are comprehensive, extremely detailed, highly analytical expositions on Second Amendment issues. Many of our articles are written as part of lengthy, continuing series. Given the exigencies of time and of new and pressing newsworthy matters, we are often compelled to sidestep continuous work on a series, returning to a series later. Since threats to the Second Amendment are constant and continuous, much of the work that we may have left uncompleted in previous weeks or months is and remains pertinent. Some work that we do, involving analysis of active legal cases, such as the Soto case, cannot, of course, be completed until further action is taken by a Court and, in that event, we must await action before continuing discussion. In other cases, such as Kolbe, where we have commenced work, as part of a series, a higher Court, in this case, the U.S. Supreme Court has denied a writ of certiorari, which means that the ruling or rulings of the second highest Court, a U.S. Circuit Court of Appeals, remains the law in that judicial Circuit. But, as those cases involve an open-ended and critically important issue that the U.S. Supreme Court will, at some point be compelled to tackle, our analysis of lower U.S. District Court and U.S. Circuit Courts of Appeal decisions are still relevant and, so, hold more than historical value in terms of their impact on the right of the people to keep and bear arms. Kolbe, for example, deals directly with the issue whether semiautomatic weapons, defined as ‘assault weapons’ fall within the core protection of the Second Amendment. As antigun groups intend to deny American citizens the right to legally own and possess “assault weapons,” and, as they seek, eventually, to ban civilian ownership and possession of all semiautomatic weapons, it is incumbent upon us and important to consider the legal arguments they present. Thus, at some point in time when the U.S. Supreme Court does deal with the issue as to the extent of or whether semiautomatic weapons defined as ‘assault weapons’ fall within the core protection of the Second Amendment or whether semiautomatic weapons, as a broad category of firearms, fall within the core protection of the Second Amendment--and the high Court will, at some moment in time have to consider the issue--we will have addressed, in depth, all or virtually all of the salient arguments that litigants happen to make. As we look back at the work over the years, we note our article, titled “The Arsenal of Destruction.” Concerning antigun groups efforts to defeat the right of the people to keep and bear arms, what we mentioned in that article is as true then as it is today. We said: Here is what we deemed then, as now, to be the salient methodologies antigun groups use to undercut the Second Amendment. There are probably more; undoubtedly, the antigun groups are busy concocting others even as we publish this list:

• ENACTMENT OF RESTRICTIVE GUN LAWS

• REWRITING/RECONFIGURING/RECONSTITUTING THE SECOND AMENDMENT TO UNDERCUT THE SIGNIFICANCE OF THE INDEPENDENT CLAUSE: “THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.”

• EFFORTS TO REPEAL THE SECOND AMENDMENT OUTRIGHT

• INDOCTRINATION OF AMERICA’S YOUTH

• MILITARIZATION/FEDERALIZATION OF CIVILIAN POLICE FORCES ACROSS THE COUNTRY THROUGH THE MACHINATIONS OF THE DEPARTMENT OF HOMELAND SECURITY

• DIRECT MAINSTREAM NEWS MEDIA ATTACKS ON THE SECOND AMENDMENT

• USE OF PROPAGANDA AGAINST THE AMERICAN PUBLIC AND INDOCTRINATION OF THE PUBLIC BY MAINSTREAM NEWS MEDIA GROUPS

• SYSTEMATIC EROSION OF THE RULE OF LAW IN THE UNITED STATES

• DENIAL OF GUN POSSESSION TO ENTIRE GROUPS OF AMERICAN CITIZENS

• ILLEGAL ATTEMPTS BY CITIES AND TOWNSHIPS TO WEAKEN OR OVERRIDE STATE LAWS WHERE SUCH STATE LAWS ARE DESIGNED TO EXTEND SECOND AMENDMENT PROTECTIONS TO THEIR CITIZENS

• CREATING CONFUSION OVER THE CONCEPT OF ‘CITIZEN’ AND CREATING CONFUSION AS TO THE RIGHTS OF A CITIZEN OF THE UNITED STATES

• EXECUTIVE BRANCH OVERREACH/USURPATION OF THE LEGISLATIVE FUNCTION BY THE UNITED STATES PRESIDENT IN CLEAR DEFIANCE OF THE SEPARATION OF POWERS DOCTRINE SET FORTH IN AND THE MAINSTAY OF THE U.S. CONSTITUTION.

• OVERRIDING THE BILL OF RIGHTS THROUGH INTERNATIONAL PACTS, TREATIES, AGREEMENTS, AND CONVENTIONS

• FALLACIOUS REASONING OF ANTIGUN GROUPS AND ANTIGUN GROUP DECEPTION AS TO THEIR ULTIMATE GOAL: DE JURE OR DE FACTO REPEAL OF THE SECOND AMENDMENT TO THE U.S. CONSTITUTION

• ATTACK ON GUN RIGHTS’ ADVOCATES’ MORAL BELIEFS AND ETHICAL BELIEF SYSTEMS

• BATFE ADOPTION OF ONEROUS REQUIREMENTS FOR GUN DEALERS AND BATFE INTRUSION/ENCROACHMENT ON TRADITIONAL U.S. CONGRESSIONAL LAW MAKING AUTHORITY

• MISAPPLICATION/MISAPPROPRIATION OF THIRD PARTY PRODUCTS LIABILITY LAW AND LEGAL DOCTRINE TO UNFAIRLY TARGET GUN MANUFACTURERS

• FEDERAL GOVERNMENT RESTRAINT OF TRADE: COERCING LENDING INSTITUTIONS TO REFRAIN FROM GIVING LOANS TO GUN DEALERS

• MANIPULATION OF THE COMPOSITION OF STATE LEGISLATURES AND OF THE U.S. CONGRESS BY MULTI-MILLIONAIRE/BILLIONAIRE TRANSNATIONAL GLOBALISTS THROUGH THE BANKROLLING OF POLITICIANS—WHO ACQUIESCE TO THEIR WISHES, AND WHO ARE WILLING TO DESTROY THE SECOND AMENDMENT—AND THROUGH THE NAKED, SHAMELESS EXPLOITATION OF ATTACK ADS, TARGETING THE DEFENDERS OF THE SECOND AMENDMENT -- THOSE POLITICIANS WHO REFUSE TO KOWTOW TO THE ANTI-AMERICAN AGENDA OF THE RUTHLESS MULTI-MILLIONAIRE AND BILLIONAIRE TRANSNATIONAL GLOBALISTS.

• GLOBAL CENSORSHIP/CONTROL OF EXPRESSION ON THE INTERNET: UNDERMINING THE SECOND AMENDMENT BY CONTROLLING MESSAGING WITH THE AIM, ULTIMATELY, OF INSIDIOUSLY DESTROYING THE SECOND AMENDMENT THROUGH AN UNCONSCIONABLE INFRINGMENT UPON THE FIRST AMENDMENT: AS CONTEMPT FOR ONE AMENDMENT OF THE BILL OF RIGHTS IS SHOWN, SO, AS WELL, IS CONTEMPT FOR THE OTHERS DEMONSTRABLY SHOWN

• DESTRUCTION OF SOVEREIGN NATION STATES AND OF THE CONSTITUTIONS OF SOVEREIGN NATION STATES THROUGH THE CREATION OF, ESTABLISHMENT OF AND INEXORABLE EXPANSION OF AN INTERNATIONAL, NEOLIBERAL INSPIRED WORLD ORDER DEDICATED TO AND WORKING TOWARD THE DESTRUCTION OF INDIVIDUAL RIGHTS, THE DESTRUCTION OF INDIVIDUAL LIBERTIES, AND THE ERADICATION OF PERSONAL AUTONOMY

We intended to do an article on each of these 21 strategies within the series. We didn’t complete the series, but we did write on several of these strategies and some of the strategies were touched upon in other articles. For example, our most recent article on the NY Times new “gag order” policy preventing its employees from exercising their freedom of free speech on their own time in vehicles other than the New York Times newspaper, actually is a response to two strategies we delineated on in “The Arsenal of Destruction":ONE: GLOBAL CENSORSHIP/CONTROL OF EXPRESSION ON THE INTERNET: UNDERMINING THE SECOND AMENDMENT BY CONTROLLING MESSAGING WITH THE AIM, ULTIMATELY, OF INSIDIOUSLY DESTROYING THE SECOND AMENDMENT THROUGH AN UNCONSCIONABLE INFRINGMENT UPON THE FIRST AMENDMENT: AS CONTEMPT FOR ONE AMENDMENT OF THE BILL OF RIGHTS IS SHOWN, SO, AS WELL, IS CONTEMPT FOR THE OTHERS DEMONSTRABLY SHOWN; and,TWO: USE OF PROPAGANDA AGAINST THE AMERICAN PUBLIC AND INDOCTRINATION OF THE PUBLIC BY MAINSTREAM NEWS MEDIA GROUPS.Our principal mission and raison d’etre—as mentioned, supra—is to preserve, protect, and strengthen the Second Amendment to the U.S. Constitution. In fact, the preservation of, protection of, and strengthening of the Second Amendment all go hand-in-hand. There exist forces both inside and outside this Country that would like to repeal the Second Amendment. Of course, they realize that repealing, de jure, any one of the Ten Amendments to the U.S. Constitution that comprise the Bill of Rights is virtually impossible. As natural rights, there is no mechanism for repealing these rights and liberties anyway, since no man created them. The Framers of the Constitution merely codified the rights that exist intrinsically in each American citizen. That doesn’t mean that a sacred right cannot be ignored or de facto repealed which effectively reduces the right to a nullity even as the words remain intact. Thus, if the words remain, but the intent behind the words is absent, hollowed out, the right, in essence, ceases to exist. We have seen this before. The fundamental right of Americans to be free from unreasonable searches and seizures has been hollowed out, as Government agencies like the CIA and NSA download and keep digital records on everyone and everything. This is patently illegal, but Federal Government agencies do it anyway. The fundamental right of free speech is beginning to be hollowed out, too, as censorship, in the guise of “political correctness” is taking its toll on free speech. The fundamental right of the people to keep and bear arms was dying a slow death until the majority of the U.S. Supreme Court in two seminal cases, District of Columbia vs. Heller, 554 U.S. 570; 128 S. Ct. 2783; 171 L. Ed. 2d 637 (2008), and McDonald v. Chicago, 561 U. S. 742, 780, 130 S. Ct. 3020, 177 L. Ed. 2d 894 (2010)), made clear what that right entails. The high Court made poignantly and categorically clear that this right—a right that must be recognized by both federal Government and by the States—is an individual right, a right, then, not connected to one’s service in a militia. Still, those Legislators and Jurists who seek to disembowel the Second Amendment have either ignored the holdings of the U.S. Supreme Court or have actively tinkered with it, working around the edges of the Heller and McDonald holdings to slowly weaken the Second Amendment. But, to weaken the right is tantamount to destroying it; for the rights codified must be understood in the context the framers of the Constitution intended, as absolute imperatives. This doesn’t mean restrictions ought not be enacted that operate as deprivations on some individuals but, this deprivation is justified only if the threat posed by the one threatens the lives of millions of others, or where the threat posed by an individual undermines the sovereignty of this Nation.Consider the Second Amendment. Federal law bars persons adjudged mentally incompetent from owning and possessing firearms. Thus, the absolute right to own and possess firearms infringes the right of a person adjudged mentally incompetent but this is necessary to protect the lives of millions of innocent, law-abiding Americans. Federal law also prohibits illegal aliens from owning and possessing firearms. And, in so doing, we protect the sanctity of the notion of a Nation State comprising a unique citizenry. Antigun groups, though, don’t perceive the Bill of Rights as a set of natural rights, existing intrinsically in the individual, endowed by the Creator to the individual. They see the Bill of Rights in the same vein as do internationalist, trans-nationalist globalist “elites,” as mere man-made creations-- statutes enacted and repealed at the will and the whim of the of the rulers that draft and enact them. As they see nothing positive in the right of the people to keep and bear arms, they see nothing that mandates the preservation and strengthening of that right. So, those who attempt to restrict the right of the people to keep and bear arms do not consider restrictions on the exercise of that right from the standpoint of the restriction's negative impact on the majority of rational, responsible, law-abiding American citizens, who wish to exercise their right, but, rather, see restrictions on the exercise of that fundamental right from the utilitarian consequentialist position. Consistent with utilitarian consequentialism, it is firearms in the hands of law-abiding rational, individual, not the occasional criminal or lunatic, that is perceived as posing the real danger, the real threat. And, what is that threat? It is a threat perceived as directed against society— against an amorphous collective “hive”—a threat perceived, eventually, as one directed against the entirety of the “free” world, a free world constituted as a "New World Order." It is not the criminal or lunatic possessing a firearm that concerns those that hold to the utilitarian consequentialist theory of morality that poses the greater threat to the well-being of society. In a constant flurry of new draconian firearms bills introduced in Congress, we see, in the draft language of these bills, that it is really the average law-abiding individual--the rational, responsible, law-abiding American citizen--against whom restrictive gun measures are really targeted and leveled. These restrictive gun bills are drafted and enacted in clear defiance of the right guaranteed in the Second Amendment.Our mission, our raison d’être, is to call out those disreputable groups and to call out those legislators and to call out those Hollywood film stars and moguls and to call out those mainstream news commentators and journalists and "comedians" and to call out those inordinately wealthy, extraordinarily powerful, extremely secretive, and absolutely ruthless internationalist, trans-nationalist, globalist forces that mean—all of them—to destroy our Nation State and that mean to destroy our Bill of Rights, and that mean to do so all the while claiming their efforts have a rational, ethical basis. But their actions belie their assertions. Their actions belie their true intent. These individuals, these groups, these cold-hearted ruthless internationalist, trans-nationalist, globalist “elites” that control the levers of finance and industry, that control major media organizations, that operate within and control the Deep State of Government within our own Nation mean to destroy the sovereignty and independence of this Nation and they mean to upend and to destroy the supremacy of our laws and of our Constitution.These individuals distort truth; they sow seeds of discord; they confuse and confound the ill-informed masses by challenging the Nation's core values and by interposing false substitutes for those core values. They rail against and dare to rewrite our Nation's history. They attack our Judeo-Christian ethic and our Christian heritage and traditions. They mean to destroy our Nation and our sacred Bill of Rights to pave the way for an antireligious, morally bankrupt trans-global corporate New World Order conglomerate—an amorphous, muddled indistinguishable conglomeration of once proud and unique independent Nation States—a union of populations comprising the entirety of the “free” world, which these internationalist, trans-nationalist globalist financiers and captains of industry plan to rule. We are beginning to see what this portends for the U.S. as they consolidate their power in the EU, with the assistance of their technocrats, their puppets.In their concerted effort to destroy the structure of and the very notion of the sanctity and sovereignty of Nation States, and of the sanctity and sovereignty of our Nation State in particular, we see insidious and perverse attempts by these internationalist, trans-nationalist globalist “elites”—through the mainstream media whom they control and through members of Congress whom they have bought—to play with language—to suggest that the notion, the idea of ‘American,’ of what the word ‘American’ means is simply a matter of personal belief. Why is such a ridiculous notion fostered? It is fostered for a reason. For, if what it means to be an ‘American,’ or, for that matter, what it means to be a Frenchman, or German, or Italian, or Canadian, for example, comes down to personal opinion and belief, then, the bonds between a person and that person’s Country is tenuous, amorphous, fragile, elusive, even illusive, and, ultimately, unimportant. This has serious ramifications for Nation States and repercussions for the people residing in a Nation State. Thus, if a person is to be deemed an American, for example, who simply and essentially believes him or herself to be an American, then, on that basis, alone, may presumptuously presume a right to live in this Country, to emigrate to this Country and to be endowed with all the rights and liberties that the United States Constitution provides.This open-ended concept of what it means to be an ‘American’ is deliberately and unconscionably fostered by those who seek an end to the very notion of a Nation State; who seek to portray people not as citizens of this or that Country but, literally, as “citizens of the world”—who may freely move about as they wish. This “open borders” philosophy is anathema to the concept of the primacy and sovereignty of Nation States which demands that independent, sovereign Nation States have a right and duty and responsibility to maintain and control their borders, and, in so doing, forestall emigration of undesirables to this Country. To allow essentially anyone and everyone to emigrate to this Country, is to denigrate and ultimately destroy the very foundation of the sovereignty and independence of a Nation State. A Nation State’s core ethical and religious and social values are in danger of erosion. That Nation’s historical roots are in danger of erosion. That Nation’s jurisprudential values and core economic principles are in danger of erosion.When educators, along with news organizations and legislators in the United States proclaim that illegal aliens are Americans, the Arbalest Quarrel has stepped in to set the record straight. Co-Founder and President of Arbalest Group, LLC., Stephen L. D’Andrilli wrote a reply to an article written by the Vice President of the United Federation of Teachers that appeared in the Union’s publication. The Arbalest Quarrel's response was published in Ammoland Shooting Sports News. Stephen has penned other cogent responses to the UFT that we, as strong supporters of America’s Bill of Rights, have taken exception with.

THE WORK AHEAD FOR THE ARBALEST QUARREL IN 2018

In 2018 we will continue to analyze federal and State gun laws; federal and State gun bills; and federal and State Court cases. We anticipate seeing one and perhaps two openings on the U.S. Supreme Court. It is imperative that President Trump have the opportunity to nominate one or more individuals to serve on the U.S. Supreme Court.It is in the Courts, no less than in Congress that our Bill of Rights and, especially, our Second Amendment, will be preserved, strengthened, and expanded. We will otherwise see our Bill of Rights debilitated, weakened, and restricted.The House and, more importantly, the U.S. Senate must remain firmly in the hands of Republicans and, more especially, in the hands of those who espouse a conservative philosophy, reflective of the views and philosophy and sensibilities of the Founders of our Nation, the Framers of our Constitution, the Creators of our Free Republic—not those Centrists like Paul Ryan and Mitch McConnell, who hold to a decidedly globalist philosophy, who demonstrate globalist sympathies, and whose support of our Bill of Rights is lukewarm at best.The Democrats intend to take control of both Houses of Congress and they intend to weaken our Bill of Rights and to weaken especially the First Amendment Freedom of Speech, and the Second Amendment right of the people to keep and bear arms. They intend, in league with their internationalist, trans-nationalist, globalist benefactors, to weaken, debase and eventually curtail our natural, fundamental rights and liberties. For they mean to draw us insidiously into the arms of a New World Order. They intend to do this through the vehicle of international pacts and treaties and through mainstream news organizations that condition the American public to accept open borders and to accept an amorphous notion of what it means to be a citizen; and by conditioning the American public to accept the legitimacy of foreign courts to hear cases impacting our fundamental rights; and to condition the American public to accept the supremacy of international law over that of our Constitution, and over our system of laws, and over our jurisprudence; and to condition the public to accept historical revisionism, to accept bizarre, alien notions of morality and gender identity; and to condition the public to accept the dismantling of a Nation that is grounded in Christianity and in notions of self-reliance and initiative, individual responsibility. All these things are on the table, as Democrats and many Centrist Republicans seek to weaken the foundation of a Nation as designed and understood by the Founders of it.

IN CLOSING, WE SET FORTH THE FOLLOWING POINTS AND CAUTIONARY IMPERATIVES FOR OUR READERS:

If the American people are to maintain their unique roots, we must work, first and foremost to keep sacred the Bill of Rights, and that means we must understand the import and purport of the Bill of Rights as the drafters intended, and we must insist that rights and liberties be preserved, protected, and strengthened. We must argue for the continued primacy of this Country as a sovereign, independent Nation State and we must insist that the federal Government’s first order of business, as servants of the American people, is to see to the needs of and well-being of, and security and safety of the American people. And, who are the American people? They are the citizens of this Country and those citizens, the American people, do not include anyone who resides here illegally, whatever that person's motive or circumstance for being here. And, no individual who resides elsewhere has a right to emigrate to this Country simply because that person seeks to live here, for good or for ill; and no one who has entered this Country illegally, whether consciously or through no fault of their own, can demand, as a matter of right, as a matter of law, the right to remain here. For law is not ad hoc. If Congress deigns to allow illegal aliens to remain here, then Congress must refrain from granting such individuals, citizenship. For, to grant citizenship to those who have consciously or not ignored our law, or who claim an exception to law that does not presently exist in law will serve only to destroy our system of laws. To change law or to ignore law on a whim sets a poor precedent and such action, in the seeming moral sense of it, will destroy this Country from within.We must hold to our core values. We must not be seduced into accepting notions of moral and legal relativism and we must not fall prey to historical revisionism. These notions are poisonous, pernicious, debilitating. We are a People with one common language, English. No Nation has remained a separate and distinct Nation State that has inculcated, internalized a notion of bilingualism or multilingualism or that has abided bilingualism or multilingualism.No one, whether inside or outside Government, shall indoctrinate the American people. Each American citizen has a right to free expression and to freely express his or her mind. That an individual may wish to express an idea or to possess a physical item that another individual may personally dislike, or even abhor, so what of it? The founders of our free Republic and the framers of our Constitution did not undertake to institute or to insinuate into the natural and fundamental rights and liberties of the American people a notion of “political correctness.” Such a notion is of modern invention and vintage, designed to serve an ulterior purpose. Indeed, had the founders of our Republic thought of such an absurd concept at all they would undoubtedly have held political correctness to be decidedly politically incorrect. Nothing is more devastating or destructive to the citizenry of this Nation or, for that matter, to the citizenry of any nation state, than the sins of hypocrisy and sanctimony. Unfortunately, both are in abundance in this Nation. We can for that thank the arrogance of mainstream media and of those with power and money and influence, both here and abroad, who wish to dictate a mode of thought the rest of us are obliged to adhere to. The American people should be particularly wary of those legislators and those presumptuous “elites” who bandy about such expressions as “rule of law,” and “living Constitution,” and “open borders,” and “citizen of the world” and “job creator,” and “commonsense gun laws,” and “social Darwinism, and “identity politics,” and “political correctness.” These expressions, and there are others, have become trite and dangerous clichés, shorthand simplistic sloganeering, that are either misunderstood and therefore misused, or are otherwise given to suggest or convey something overtly positive, even exemplary, when, in fact, their utilization is meant to harm the American citizen, meant to harm you! Always be mindful of seemingly noble sounding and high-minded verbiage thrown out to the masses for consumption like so much popcorn and roasted peanuts and cotton candy. Be observant, be cautious, think critically before throwing your lot in with everyone else simply because everyone else is “doing it” or “believing it.” You are no longer in high school. There is no longer any need for you to belong to this or that “clique,” in order to "fit in."The framers of the Constitution glorified the right of the individual to be individual and to accept personal responsibility for one’s actions. Our sacred rights and liberties as codified in the Bill of Rights are a testament to that fact. That is our birthright. The right of free speech; freedom of association; the right to be free from unreasonable searches and seizures; and the right of the people to keep and bear arms. These are not mere platitudes. These are a few of the most important natural rights, codified in the Bill of Rights. They are absolute and unconditional, and they are slowly being eroded. Americans should consider, critically, how the words of a news commentator, or of a Hollywood star, or of a mega-sports star, or of a legislator, or of a financier, or of a government bureaucrat, or of a highly paid comic on nighttime  television meant to cajole or persuade Americans would impinge on or infringe those rights and liberties before you throw your lot in with them. For you may be hoodwinked into giving up everything of real consequence._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

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.

FIRST AMENDMENT RIGHT OF FREE SPEECH? SECOND AMENDMENT RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS? GOING, GOING GONE IF THE NEW YORK TIMES WERE TO REWRITE THE CONSTITUTION!

THE NEW YORK TIMES BOMBARDS THE AMERICAN PUBLIC WITH ‘GROUPTHINK’ AND ‘DOUBLESPEAK: WELCOME TO “1984” IN THE 21^ST CENTURY.

“We are poor little lambs Who have lost our way. Baa! Baa! Baa! We are little black sheep Who have gone astray. Baa! Baa! Baa!” ~ from the Wiffinpoof song, circa 1910; traditional closing number of the Wiffinpoofs, an a cappella group of Yale UniversityAs is our wont, the creators of the Arbalest Quarrel often peruse on Amazon.com—books, on philosophy, politics, science, and law, among various other categories of knowledge to assist us in the work we do for our readers in defense of our most sacred right: the right of the people to keep and bear arms under the Second Amendment to the U.S. Constitution. As we write this, we came across a book, serendipitously, and one which we may purchase, titled, “Reasons Why,” by Bradford Skow. The illustration on the book’s cover is whimsical: a platypus seemingly contemplating a strawberry. And, lest one believe the book was written for a child, the answer is decidedly, “no.”Notwithstanding the straightforward, seemingly, superficially simplistic title, the material is decidedly tantalizingly complex. We perused a few pages of the book, on-line, as Amazon sometimes permits. We bring this matter up here because the subject matter of the book, “why questions,” drew us to consider something about the mainstream media that is somewhat mystifying to apprehend and, at once, frightening to contemplate. Mainstream media organizations—comprising major newspapers, radio, television, and internet—are drawn more and more to proselytize to the American public rather than to simply report the news, and this is contrary to the basic import and purport of news organizations. But, what is the purpose of a news organization? We ask:

WHAT IS THE IMPLIED GOAL—THE TRADITIONAL, PRIMARY PURPOSE OF NEWS ORGANIZATIONS? THE PRIMARY PURPOSE OF A NEWSPAPER IS TO CONVEY TO THE PUBLIC A RECORD OF THE DAY’S EVENTS: TO REPORT THE NEWS, THEN, AND TO REPORT THE NEWS CLEARLY, ACCURATELY, OBJECTIVELY, WITHOUT EMBELLISHMENT.  IN PROVIDING AN ACCOUNT OF EVENTS IN THE WORLD, A NEWSPAPER MUST REFRAIN FROM WEIGHING IN ON THE EVENTS IT REPORTS ABOUT THE WORLD. FOR, ONCE A NEWSPAPER WEIGHS IN ON EVENTS THAT IT REPORTS, THAT IT DESCRIBES, THE NEWSPAPER, THEN, IS NO LONGER, AND CAN NO LONGER BE CONSIDERED AN OBJECTIVE, NEUTRAL OBSERVER, NAMELY, ONE OPERATING APART FROM THE EVENTS, BUT, RATHER, BECOMES, INSTEAD, AN ACTIVE PARTICIPANT IN THE EVENTS—IN THE VERY SHAPING OF EVENTS A NEWSPAPER REPORTS ON. AND, ONCE A NEWSPAPER BECOMES PART OF THE EVENTS, THE OBSERVED, RATHER THAN THE NEUTRAL OBSERVER, THE NEWSPAPER, THEREUPON LOSES ITS OBJECTIVITY—LOSES ALL OBJECTIVITY. BUT, THIS DOES NOT SEEM TO BOTHER MAINSTREAM NEWSPAPERS IF THEY BOTHER TO CONSIDER THE LOSS OF OBJECTIVITY IN THEIR REPORTING THE NEWS AT ALL. TODAY, MAINSTREAM NEWSPAPERS, LIKE THE NEW YORK TIMES, ARE NOT CONTENT MERELY TO REPORT THE NEWS, BUT ARE TELLING THE AMERICAN PUBLIC HOW THEY ARE EXPECTED TO THINK ABOUT THE NEWS. OBJECTIVITY IS THEREBY COMPLETELY LOST. REPORTERS BECOME MINISTERS OF PRIVATE BENEFACTORS, UNKNOWN TO THE PUBLIC. THEY BECOME PROPAGANDISTS. EVERYTHING REPORTED IS SUSPECT.

MAINSTREAM NEWSPAPERS ARE NOT OBJECTIVELY, NEUTRALLY, AND DRYLY TELLING THE PUBLIC ABOUT CRITICAL EVENTS IN THE WORLD—AND THEY ARE NOT REPORTING ON ALL THE CRITICAL EVENTS. RATHER, MAINSTREAM NEWSPAPERS SELECTIVELY REPORT EVENTS AND THEY DO NOT ALLOWTHE AMERICAN PUBLIC TO MAKE UP ITS OWN MIND ABOUT THE EVENTS REPORTED. THESE MAINSTREAM NEWSPAPERS AND OTHER MAINSTREAM MEDIA NEWS ORGANIZATIONS ARE, AT ONCE, TELLING THE PUBLIC HOW THEY SHOULD REACT TO EVENTS, HOW THEY ARE TO THINK ABOUT THE EVENTS, REPORTED.

Journalists, also referred to as—and, traditionally, more inclined to prefer the term, ‘reporters,’ as the latter expression is narrower, suggesting specifically what these professionals do, namely reporting news events rather than journalizing whatever may come to mind—learn, in college, before commencing work for mainstream news organizations, what reporting of news encompasses and, just as importantly, what it does not. Whether through the written or spoken word, reporters are expected to—well—report the news, nothing more and nothing less. To do their job correctly, appropriately, reporters are expected to report news accounts clearly and dryly, without embellishment, utilizing nouns and verbs, eschewing the use of adjectives and adverbs, to avoid “coloring” their reporting. They are expected to propound propositions that mirror truth, under the epistemic correspondence theory of truth they ascribe to, with the goal of providing the American public with reports on facts--'states of affairs' as philosophers prefer to refer to these “things,” “facts”--about and in the world, rather than propounding subjective  evaluations, about the facts, that is to say, providing extraneous comments about the states of affairs reported on.Reporters answer fundamental ‘who,’ ‘what,’ ‘where,’ ‘when,’ and, occasionally, ‘how’ questions. It is not the purpose of reporters to ask and to discuss ‘why’ questions, which brings us back to Skow’s book, directed principally to the philosophy of science, as “why” questions set the stage for causal explanations for events. Yet, today, we see mainstream media encroaching more and more on ‘why’ questions. They do so—as they may say—to engage the public in open and lively discussion, and to give context to their news reporting. They attempt to explain the reasons for events and, they proceed, then, to a consideration of changes that they believe should occur for the benefit of society. But that is shifty, deceptive, and not the basic motivation of mainstream news reporters for dealing with “why” questions at all. They provide answers to “why” questions to manipulate thought. They sermonize. Sometimes they do this calmly and collectedly. More often they do this callously and caustically; bombastically and sanctimoniously; stridently and angrily. They do this to cajole the public into accepting the nonsense they spout, attempting to convince the public that their prescriptions for dealing with the many events they report on, that they write about, is right, and proper, and just, and should be acted upon by policy makers. Many Americans—all too many members of the American public, to date, but, increasingly, fortunately, fewer members of the American public, through time—do still accept, unconditionally and uncritically, the presumptuous and vapid claptrap the mainstream media offers up for the American public’s consumption. Indeed, these reporters—now propagandists —working for mainstream newspapers and other mainstream news organizations, attempt to disguise the subjective evaluations they propound about events as true, simple, to-the-point, objective, accurate accounts of the events reported on, when subjective evaluations and objective reports about states of affairs in and of and about the world merge into each other, or where one becomes the other, and the public is left with the impression that it has received bare factual accounts about news events when they are really obtaining subjective appraisals of the events reported on.

MAINSTREAM MEDIA’S DANGEROUS PREOCCUPATION WITH FIREARMS AND THE SECOND AMENDMENT:

One of the favorite topics of the mainstream media involves news about ‘gun crimes,’ which are particularly susceptible to this subterfuge that mainstream news reporters engage in which is to mix objective news accounts into subjective evaluations.  If newspaper and cable networks and radio simply reported instances of ‘gun crimes,’ dryly and matter-of-factly, and left the matter at that, that would be fine. But, then, mainstream newspapers and cable news networks, were they true to their creed, would also report on defensive uses of firearms. Yet, the mainstream newspapers and their affiliates on cable news invariably remain silent on defensive use of guns by law-abiding citizens who forestall gun violence, through use of their own firearm or who use a firearm, as necessary, to defend themselves or to defend other innocent lives. One would think that accurate reporting would require newspaper accounts to strive to report all news events: to report, then, on the use of firearms by ordinary Americans to thwart violent criminal acts, as well as to report gun crimes committed by lunatics, terrorists, criminal gang members, and by your garden-variety common criminal.

SELECTIVE NEWS REPORTING IS DEMONSTRATIVE OF “FAKE NEWS” NO LESS SO THAN FALSE REPORTING OF NEWS

The non-reporting of critical news events constitutes deception no less than the false reporting of news events and no less than the habit of mainstream news reporters of adroitly stirring subjective evaluations into news accounts. The mainstream media, including, prominently, The New York Times—whose motto is, “All the News That’s Fit to Print”—infers, or, more correctly, assumes that defensive use of firearms isn’t news that’s fit to print at all; so, the American public doesn’t see it. But, it is news just the same and, to our mind, this news does fall squarely into the domain of “All the News That’s Fit to Print.” The New York Times refuses to report on instances of defensive uses of guns as that tends to denigrate and weaken the running narrative that guns cause only bad things to happen. Still, if The New York Times stuck to reporting gun violence and refrained from proselytizing about the “evil” of guns, we might accept reporting of those events involving gun violence alone even if the Times’ accounting of “use of guns” is incomplete—as in the case of utilization of firearms for self-defense. Unfortunately, The New York Times and other mainstream news organizations do not and will not stop with reporting the ‘who,’ ‘what,’ ‘when,’ ‘where,’ and ‘how’ of gun violence. These mainstream news organizations tread dangerously into the realm of the ‘why’.’ They dare to ask, rhetorically, ‘why did the individual commit a violent act with a gun.’ The ‘who,’ ‘what,’ ‘when,’ ‘where,’ and ‘how’ of gun violence, then, is merely a side-note. It is merely incidental to and serves to buttress their argument for strengthening draconian gun laws and adding ever more to the serried ranks of restrictive federal and State gun laws and local gun ordinances. And, it is these arguments for ever more restrictions on the exercise of the right of the people to keep and bear arms that the mainstream media makes, constantly, ad nauseum: sermonizing, proselytizing to the American public.The reporting of news merely operates, then, as an introduction to what it is that mainstream news organizations really wish to do which to address “the need to get rid of guns in this Country.” So, reporters and editors of mainstream news organizations, like The New York Times, mention instances of gun violence in order that they might proceed with their long-running, never-ending polemic on why gun violence occurs and wherefore gun violence happens and ‘why civilian access to guns is wrong and why, therefore, guns ought to be abolished. And, that is where mainstream news organizations have gone astray. They should protect this Nation, this Free Republic; but they have, instead, hijacked this Nation as they work strenuously, and actively, and insidiously against it, undermining the Nation’s Bill of Rights, all the while masquerading that they are the guardians of it, oblivious to the inherent invidiousness of their pronouncements.Mainstream news Reporters and Editors wrongly assume the role of psychologists, and psychiatrists, and sociologists, and politicians, and ethicists, and attorneys among others. They do not merely report the news, they attempt to explain the news. In so doing, the mainstream media no longer remains the outside, neutral observer of news events, coolly describing events, but insinuates itself into the events themselves, observing itself and thereupon reflecting its own image onto the American public’s psyche, and, in a most contemptuous fashion, proclaiming to the American public how the public ought to see the world and how the world ought to be molded and shaped.And, with that—with attempts to answer “why” questions—these mainstream news organizations carefully construct and carefully calibrate their explanations and use these explanations as springboards to “ought imperatives” such as: ‘no American civilian ought to have access to firearms;’ and ‘this Nation ought to have more stringent, common-sense gun control laws’; and ‘this Country ought to perceive gun ownership and gun possession as unnecessary and dangerous to the well-being of a modern society;’ and ‘Americans should abhor guns like most citizens do who reside in other Western Countries, like those citizens of Nations that comprise the EU do;’ and ‘ everyone has the right of free speech as long as one’s comments do not offend another person’s sensibilities; and ‘employers ought to be able to control their employees thoughts and ideas, whether on the job or off,’ and that ‘censoring of ideas and opinions and beliefs is wrong, except that, sometimes, it could be right.’Not content to declare what it is that happens to be the case—the “thus and so” of a given news event—mainstream news reporters and editorial boards tell us what “ought to be the case.” Now, generally, newspapers have used opinion editorials—“Op-Eds”—as a place where they feel they are at liberty to answer the ‘why,’ the cause of such event, and, therein, to express and expound upon the ‘ought,’ as they see it, from the occurrence of a given event. But this seeming bright-line separation between “news” and “opinion” is no longer perceptible or tenable in the age of mind control and psychological conditioning through various media mechanisms. The one flows seamlessly into the other. But normative ‘ought’ statements—normative prescriptions of the way the world should be, according to mainstream media—do not logically follow from ‘is’ statements—descriptions of the way the world happens to be, notwithstanding that mainstream news Reporters and Editors assume that ought prescriptions can be derived from and deduced from “is” descriptions, and we see, now, that Reporters and Editors of mainstream news organizations commence to operate as if the one can be derived from and deduced from the other. But, they cannot.It is hardly a secret that mainstream newspapers, like The New York Times, vehemently, indeed virulently, oppose possession of firearms by anyone in society, other than law enforcement, and other than the military and--although they won’t admit it--other than by the powerful, ruthless billionaire class that increasingly rules us and that seeks to destroy our free Republic, and that seeks to destroy the sovereignty and independence of our Nation State, and that seeks to destroy our unique and sacred Bill of Rights.Now, even as the owners of mainstream media vehicles will quickly deny—at least in their reporting of events—any specific position toward firearms and the right of the people to keep and bear arms, the fact of the matter is that the owners of these mainstream media news vehicles have, as with any other subject discussed in their media vehicles’ “bag of tricks,” specific opinions that infiltrate, insinuate themselves into, and seep and filter in and through, descriptions of news events. So, the public is not obtaining merely descriptions of news events, but prescriptions about how the public should think about those events and the sorts of actions that should be taken by policy makers from those events. Bad enough that mainstream media is reduced to propagandizing and proselytizing to the public through control of virtually every major form of media apart from a few outlier websites such as the Arbalest Quarrel, but mainstream media seeks, of late, to control the thoughts and actions of their own employees, too.Consider, one mainstream media news organization, The New York Times, goes so far as to control its reporters’ exercise of their personal First Amendment right of Free Speech even when they are not writing specifically for the newspaper. This is reprehensible and, likely would not survive Constitutional muster if challenged and is odd, too, when one considers that The New York Times, and other mainstream media news organizations, vociferously, presumptuously, and hypocritically argue that the President wrongly attacks their First Amendment right of freedom of the Press. Yet, the U.S. President is also a citizen and, as a citizen, he certainly has the right, guaranteed under the free speech clause of the First Amendment to call out “fake news” narratives when he sees it. And, he rightly does so, on behalf of himself and on behalf of those Americans who support him.

GROUPTHINK VERSUS THE FIRST AMENDMENT RIGHT OF FREE SPEECH

Lest the reader of this article think that the Arbalest Quarrel has made a false claim about The New York Times controlling its employees’ expression of personal opinion, outside of employment, we point out that the Times, itself, expressly admits as much. On October 16, 2017, a reporter for the New York Times, Jim Rutenberg, writing in the Business Section of the Times newspaper, in an article titled, “Seeing Right Through Tech Chiefs’ Talk of Better ‘Transparency’”, said: “My newspaper [The New York Times] is [when reporting on Tech Companies control of their employees’ opinions], also dealing with the question of how transparent a person should be on social media. On Friday, it announced a new policy for its journalists requiring them to avoid say anything on the platform [that is to say, reporters must avoid saying anything on any and all vehicles, aside from The New York Times, when, on their own time] that they could not say under the banner of The New York Times. At a TimesTalks event in Washington on Thursday night, the Times’ executive editor, Dean Baquet, said that overly opinionated or partisan tweets could undermine the paper’s mission of reporting ‘objectively and clearly.’” Who is Baquet kidding? The assertion is nonsensical and disingenuous to boot. For, it isn’t “objective and clear reporting” that the NY Times newspaper is interested in protecting. It is, rather, a specific “subjective viewpoint” that the owners and Editorial Board of The New York Times seeks to foster and buttress, and it is a subjective viewpoint that the drafters’ of the newspaper’s new policy obviously presume that every employee of the newspaper knows or should know. In fostering and buttressing that viewpoint, the newspaper’s owners and Editorial Board would squelch a reporter’s right of free speech in that reporter’s capacity as an American citizen, even when, on that reporter’s own time, the reporter wishes freely to express his or her own viewpoint on a subject, absent constraints imposed on the reporter in the course of his or her work for the newspaper. Obviously, it isn’t objective facts that the owners and Editorial Board of The New York Times is concerned about protecting—despite what Baquet says; for, after all, the facts can take care of themselves. Rather, it is the running narrative—the “why” and of a story—that The New York Times’ owners and Editorial Board wish to maintain an overarching monopoly on. It is the running narrative, as it were, that they wish to control and that they intend to control, through the Times’ new policy.The newspaper, thereupon, muzzles and censors its own reporters First Amendment free speech rights, through a policy that operates essentially as a “gag order” lest its reporters, and any other employee, working for the newspaper, weaken the running narrative the newspaper’s publisher owners and Editorial Board wish to convey and to maintain clear, categorical, and unequivocal. Consider, too, that, this new policy directive of the New York Times, as issued by the executive editor, Dean Baquet is logically absurd, as well as legally insupportable. For, if a newspaper is simply describing events, objectively and clearly—the ‘who,’ ‘what,’ ‘when, ‘where,’ and, occasionally, ‘how,’ of the news—an account that “mirrors” a state of affairs in the world, how can such objective description feasibly be subject to subjective analysis? The answer is that it cannot; for such descriptive account of a news event, of a particular state of affairs in the world, can only admit of one accurate descriptive account, not multiple accounts. Only subjective analyses—one’s opinions—of descriptive accounts can admit of and allow for multiple and incompatible propositions about an event. Thus, there can only be one accurate descriptive account about any given actual state of affairs but many subjective opinions about that one descriptive account. If so, then how can one’s opinion about an objective news account, the ‘why’ statements and ‘ought’ statements, “undermine the paper’s mission of reporting ‘objectively and clearly?’” The answer is that opinions cannot undermine a newspaper’s objective reporting of an event.Recall what we said, supra. Normative, prescriptive ‘ought’ statements about the way the world should be do not logically follow from or entail descriptive ‘is’ statements, namely declarative propositions about the way the world happens to be. So, then, take the example of a lunatic, or psychopathic terrorist who kills innocent people with a gun. The newspaper reporter recounts the event in a news story. Likely, the news account will be, as well, laced with inaccurate, suggestive wording regarding the gun incident. Then, suppose that the reporter that wrote the story for the newspaper, writes, on his own time, on a social media site, that he supports the arming of all American citizens, as a method for reducing criminal gun violence. Would that supposition undermine a newspaper’s mission of reporting accurately and objectively? How can it? It cannot. It cannot because logically accurate, objective, clear reporting of an event—that is to say, logically accurate, objective, clear reporting of a state of affairs in and of the world—does not implicate and cannot implicate, anything, intelligible about the way the world—from one perspective or another—ought to be. Yet, you and I both know where this goes. For, assume, then, the newspaper’s editorial board, follows up the descriptive account of a terrorist murdering innocent people with a firearm, with an Op-Ed calling for new restrictive gun laws, impacting law-abiding, rational, responsible American citizens' exercise of the right to keep and bear arms. Clearly, if a reporter working for the newspaper were to argue, contrary to the position of the editorial board, that all law-abiding, sane, responsible Americans ought to be armed and that Congress should enact a national handgun carry reciprocity law, such normative viewpoint on gun ownership and possession would be at loggerheads with the editorial board’s own normative viewpoint on gun ownership and possession--one calling for confiscation of all firearms in the hands of civilians.It is not the descriptive account of a violent gun incident that the newspaper owners and editorial board are concerned about protecting. Rather, it is the normative, prescriptive remarks concerning the buttressing of restrictive gun laws that The New York Times owners and Editorial Board is desirous of protecting. For, the two normative, prescriptive viewpoints—one viewpoint expressing the desire for more restrictive gun laws and the other viewpoint calling for a relaxing of restrictive gun laws—are semantically incompatible and logically inconsistent. The reporter who writes something, on his own time, in another medium, arguing for the arming of civilian population in America could end up receiving a “pink slip” from his employer, a mainstream news organization, for that employee's troubles—and he may receive a very public rebuke as well.Extrapolating from this, to the new policy of the NY Times, it should be evident that the mission of the newspaper is not, contrary to Dean Baquet’s assertions, undermined if the newspaper were only concerned about protecting clear and objective and accurate reporting of news events. It is, rather, something other or, at least, in addition to the protection of objective and accurate reporting of news events. For, the more emphatic, persistent, and ominous mission of The New York Times is one not of reporting news events, it is, rather, one of persuasion—persuading the American citizenry, for example, that civilian gun possession should be radically restrained and constrained, and that the Second Amendment is archaic and should be repealed. And, these normative prescriptions of the way the Nation ought to look, of the way things ought to be are conveyed to the American public constantly, vociferously, incessantly, through the medium of The New York Times. Obviously, a reporter that does not share the normative worldview of the newspaper’s publisher and owners and of the Newspaper’s Editorial Board and who wishes to make his or her contrary thoughts known in another medium, on his or her own time, will be skating on thin ice, for it is this person’s personal opinion that the newspaper’s owners and editors really see as undermining one specific mission of the paper—a mission that is directed to restricting and thereby weakening gun rights, not expanding or strengthening gun rights. The objective reporting of a particular instance of gun violence is not affected by differing opinions concerning the right of the people to keep and bear arms. The matter of restricting or strengthening gun rights has, then, absolutely nothing to do with the mere reporting of a particular incidence of gun violence. Normative, ethical pronouncements have nothing to do with and do not follow from a descriptive accounting of a particular event in the world. But, the newspaper’s owners and editors don’t wish to acknowledge this. They do not wish to be seen as preventing their employees from exercising their fundamental right of free speech. So, they concoct a subterfuge. They come up with a ludicrous rationale for their news policy—a rationale that is tantamount to doing just what they do not wish to be seen as doing: preventing their reporters from exercising their First Amendment right to speak freely, and on their own time, whatever it is that their reporters may wish to say, pertaining to personal opinions about this or that subject, through a medium other than through The New York Times newspaper.The NY Times’ owners thus deny to their employees the free exercise of a fundamental right guaranteed under the First Amendment to the U.S. Constitution, a right they, as members of an “aristocratic elite,” as they fashion themselves, garner for themselves. And, of course, these aristocratic “elite” see no inconsistency in reserving for themselves those fundamental rights that they would deny to their employees, as American citizens, and which they would deny to most every other American citizen if they could, whether it be the right of free speech under the First Amendment to the U.S. Constitution that they would like to restrict or the right of the people to keep and bear arms, under the Second Amendment to the U.S. Constitution.Imagine, for a moment, that the writers of the Arbalest Quarrel happened to work as reporters for the NY Times. Would the Times’ publishers and editors suffer us to write in support of the Second Amendment to the U.S. Constitution? Not under this new policy as heralded by Dean Baquet, which he, as a spokesperson for The New York Times, sees as a good thing, as a positive thing. But that can only mean The New York Times does not draw a tenable distinction between its opinion articles and its news articles. Objective facts and subjective opinion are conflated. Opinion and Fact are all one and the same for the owners and Editorial Board of The New York Times. Thus, The New York Times owners and Editorial Board, through this incongruous sleight-of-hand, argue that its reporters cannot offer an opinion, even on their own time and through a medium other than the newspaper they work for if that opinion happens to be inconsistent with and therefore is perceived as operating to the detriment of the newspaper owners’ and Editorial Board’s running of an Op-Ed/News narrative. This, though, has nothing to do with protecting objective facts which can very well take care of themselves. It has everything to do with controlling the thought processes of the public. The public is coerced into accepting one line of thought regarding any subject that The New York Times happens to write on and the Newspaper will suffer no viewpoint to the contrary.

THE OWNERS AND EDITORS OF THE NEW YORK TIMES ARE HYPOCRITES

The hypocrisy of the NY Times’ owners and Editorial Board toward the First Amendment free speech protection—a right it would retain for itself, as coupled with freedom of the Press, and which it has the audacity to refuse exercise of by the Newspaper’s employees—was not lost on another mainstream newspaper, the Wall Street Journal, no less a mainstream newspaper—a “gatekeeper” ostensibly on “the right” of the political spectrum, but still a mainstream media newspaper just the same, representing the wealthy “nobility” in this Country. William McGurn, writing an Opinion, titled, “The NFL vs. the New York Times,” on Tuesday, October 17, 2017, quoting the NY Times editor, Baquet, at length, which the NY Times itself dared only to touch upon ever so slightly for its readers, noted the hypocrisy and doublespeak and smug self-assurance coming from the Times. “Mr. Baquet says ‘. . . In social media posts, our journalists must not express partisan opinions, promote political views, endorse candidates, make offensive comments or do anything else that undercuts The Times’s journalistic reputation. Our journalists should be especially mindful of appearing to take sides on issues that The Times is seeking to cover objectively. These guidelines apply to everyone in every department of the newsroom, including those not involved in coverage of government and politics. . . . We consider all social media activity by our journalists to come under this policy. . . . While you may think that your Facebook page, Twitter feed, Instagram, Snapchat or other social media accounts are private zones. Separate from your role at The Times, in fact everything we post or ‘like’ online is to some degree public. And everything we do in public is likely to be associated with The Times.” If this is the rationale for gagging a citizen’s right of free speech, it is a poor argument, as it denigrates the very idea inherent in a newspaper—the notion of factual reporting of events. It also denigrates the very notion of free expression, one of the essential legs upon which a free Republic—our free Republic—stands. Indeed, it is the very notion of critical comment and commentary that the American public has a right to demand. The New York Times’ owners and Editorial Board admit their fear of critical comment, commentary, and review. The New York Times’ owners and Editorial Board admit their fear of public consumption of opinions different from and contrary to their own. The New York Times’ owners and Editorial Board fear open and public and lively debate. All this the American public now hears from a newspaper that loudly proclaims the right of a Free Press, codified in the First Amendment to the U.S. Constitution—but, apparently, only so long as there exists one voice—that of the NY Times’ owners and Editorial Board which they would deign the American public to hear. Through this policy The New York Times’ owners and Editorial Board are telling their employees that the purpose of The New York Times goes far beyond the mere reporting of “All the News That’s Fit to Print,” far beyond the recitation of objective facts. The newspaper’s owners and Editorial Board has informed the American public, “clearly and objectively and accurately, that the newspaper engages in influence peddling and, more, that it will suffer no viewpoint on any subject other than its own, as dictated to it by its benefactors: the enclave of  incorrigible, intractable, ruthless, secretive, inordinately wealthy and powerful internationalist, trans-nationalist, globalist “elite,” both here and abroad, who seek to undercut the sovereignty of this Nation, who seek to undermine the supremacy of this Nation’s laws, and who seek to pervert and debase the sanctity of the natural and fundamental rights of this Nation’s citizenry.The New York Times’ new policy goes well beyond the import and purport of the Hatch Act that applies to Federal Government Bureaucrats. The Hatch Act of 1939 prohibits the vast Federal Government Bureaucracy from taking part in political campaign activities, but the Act does not prevent a Government Bureaucrat from expressing his own political or social or philosophical view on social media, on his or her own time, as that would be at loggerheads with the free speech clause of the First Amendment. Yet, the new policy of The New York Times' Editorial Board goes must further. For, here we have a mainstream newspaper, the fervent promoter of and benefactor of the Freedom of Press clause of the First Amendment, that dares to deny of its own employees the right of free speech—which also resides within the First Amendment to the U.S. Constitution—when those employees wish to exercise, outside of their employment in their capacity as American citizens, the right embodied in the First Amendment. Thus, The New York Times disparages and decries of others what it would monopolize for itself—the right to express an opinion. Clearly the Times Newspaper is not interested in protecting objectivity in reporting. It is only interested in controlling opinion and, when it comes to the Second Amendment, the NY Times intends to control opinion--to control the narrative--completely, even if the exercise of that control amounts to denying--denying of its own employees, in their capacity as citizens of the United States, and denying to those employees, hypocritically, as well as denying to those employees, unlawfully-- the very right of free speech, which it would jealously guard for itself.Apparently, The New York Times is taking its cue from Germany. In an article posted on June 30, 2017, titled, “Delete Hate Speech or Pay Up, Germany Tells Social Media Companies,”  NY Times Reporters, Melissa Eddy and Mark Scott, write:“Social media companies operating in Germany face fines of as much as $57 million if they do not delete illegal, racist or slanderous comments and posts within 24 hours under a law passed on Friday.The law reinforces Germany’s position as one of the most aggressive countries in the Western world at forcing companies like Facebook, Google and Twitter to crack down on hate speech and other extremist messaging on their digital platforms.But the new rules have also raised questions about freedom of expression. Digital and human rights groups, as well as the companies themselves, opposed the law on the grounds that it placed limits on individuals’ right to free expression. Critics also said the legislation shifted the burden of responsibility to the providers from the courts, leading to last-minute changes in its wording.Technology companies and free speech advocates argue that there is a fine line between policy makers’ views on hate speech and what is considered legitimate freedom of expression, and social networks say they do not want to be forced to censor those who use their services. Silicon Valley companies also deny that they are failing to meet countries’ demands to remove suspected hate speech online.Still, German authorities pressed ahead with the legislation. Germany witnessed an increase in racist comments and anti-immigrant language after the arrival of more than a million migrants, predominantly from Muslim countries, since 2015, and Heiko Maas, the justice minister who drew up the draft legislation, said on Friday, that it ensured that rules that currently apply offline would be equally enforceable in the digital sphere.”As a prime example of hypocritical, contradictory “doublespeak,” the Times Reporters, add this remark of Maas:“‘With this law, we put an end to the verbal law of the jungle on the internet and protect the freedom of expression for all,” Mr. Maas said. “We are ensuring that everyone can express their opinion freely, without being insulted or threatened.’“That is not a limitation, but a prerequisite for freedom of expression,” he continued.” What? Taking away a person’s right of free speech is to be equated with giving that person the right of free speech? Unless something was lost in translating the German into English, here, this remark by Heiko Maas is a contradiction in terms and the quintessence of bombastic absurdity. Maas should be ashamed of himself. Apparently, though, The New York Times felt there was something noteworthy in the remarks of Maas to the extent that The New York Times felt that Germany’s new National policy is worthy of adoption by the Times newspaper itself. Incredible! But, the absurdity fostered transcends well beyond the Times itself. As the newspaper reports, major publishing houses are hiring so-called “sensitivity readers”—at the moment directed to the writers of children’s books. In an article, published on December 24, 2017, titled, “In an Era of Online Outrage, Do Sensitivity Readers Result in Better Books, or Censorship?,” by Times reporter, Alexandra Alter, we are told that,“In today’s hair-trigger, hyperreactive social media landscape, where a tweet can set off a cascade of outrage and prompt calls for a book’s cancellation, children’s book authors and publishers are taking precautions to identify potential pitfalls in a novel’s premise or execution. Many are turning to sensitivity readers, who provide feedback on issues like race, religion, gender, sexuality, chronic illness and physical disabilities. The role that readers play in shaping children’s books has become a flash point in a fractious debate about diversity, cultural appropriation and representation, with some arguing that the reliance on sensitivity readers amounts to censorship. . . . Behind the scenes, these readers are having a profound impact on children’s literature, reshaping stories in big and small ways before they reach impressionable young audiences. Like fact checkers or copy editors, sensitivity readers can provide a quality-control backstop to avoid embarrassing mistakes, but they specialize in the more fraught and subjective realm of guarding against potentially offensive portrayals of minority groups, in everything from picture books to science fiction and fantasy novels. . . . Some see a downside to publishers’ growing reliance on sensitivity readers, and warn that it could lead to sanitized books that tiptoe around difficult topics. Skeptics say the heightened scrutiny discourages authors from writing about cultures other than their own, resulting in more homogenized literature. “Can we no longer read ‘Othello’ because Shakespeare wasn’t black?” the novelist Francine Prose wrote recently in an essay about sensitivity readers and censorship in The New York Review of Books."The NY Times' reporters, continue:

"Others have echoed that view, arguing that sensitivity readers might have derailed works like William Styron’s “The Confessions of Nat Turner,” Harper Lee’s “To Kill a Mockingbird” or Mark Twain’s “Adventures of Huckleberry Finn.” After the subject was covered in Slate, a writer for National Review fretted that “if ‘sensitivity readers’ are given the freedom to hijack authors’ visions, we’re going to lose some beloved works of art that we could have otherwise enjoyed.”

Is The New York Times’ “gag order” policy anything less than an attempt to censor opinion? Does not The New York Times impose its own sensitivity readers—its Editorial Board—on all ideas expressed. We are seeing, in this Country, an attempt to second-guess every written and spoken word. The American public is not the better but all the worse for it.This attempt by the Deep State and by the mainstream media to control guns, to control thoughts, to control actions is leading to societal upheaval, mass hysteria, pandemonium. Perhaps this is by design—an attempt to create volatility and confusion in order to weaken this Nation, to weaken its resolve, to weaken the Bill of Rights so that we, American citizens, will be ripe for takeover by the powers that seek to crush us into submission.

HOW FAR WILL THE NEW YORK TIMES AND OTHER MAINSTREAM NEWS ORGANIZATIONS GO TO TRAMPLE THE SECOND AMENDMENT TO THE U.S. CONSTITUTION, AS WE ENTER A NEW YEAR?

As this year draws to an end, The New York Times has commenced a series of articles, “The Home Front,” where the newspaper’s Editorial Board is calling for a major transformation of the Lautenberg Amendment, 18 USCS § 921(a)(33)(A)(i). What is the Lautenberg Amendment? Essentially the Lautenberg Amendment of 1996, following in the footsteps of the Violence Against Women Act of 1994, makes it unlawful for any person convicted of a misdemeanor crime of domestic violence to possess a gun. Here we have the NY Times Editorial Board writing an extensive series of articles on a law—subsumed under the Gun Control Act of 1968—that the Editorial Board knows little, if anything about, and seems to care even less of what it may know about, the law, but writes with presumed and presumptuous authority and certitude about a law as if it knows full well whereof it speaks. Yet, it knows nothing. Nonetheless, the NY Times Editorial Board skirts broad discussion of the actual law itself and yet writes extensively and boldly about why the law needs to be strengthened.The NY Times' Editorial Board should not be proselytizing to the American public on matters beyond its professional ability to explain and decipher. Actually, the Editorial Board should not be proselytizing to the American public at all, but certainly not on matters of law, especially those impacting fundamental Constitutional Rights. The Editorial Board, likely, does not include lawyers. Unfortunately, that doesn’t prevent, the Editorial Board from expounding upon the law. That it chooses to do so is illustrative of an overbearing pompous attitude exhibited in discussing legal matters. This pompous attitude adds to, rather than distracts from, this Newspaper’s condescending attitude toward its readers. The Editorial Board apparently believes it can successfully cloak its ineptitude concerning law and legal matters by cultivating an air of moral superiority when pontificating on matters involving firearms and on the exercise of the right to keep and bear them.The Editorial Board of the NY Times suggests—nay, demands—as seen in this series, which has yet to conclude, that the law—the Lautenberg Amendment—ought to be transformed. The Editorial Board would create a monstrosity, denying to millions of Americans their right to own and possess firearms.We will take to task in forthcoming articles on the Lautenberg Amendment in the New Year. We will provide you with the language of the Statute as it exists—something The New York Times will not provide for its readers. We will explain the meaning of the law as drafted and enacted, and will discuss problems with it, in the context of the Second Amendment and in the context of the Equal Protection and Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution as well. The law is poorly drafted. The New York Times would make a poorly drafted law even worse, as it calls on the public to blindly go where the newspaper leads it—to the edge of a cliff.Returning, for a moment, to the Yale a cappella group’s Wiffinpoof Song, consider, in light of the foregoing remarks set down in this essay:

WHO REALLY ARE THESE “BLACK LITTLE SHEEP IN THE WIFFINPOOF SONG WHO HAVE LOST THEIR WAY? ARE THE BLACK LITTLE SHEEP THOSE MEMBERS OF THE AMERICAN PUBLIC WHO HOLD TO TRADITIONAL VALUES, MORES, CODES OF CONDUCT, HISTORICAL PURITY—WHO VIEW THIS NATION AS THE FOUNDERS OF THE REPUBLIC, THE FRAMERS OF THE CONSTITUTION, ESTABLISHED—OR DO THEY INCLUDE THOSE PEOPLE WHO STAFF THE INSTITUTIONS OF THIS NATION: NAMELY AND PARTICULARLY, THOSE PEOPLE WHO STAFF THE  MAINSTREAM MEDIA; VARIOUS MEMBERS OF CONGRESS; THOSE PEOPLE WHO STAFF THE VAST BUREAUCRACY OF GOVERNMENT; AND NOT LEAST, THOSE CONFUSED AMERICANS WHO HAVE BOUGHT INTO THE CAREFULLY PLANNED AND ORCHESTRATED RUSE THAT NATIONALISM IS BAD, THAT OPEN BORDERS ARE GOOD; THAT ANYONE WHO BELIEVES HIM OR HERSELF TO BE AN ‘AMERICAN’ IS AN ‘AMERICAN’ EVEN IF THAT PERSON IS RESIDING HERE ILLEGALLY; THAT GUNS ARE EVIL AND THAT GUN BUYBACKS ARE GOOD; THAT GENDER IS NOT BIOLOGICAL AND ABSOLUTE BUT INFINITELY MALLEABLE, SO THAT A MAN IS A WOMAN AND A WOMAN IS A MAN AS ONE WISHES TO BE; OR, PERHAPS, NEITHER, OR PERHAPS, BOTH AT ONCE; AND THAT WE, AMERICAN CITIZENS, ARE NO LONGER TRULY CITIZENS OF THE UNITED STATES, BUT, RATHER, CITIZENS OF THE WORLD—ONE BIG, GLORIOUS HAPPY FAMILY, FIXATED ON MATTERS OF IMPORTANCE: SPORTS, ENTERTAINMENT, CLOTHES AND JEWELRY AND COSMETICS—THE DAILY DOSE OF SOMA TO KEEP A PERSON, HAPPY, CONTENTED, AND ASLEEP? PERHAPS, TO SOME EXTENT, BOTH ARE “BLACK LITTLE SHEEP”: AMERICANS WHO SEEK TO HOLD ON TO THEIR BIRTHRIGHT, WHO CHOOSE NOT TO “GET WITH” THE NEW PROGRAM, THE BRAVE NEW WORLD ORDER, ON THE ONE HAND, AND THOSE, ON THE OTHER HAND, WHO SEEK TO DEMOLISH THE RIGHTS AND LIBERTIES THAT THE FOUNDERS OF THIS NATION, OF THIS REPUBLIC, HAD SO LOVINGLY BEQUEATHED TO US, THE AMERICAN CITIZENRY? PERHAPS THIS NATION AND ITS CITIZENS AND THE IGNORANT, ILL-INFORMED AMONG US AND THE DEMON KIND WHO WISH TO RULE OVER EVERYONE AND EVERYTHING ARE ALL WELL LOST AND HAVE ALL GONE ASTRAY. PERHAPS IT IS MUCH TOO LATE FOR THIS NATION AND MUCH TOO LATE FOR ALL THE DENIZENS IN IT. IF SO, THEN, LET US ALL CHIME IN: “BAA, BAA, BAA!” BUT, WE HOPE ALL IS NOT LOST FOR US, TRUE AMERICANS, WHO SEEK TO PRESERVE OUR NATION AND OUR CONSTITUTION AND OUR CONSTITUTION'S MOST SACRED AND CRITICAL COMPONENT--THE BILL OF RIGHTS--WHO SEEK TO PRESERVE OUR NATION AND OUR CONSTITUTION AS ORIGINALISTS, TO UPHOLD OUR TRADITIONS, OUR VALUES, IN THE MODE OF THE FOUNDERS OF THIS GREAT NATION, IN THE MODE OF THE FRAMERS OF OUR CONSTITUTION. WE MUST CARRY ON; WE MUST PERSEVERE, AND WE MUST BE EVER WARY AND CAUTIOUS OF THOSE WHO TALK ABOUT CHANGING OUR NATION, CHANGING OUR CORE VALUES AND CORE TRADITIONS, CHANGING OUR HISTORY, "TO KEEP UP WITH THE TIMES;" FOR THESE ARE PSEUDO AMERICANS; THEY ARE THE BETRAYERS OF OUR NATION, THEY ARE BETRAYERS OF THE FOUNDERS OF THIS FREE REPUBLIC; THEY ARE BETRAYERS OF OUR CONSTITUTION AND OF OUR SACRED BILL OF RIGHTS. THEY USE AN ODD NOTION OF MORALITY TO CLOAK THEIR DESIRE TO TEAR DOWN THIS NATION STATE; TO DESTROY OUR SOVEREIGNTY; TO DESTROY OUR CONSTITUTION; TO DESTROY OUR NATURAL, FUNDAMENTAL RIGHTS AND LIBERTIES--RIGHTS AND LIBERTIES THAT EXIST IN US INTRINSCIALLY AS THEY COME TO US FROM THE CREATOR AND CANNOT THEREFORE BE LAWFULLY TAKEN FROM US BY GOVERNMENT. WE MUST PRESERVE AND STRENGTHEN OUR RIGHT TO SPEAK FREELY, TO PRESERVE AND STRENGTHEN OUR RIGHT TO KEEP AND BEAR ARMS, TO PRESERVE AND STRENGTHEN OUR RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES, TO PRESERVE AND STRENGTHEN OUR PERSONAL PROPERTY RIGHTS, TO PRESERVE AND STRENGTHEN OUR RIGHT TO BE LEFT ALONE. ALL THESE NATURAL, FUNDAMENTAL RIGHTS ARE UNDER CONCERTED ATTACK BY THE MAINSTREAM MEDIA AND BY THEIR FELLOW TRAVEVLERS IN CONGRESS AND BY THOSE BUREAUCRATS THAT LURK IN THE SHADOWY CORNERS OF GOVERNMENT, UNSEEN AND UNHEARD, AND BY THE SECRETIVE AND RUTHLESS INTERNATIONALIST, TRANS-NATIONALIST ROTHSCHILD CLAN AND BY THEIR TOADIES IN THE UN AND IN THE WTO, IMF, WORLD BANK AND IN OTHER "INTERNATIONAL" ORGANIZATIONS--EVER SCHEMING BEHIND CLOSED DOORS TO INCORPORATE THIS NATION INTO THE EU AND EVENTUALLY TO DISMEMBER ALL WESTERN NATION STATES, MERGING AND SUBMERGING THEM INTO A NEW WORLD ORDER, PRESIDED OVER BY A COLD-HEARTED WEALTHY AND POWERFUL RULING "ELITE," DICTATING POLICY TO WE, THE NEW SERFS OF THAT NEW WORLD ORDER, WHO HAVE NO RIGHTS, NO LIBERTIES, SAVE THOSE THAT THE RULING "ELITE" DEIGN TO GRANT TO US AND WHO MAY, ON A WHIM, TAKE FROM US.

The Arbalest Quarrel seeks to awaken the American public from its slumber. As always, and most importantly, the Arbalest Quarrel will set the record straight on matters involving this Nation’s most sacred right—the right of the people to keep and bear arms, as codified in the Second Amendment to the U.S. Constitution. In 2018 we will press for enactment of national handgun carry reciprocity and propose our own language to avoid attempts by some States to ignore the national handgun carry reciprocity if, or, hopefully, when, enacted. We will explore the qualifications of certain individuals we would like to see on the U.S. Supreme Court, and we will continue with our detailed expositions of Federal and State firearms legislation and of Federal and State case law impacting on the Second Amendment. We will return to completing series we had commenced writing on in 2017 and in previous years. We have a lot of work to do, and much to accomplish.Antigun groups and antigun legislators are not sitting idly by. They intend to destroy the Second Amendment. But, like brave Horatio at the Bridge, the Arbalest Quarrel intends to stop these anti-American groups and anti-American people. But, we intend to do much more. We intend to take the fight to them, strengthening the Second Amendment, along with and in conjunction with the critical work NRA does on behalf of Americans.We will never give up our values, our history, our traditions, our Bill of Rights!Our articles and our essays stand as a testament to our commitment in support of our Bill of Rights and, especially, in support of our sacred Second Amendment. Please feel free to explore our site at www.arbalestquarrel.com. We encourage you to join our list of readers. It is easy to add your name to our list. You will receive immediate notification of the posting of our articles. There is no cost to you.We all have our work cut out for us. But, together, taking nothing for granted, and working hard to preserve and strengthen our Bill of Rights, and supporting our President in this effort, we can succeed in holding our Nation together, in the vein the Founders of our Republic intended. Won’t you join us?_________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE MAINSTREAM MEDIA ATTACKS GUNS AS HOLIDAY GIFTS; SUGGESTS INSTEAD GIFTING OR SELLING A FIREARM TO THE POLICE: FINE IN AUSTRALIA, BUT NOT IN AMERICA.

TRUCKS AND TRAINS AND AUTOMOBILES; GUNS AND KNIVES AND SISSORS; BOMBS AND FIREWORKS AND OTHER EXPLOSIVE DEVICES; HAMMERS AND AXES AND SAWS: WHERE DOES EVIL LIE? SURELY, NOT IN THE THING ITSELF BUT IN THE SENTIENT BEING THAT CONTROLS IT.

“A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that.” The Gunfighter Shane’s mild rebuke to Marian Starrett, wife of the rancher, Joe Starrett, head of the Starrett household, whom Shane protects from a ruthless cattle baron and from the cattle baron’s hired henchmen. ~ From the 1953 American Western Classic, “Shane.” Periodically, the mainstream media refocuses its attention on the Second Amendment and on firearms in its single-minded, obsession with—and goal to rid society of, as it sees it—the scourge of guns. Even during the Holiday season, the American public is not spared the mainstream media’s spewing of venomous and nonsensical vitriol toward an inanimate object.Notwithstanding the absence of its favorite pretext for attacking civilian ownership and possession of firearms—namely, a psychotic lunatic, or psychopathic criminal, or rabid terrorist, committing a reprehensible act of violence with a firearm or with some other implement—the mainstream media’s attack on civilian ownership and possession of firearms continues unabated. And, even when the psychotic lunatic or psychopathic criminal or rabid terrorist does violence by means other than with a firearm—say, through use of a truck barreling down on innocent individuals, or through use of a knife, or by setting off a bomb—still, it is the “gun” that is invariably singled out for denunciation; for it is the “gun” that the mainstream media, on behalf of its shadowy internationalist, trans-nationalist, globalist benefactors, vilifies as the worst of the “demon-kind.” The “gun” is forever perceived by the mainstream media as the convenient scapegoat even if the sentient miscreant happened to utilize another implement in attacking the innocent.Recall that, on October 31, 2017, an Islamic terrorist, Saifullo Saipov, an immigrant from Uzbekistan, proclaiming allegiance to Islamic State, committed murder. Saipov isn’t a citizen of the U.S. He arrived here through the Diversity Visa Program, which President Trump has said he will shut down. At some moment in time, Saipov decided how nice it would be to kill Americans. Apparently, murdering Americans is how Saipov shows his appreciation of having been given the opportunity to reside in our Country. This is how he repays America.Renting a pickup truck, Saipov hopped a curb in New York City, and, careening down a bike path at great speed, mowed down several people, killing eight and seriously injuring eleven others before crashing the vehicle into a school bus. Many of the dead and injured weren’t even Americans. They were citizens of Belgium and Argentina. They were dead all the same.The New York City Mayor, Bill de Blasio, speaking at a news conference, after the incident, expressed regret at the incident. How nice of the Mayor to do so. Bill de Blasio referred to Saipov’s crime as an act of terrorism but avoided use of the prefix, ‘Islamic,’ when referring to this species of terrorism. That he failed to tie the word, ‘Islamic,’ with the word, ‘terrorist,’ in his remarks about the incident, was deliberate, not accidental. Governor Andrew Cuomo, for his part, also weighed in at the news conference. Taking the podium, Cuomo—expressing his regret at the loss of innocent lives and extending his condolences to the families of those whose lives were so rudely and violently and suddenly taken—swerved inexplicably, incongruously, and discordantly, into a polemic on the need for the Nation to rid itself of guns. Did we miss something, here? Saipov didn’t use a firearm in his attack on innocent souls. He used a truck. Didn’t Cuomo know that? How could he not know that? Why did Cuomo suddenly bring up the subject of “guns”?Saipov, using a rented pick-up truck like a bowling ball, attempted to knock over—like so many “ten pins”—as many people as he could, and he succeeded in doing so—murdering eight, and severely injuring twelve others. Since Saipov used a truck to murder innocent people, why did Cuomo mention guns at all, during the news conference? Perhaps, Cuomo didn’t wish to waste an opportunity to mention his abhorrence toward firearms. So, then, he would he would blame the firearm for the violence that Saipov inflicted on hapless individuals. Perhaps, Cuomo thought, that, with time, the public would connect Saipov’s violent act with gun use, even though it was with a truck, not a firearm, that this demented individual violently attacked innocent people.But, Cuomo’s remarks about guns at the news conference is noteworthy for another reason. Consider: it would be odd to equate a truck with violence. After all, a truck is an inanimate object. It is the person behind the wheel who bears responsibility for harm done through use of a truck. Similarly, a gun is simply an inanimate object. It is the intent of the person who wields the firearm that is responsible if harm be done with it. Yet, being constantly, incessantly, bombarded with remarks about the “evil” of guns, the American public is blinded to the fact that guns are not “evil” at all. Just as there is nothing innately dangerous about trucks or cars, or knives or hammers, or axes or saws, there is nothing innately evil about guns. We do not hear news reports about “evil automobiles,” or “evil knives,” or even “evil explosives.”In and of themselves objects are not evil. It is the intent behind the use of the object where lurks evil. Yet, when Saipov committed a truly horrific act of murder and attempted murder behind the wheel of a rented pickup truck, we did not hear either de Blasio or Cuomo describe the resulting horror as due to the machinations of the truck itself. Yet, whenever a person commits a horrific act with a firearm, the public is instantly and incessantly bombarded with sensational headlines about the “evil gun” and the need to curb civilian access to guns. Often, the killer himself, plays second fiddle as airtime is given over to discussion about the guns utilized, in a crime, as if the true killer were the gun itself, and the sentient killer merely the abettor of the crime, committed directly by the “gun.” We rarely hear of the mainstream media referring to an instance where an individual defends him or herself with a firearm or defends the lives of other innocent individuals with a firearm. When an individual does defend self or innocent others with a firearm, the mainstream media downplays the significance of it, lest that fact undermine and weaken the narrative, namely that the gun creates violence; the gun does not guard against it.More recently, another Islamic terrorist, Akayed Ullah—this one who happened to be a citizen of Bangladesh—but apparently residing in this Country legally—attempted, unsuccessfully, to set off a homemade pipe bomb in a New York City subway. The bomb did detonate but not with the impact Ullah expected, intended, wished for. The botched detonation merely wounded the terrorist, but injured a few innocent New York residents as well. Once again, Mayor de Blasio, when speaking to the public, refrained from referring to the attack as an act of Islamic terrorism, even though Ullah had pledged allegiance to Islamic State, as did Saipov. In fact, de Blasio even refrained from applying the appellation, ‘terrorist,’ to the word, ‘attack,’ in order to deny that a ‘terrorist attack’ had even taken place. Rather, the Mayor referred to Ullah’s actions as an “attempted terrorist attack” even though the act of terror did, in fact, take place.  There is, in fact, nothing to suggest the attack was merely “attempted.” Ullah intended to set off an explosive device and he did set off an explosive device, and he did harm innocent subway riders waiting for a train, as well as himself, through his actions in setting of an explosive device that he had constructed for the specific purpose of murdering innocent people. The fact that Ullah’s explosive device didn’t do as much damage as he had hoped, as he had intended, still, Ullah did carry out his action. Ullah did set off the device and the device did harm innocent NYC residents. Yet, the Mayor shrugged off the attack, asserting, “The choice of New York is always for a reason, because we are a beacon to the world. And we actually show that a society of many faiths and many backgrounds can work. . . . The terrorists want to undermine that. They yearn to attack New York City.” The mayor’s feel good pronouncement is ridiculous. The point is irrelevant. You would think de Blasio would have concluded his remarks by offering support to Donald Trump’s attempt to curtail migration of refugees from Islamic Countries in view of the threats posed to this Country by practitioners of radical Islam. Yet, Bill de Blasio seems blasé over threats to our Nation’s citizenry posed by these denizens of Islam.We see this dismissive, callous, cavalier attitude to threats posed by Islamic terrorists toward citizens of other Western Nations echoed in the remarks of leaders of the EU as well. Yet, Islamic terrorism is real; it is virulent; it is constant. Either we get a handle on it or we can expect ever more frequent attacks, as in the Nations comprising the EU.It is odd that local, State, and National Democratic Party leaders expect the American public to shrug off the danger of Islamic terrorism as leaders expect the same of the citizens of the EU, even though federal, State and local Government in the U.S. can and do pinpoint and have pinpointed danger to specific types and categories of people, whom this Country can and should rid itself of, but doesn’t. We could take concrete steps to remove riffraff from society. This riffraff includes members of drug cartels and other criminal gangs—many of whom reside in this Country illegally—and anyone espousing loyalty to our sworn enemies, namely those who espouse murder in the name of Islam.Congress and the mainstream media and many others with a “liberal” bent go easy on the very creatures that would destroy us all. Yet, on the issue of firearms—a fundamental, natural right of American citizens, codified in the Second Amendment to the U.S. Constitution—these same Party leaders along with the mainstream media and many others of a similar vein, demonstrate intolerance and disdain toward—in fact, they exhibit a virulent, vile wrath toward firearms. They condemn a firearm in the hands of a law-abiding, rational, responsible citizen, even though, strong statistical evidence supports a finding that a firearm, in the hands of responsible citizens, remains the single best defense against threats to individual American citizen and remains, too, as the best means available for the citizen to protect the body politic. So it is that, with a disturbing lengthy lull in mass gun violence and, lest the American public forget who “Public Enemy Number One” is, the mainstream media feels the need to remind the American public of that enemy.We are told, by these leaders of Democratic values that the greatest threat to “Liberal Democracy”—an expression used often by the “elites” in the EU—exists not in the wave of illegal immigrants, nor in the wave of refugees from Islamic Countries, but, rather, due to the American citizen’s “obsession” with firearms and concern over the continued viability of the Second Amendment to the U.S. Constitution.In two opinion pieces, appearing back-to-back in the New York Times, one published on December 15, 2017, titled, “How to Get Rid of a Gun,” by Carol J. Adams, an author and feminist, and the other, published on December 16, 2017, by the editorial Board, titled, “Melting Guns Into Tools as Sales Boom,” the reader is led, once again, to believe that the best thing one can do for him or herself, this Christmas, is to trade in a gun for cash—receive pennies on the dollar for a firearm—that, one can rest assured, the police will destroy for the good of society. Both articles hark back to the Newtown, Connecticut tragedy.

THE GUN “BUYBACK”: SILLY IN THE CONCEPTION; CONDESCENDING TO AMERICANS IN THE APPLICATION

Of course, “gun buyback” programs on the local governmental level do not work if the purpose is to remove guns from society. It is akin to a Bank teller, taking upon himself, the task of removing from circulation a few worn federal reserve notes he comes across, to be wrapped up and sent to the mint for incineration, to be replaced with fresh, crisp, new federal reserve notes, believing that removing a few worn bills, among millions in circulation, will accomplish anything productive. It is ludicrous to contemplate. The same is true with gun buyback programs. So, why have them?Carol Adams asserts, in her op-ed, in response to her own question— “what does a gun buyback accomplish” — “Some studies claim that it reduces gun violence; others disagree.” She continues, “nevertheless it gives peace of mind to people who don’t want their guns anymore—and who don’t want their guns to be used in a crime.” Really? Contrary to Carol Adams’ supposition, gun buyback programs don’t reduce gun violence. Those who orchestrate these gun buyback programs promote them as something positive for society; but, these gun buyback programs are subversive to American values and demeaning to the gun owner as well.Consider Carol Adams' declaration that gun buybacks "give peace of mind to people to people who don’t want guns anymore." Is that so? The truth of the proposition is doubtful. The fact of the matter is that gun buyback programs are suffused with condescension toward the American public. Consider: a lunatic commits heinous acts with a firearm—or with any other implement for that matter—and, somehow, that taint of horror rubs off on the ordinary American. Gun buybacks—so saccharine sweet tasting on the surface—leave a sour aftertaste. Gun buyback programs destroy one’s own sense of self-worth and one’s own sense of self-esteem and one’s own sense of personal responsibility. Gun buybacks cause one to doubt one’s ability to trust one’s self. Indeed, those who design gun buybacks do so with the intent to sow seeds of doubt in one’s own ability to control his or her emotions. Having a gun in one’s possession is deemed retrograde, evil. One is deemed a reprobate who would dare keep one. Those who possess guns are made to feel guilty for having them in their possession.In the second article, published December 16, 2017, the Editorial Board of the NY Times, declaring its antipathy toward those Americans who have purchased firearms as Christmas gifts, wrote:“Not to crimp such holiday cheer, but the police department in New Haven, Conn., plans a small biblical twist to America’s avid gun culture: a gun buyback on Saturday in which prison inmate volunteers will transform surrendered weapons into gardening tools to be provided to schools so students can plant and harvest vegetables for soup kitchens.This takes the swords-into-plowshares dictum to a creative new level. The police running the buyback promise to ask no questions of anyone turning in a weapon. In return, they offer gift cards worth $25 per small, Derringer-like handgun. Rifles and shotguns come in at $50 each, pistols and revolvers at $100, and high-powered assault weapons are the most prized here, too, at $200.The police worked out the buyback in cooperation with RAWtools Inc., a gun safety program that specializes in breaking apart firearms and reforging gun barrels into safer things, and the Newtown Foundation, created after the massacre of 20 schoolchildren and six staff members five years ago at Sandy Hook Elementary School in Newtown.No one expects drastic results in crime statistics. But buybacks are considered important by police officials in various cities for getting some guns off the streets and out of owners’ badly secured homes. They are a tangible commitment to gun safety, particularly as elected politicians prove largely useless on the subject. Over the past six years, the New Haven police have collected nearly 700 guns in buybacks, run at government expense, in which the firearms were broken apart and discarded."This article by the New York Times Editorial Board is absurd on multiple levels. First,  as alluded to, supra, voluntary gun buybacks are inane if the idea is to reduce guns in the hands of millions of law-abiding, responsible American citizens who are not under disability, who choose to exercise their right to keep and bear arms under the Second Amendment, or if one is talking about guns in the hands of criminals. In order for a gun buyback program to be effective in reducing the number of guns in circulation, gun buyback programs would have to be compulsory, applied against individuals on a national level. This occurred in Australia, during implementation of the Country’s infamous, National Firearms Act.  “The buyback program's effect was to reduce Australia's firearms stock by around one-fifth, or more than 650,000 firearms, which amounts to the government buying back 3,500 guns per 100,000 people. If these numbers were applied in the United States, the buyback program would equal the destruction of 40,000,000 firearms. Australia's gun buyback ranks as the largest destruction of civilian firearms in any country over the period of 1991-2006. . . . Another gun buyback was enacted in 2003 through the National Handgun Buyback Act, resulting in the surrender of about 70,000 handguns and more than 278,000 parts and accessories that did not comply with the new restrictions.” Note: "We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution," 24 Cardozo J. Int'l & Comp. L. 657 (Spring 2016) by Jonathan Weg, candidate for Juris Doctor, Benjamin N. Cardozo School of Law, May 2016, and Staff Editor for the Cardozo Journal of International and Comparative Law.Removing guns from the hands of millions of law-abiding Americans would do nothing, concomitantly, to reduce gun violence since criminals would continue to obtain guns. National gun confiscations schemes would simply leave millions of law-abiding American citizens defenseless. Antigun groups and antigun legislators would have no quarrel with this. Neither would criminals. The overt reason for Governmental gun buyback programs, whether compulsory or voluntary—at least the reason usually if not invariably given—is to reduce gun violence. However, the tacit, and real reason for Governmental gun buyback reasons is to constrain ownership and possession of firearms by ordinary citizens. Second, if the purpose of gun buybacks is to reduce the number of guns in circulation among millions of law-abiding American citizens, then, to be effective, gun buyback programs would have to be compulsory. The problem is that a national gun confiscation scheme is patently illegal in this Country. Apart from the fact that compulsory gun buyback programs clash with the right of the people to keep and bear arms as codified in the Second Amendment to the U.S. Constitution, which is obvious, compulsory gun buyback programs also clash with the takings clause of the Fifth Amendment to the U.S. Constitution and with the due process clauses in both the Fifth and Fourteenth Amendments to the U.S. Constitution—clashes that may not seem as intuitively true, but that amount to Governmental actions at odds with the fundamental rights of American citizens nonetheless.Governments around the world—regardless of the nature of political rule over the citizenry—that attempt mass firearms confiscations do so to preclude Government accountability. Guns in the hands of citizens keeps Government honest. It is the only effective safeguard against tyranny and, at bottom, this is the salient reason the framers of the U.S. Constitution codified the right of the people to keep and bear arms in the U.S. Constitution. This is clear and irrefutable and the main obstacle for antigun groups and antigun legislators who seek to reduce firearms’ ownership and possession among the American citizenry.Spokespeople for the antigun groups have argued that law-abiding American citizens would surrender their firearms en masse if the Federal Government so ordered a nation-wide confiscation of firearms—be such confiscation ordained through Congressional Statute or Executive edict. After all, mass gun confiscation worked in Australia. It would not, however, work here. Likely, the attempt would bring about a call-to-arms among the citizenry. The American citizenry would revolt. And that revolt would be with the blessing of the founders of our Republic._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

HEARING OF THE U.S. SENATE COMMITTEE ON THE JUDICIARY ON NICS REPORTING AND FIREARM ACCCESSORY REGULATION

WHAT IS THE GOAL OF CONGRESS: TO REPAIR AND IMPROVE NICS REPORTING REQUIREMENTS OR TO TURN NICS INTO A MASSIVE FIREARMS REGISTRATION SCHEME?

"The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes. . . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." ~ Thomas Jefferson’s Literary Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774—1776On Wednesday, December 6, 2017, the United States Senate Committee on the Judiciary, presided over by Chairman Chuck Grassley, R-IA, held a three-hour Hearing on firearms, titled, “Firearm Accessory Regulation and Enforcing Federal and State Reporting to the National Instant Criminal Background Check System (NICS).” The full Committee attended. That included the Ranking Democratic Member of the Committee, and virulent opponent of the right of the people to keep and bear arms, Dianne Feinstein, D-Calif.  CSPAN televised the Hearing.Two panels convened. The first one included senior officials of the ATF, FBI, the Secretary of the U.S. Air Force, and the Inspector General of Department of Defense. The second panel convened included, inter alia, a survivor of the Las Vegas mass shooting tragedy, Heather Gooze, who was the first to speak; two Second Amendment legal experts, David Kopel and Stephen Halbrook; and the Montgomery County Chief of Police and Major Cities Chiefs Association President, J. Thomas Manger.The two mass shooting incidents—one occurring during the Harvest Music Festival in Las Vegas, Nevada, on October 1, 2017 and the second occurring at First Baptist Church in Sutherland Springs, Texas, roughly one month later, on November 5, 2017—served, evidently, as the impetus for and the backdrop for this Hearing. The Senate Judiciary Committee focused its questioning of the first panel on: one, the mechanics of criminal and mental health reporting requirements, two, the sharing of data or lack of sharing of data between State and federal police agencies, and, three, the failure of Governmental agencies, both federal and State, to maintain accurate, reliable, and complete databases on those individuals who are not permitted to possess firearms. The Senate Judiciary Committee focused questioning of the second panel on firearms—semiautomatic rifles—that the killers, Stephen Paddock and Devin Patrick Kelley allegedly utilized to murder innocent people.The purpose of this article is not to delve into the interstices and intricacies of the Senate Hearing but to inform the American public of the fact of it and the specific concerns addressed during it that cast in high relief the dangers posed to preserving the sacred right embodied in the Second Amendment.Antigun proponents, through their Congressional representatives—Senate Democratic Party members of the Senate Judiciary Committee, including ranking Democratic Party member, Dianne Feinstein, and her principal cohorts, Patrick Leahy, Richard Blumenthal, Dick Durbin, and Sheldon Whitehouse, among others—wish to move the National Instant Criminal Background Check System (NICS) and other criminal and mental health databases into an efficient and massive and broad digital firearms registration scheme, embracing more and more individuals and incentivizing the military and the States to add comprehensive criminal and mental health data into NICS and other databases. Through this Hearing, and through recent comments of antigun proponents in news broadcasts, we see renewed efforts by antigun proponents, stoked by the recent mass shooting incidents—to weaken the Second Amendment beyond past efforts. Emboldened, we see efforts afoot by antigun proponents to transform NICS and other federal and State databases into a comprehensive digital firearms’ registration scheme, wrapping it into a more restrictive, draconian criminal and mental health background check scheme.If successful, these efforts by the antigun movement would infringe not only the basic, natural and fundamental right of the people to keep and bear arms, embodied in the Second Amendment, but would also infringe the fundamental right embodied in the unreasonable searches and seizures clause of the Fourth Amendment, and infringe, too, the Takings Clause of the Fifth Amendment. And, the antigun movement does not stop there. Not content to ban some semiautomatic firearms—that Federal Statute (the Federal Assault Weapons Ban (AWB)) at one time, defined certain semiautomatic firearms as ‘assault weapons,’ until the AWB expired in 2004, and which several States, with their own assault weapon ban statutes, in full force, presently prohibit—the antigun movement now seeks to ban all semiautomatic firearms.There are efforts afoot to enact federal law not unlike the National Firearms Act of 1934 (NFA). Under the NFA, the ATF heavily regulates civilian ownership and possession of from possessing fully automatic machine guns and submachine guns and selective fire assault rifles. And, the civilian population is prohibited altogether from owning newly manufactured fully automatic weapons.So, even as the House in recent days passed the Concealed Carry Reciprocity Act of 2017 (H.R. 38), a bill that strengthens the Second Amendment, which now goes to the U.S. Senate for consideration, we see--in stark contrast and contradistinction to pro-Second Amendment efforts to strengthen the right of the people to keep and bear arms--efforts by antigun Legislators mobilizing and gearing up to dispossess American citizens of semiautomatic firearms—all semiautomatic firearms, not merely those bizarrely categorized as ‘assault weapons.’ Antigun proponents evidently feel that they can hoodwink the American public, given the recent mass shooting incidents—which they use to their advantage—as they work unceasingly toward their ultimate goal to dispossess all Americans, eventually, of their firearms.During the questioning of the first panel, senior Officials of the Federal Government admitted that the NICS system was incomplete and faulty. The reason for this is that the military, especially, but also the States, have been remiss in entering data pertaining to individuals convicted of crimes that preclude these individuals from possessing firearms. Senator Ted Cruz, in his opening remarks, also made the pertinent point that individuals who falsify information to obtain a firearm have violated federal law, but that these crimes are rarely prosecuted and, so, all too often go unpunished.Falsifying information to obtain a firearm when an individual is not permitted to possess a firearm is a serious crime. 18 USCS § 922(a)(6), titled, “Unlawful acts” sets forth clearly, categorically, and unequivocally that: “it shall be unlawful for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter.” Senator Cruz was making the point, albeit tacitly, that laws that have no legal consequences do not amount to laws at all. Enforcement of federal firearms laws is lackadaisical at best, a point often made by NRA and a point perfunctorily ignored by antigun proponents whose real goal, after all, is to go after the millions of law-abiding gun owners, even as they profess to express concern over those individuals, alone, who are absolutely prohibited by law “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign  commerce.” See United States Code, 18 USCS § 922(g) and 18 USCS § 922(n), titled, “Unlawful Acts,” as set forth in Title 18, “Crimes and Criminal Procedure,” of Part I, “Crimes,” of Chapter 44, “Firearms.”During the hearing, Legislators on the Judiciary Committee uniformly expressed concern over faulty federal NICS record-keeping and they requested, from the panel of senior Government officials, an explanation for the failure of these Government Offcials to keep the criminal databases up-to-date. But, it is one thing to repair the NICS record-keeping system; it is quite another to contemplate dumping ever more people into it, essentially, eventually, encapsulating minutia of mental health details of every American, along with details of every infraction committed by every American during every period of his or her life—every spat between husband wife or boyfriend and girlfriend, and an accounting of every instance, every bout of depression or anxiety an American citizen at one time or another may have had. Democratic Party members of the Judiciary Committee—alluded to expanding NICS and other criminal and mental health databases into a comprehensive and permanent digital—as opposed to merely manual—database of every firearm’s transaction and tying that to and in tandem with a universal background check schema.Clearly, the aim of the Democrats on the Senate Judiciary Committee is, then, more ambitious and grandiose than merely repairing a faulty NICS system. We are headed toward a universal registration system if antigun proponents have their way. Every firearm owner becomes suspect. Hence, every American, who owns a firearm must be carefully screened, and those licensed and therefore “privileged” to own and possess a firearm, will be carefully and continuously observed for signs of anti-social behavior, predicated on subjective standards of assessment. The implication of a universal criminal and mental health background check system tied into a permanent NICS databases are dire from the standpoint of Constitutional privacy concerns.Then, there are the firearms themselves. During the questioning of the second panel, it became clear that it wasn’t Stephen Paddock or Devin Patrick Kelley who were being castigated for the horror they caused. Rather, it was the semiautomatic weapons that were the target of and the focus of the Senators' ire--those Democratic Party members who sit on the Senate Judiciary Committee.One speaker on the second panel, who was the first to speak, was a young woman named Heather Gooze. She detailed her personal experiences during the Las Vegas shooting episode and resulting carnage. This survivor’s anguished account of holding and attempting to aid and comfort a dying stranger, who had been shot by Paddock, was poignant, graphic, heart-rending, heartfelt, and deepfelt, as it was meant to be—but, for all that, it was also irrelevant. The fault for the tragedy in Las Vegas was not laid at the feet of the maniac, Stephen Paddock, the sole cause of the carnage—assuming there were no others that abetted Paddock. No! The fault for the crime is laid on inanimate objects—the weapons Paddock used in the commission of his heinous acts. But, if civilian access to an entire category of weapons, semiautomatic rifles, in common use by millions of law-abiding, sane, responsible Americans, is to be curtailed, then, those who would ban civilian possession of semiautomatic weapons  must propound sound legal and logical arguments in support of their case. Arguments amounting to emotional rhetoric, however endearing and heartfelt and honest they may be, are not rational substitutes for sound reasoning.What was on display during the Hearing, was unabashed grief and anger. That is what we heard from the young woman, Heather Gooze: a plaintive and soulful, if tacit, cry for a universal ban on semiautomatic weapons, and that is what the Senators on the Judiciary Committee got from her. This appeal to sympathy for one's cause, derived from heartfelt pain, is representative of a common fallacy. It's one an undergraduate college student learns about in a course on informal and formal symbolic logic. The Latin expression for this informal fallacy is argumentum ad misericordiam (argument from pity or sympathy or misery, or compassion). The fallacy of argumentum ad misericordiam is committed when pity, or sympathy, or compassion, or misery is appealed to for the sake of getting someone to accept a conclusion predicated on emotion, alone, sidestepping the salient issue.Appealing to pity, compassion, or sympathy, or misery avoids dealing with the pertinent legal questions. The pertinent legal question here is this: do semiautomatic weapons fall within the core of the Second Amendment’s protection? Antigun proponents use the argument from pity incessantly to sidestep this legal issue—the real issue—because they do not wish to hit the issue head-on. Appealing to sympathy or pity, or misery, or anger operates as a convenient substitute for cogent and sound legal and logical reasoning. It is unfortunate that the U.S. Supreme Court has, at least twice, decided not to take up the issue whether semiautomatic weapons do fall within the core of the Second Amendment’s protection, as appellants in the cases failed to garner four votes necessary to secure high Court review. See, Friedman vs. City of Highland Park, Illinois, 784 F.3d 406 (7th Cir. 2015), cert. denied, 136 S. Ct. 447, 193 L. Ed.2d 483 (2015); and, recently, Kolbe vs. Hogan, 813 F.3d 160 (4th Cir. Md., 2016), cert. denied, 2017 LEXIS 7002. The Arbalest Quarrel has written extensively on both these cases.The legal and logical weaknesses of the antigun proponent’s position, apropos of semiautomatic weapons, would be all too apparent were they to try to evince an argument. The public is hit with emotional rhetoric and pious sentiments, instead. Such emotional outrage has clout, even as it is devoid of substance. Heather Gooze used it to good effect during the Hearing. Her testimony before the Senate Judiciary Committee was as much a plea for action from the public as it was a plea for action from the Senate. No doubt, that was the reason she was invited to speak before the Committee at this public Hearing.Antigun proponents invariably take the argumentum ad misericordiam out of their sack of tricks whenever a tragedy involving the misuse of firearms occurs. They know that tragic events tug at the heartstrings of anyone who has a modicum of compassion in his or her heart, which are the majority of us—and which do not include psychopaths, who have no inkling of and therefore have absolutely no understanding of the concept of compassion. And, these individuals, who lack a modicum of compassion include, as well, common criminals who might understand the concept but simply don’t care since a consideration of compassion during the commission of a crime interferes with their personal selfish ends.Appealing to sympathy as an argument to dispossess millions of law-abiding firearms owners of their firearms operates as a useful makeweight, a convenient scapegoat, for antigun proponents, allowing antigun proponents to avoid factoring in the complex legal, logical, historical, cultural, and ethical ramifications of taking firearms away from millions of sane, rational, honest Americans. Essentially the antigun proponent’s argument, in various forms and permutations, boils down to this:“semiautomatic ‘assault weapons’ are weapons of war and have no legitimate use in civilian hands other than to commit murder and to do so on a large scale. And, manufacturers market these weapons to the entire civilian population which includes, then, mentally ill individuals and criminals who should not have them. These weapons have incredible firepower and no legitimate civilian use. Just look at what happens when a poor, deluded person gets hold of this ‘weapon of war.’ Just look at the harm he calls. Anyone who has a heart at all should see that semiautomatic assault weapons will only cause bad things to happen and will cause good people to do bad things. If you don’t want to see an innocent child, a vulnerable woman, a weak old man harmed—and what caring, compassionate human being does—then you will agree with us that there is no place for these ‘weapons of war’ in a civilized society, and you will write or call your Congressman or Senator, asking your Legislator to enact legislation that permanently bans these awful weapons of war, to ban them for the good of society so that no other person will ever suffer the needless tragedy that these weapons of war cause.” Well, if there is a sound reason for banning semiautomatic weapons from civilians, this isn’t it. Apart from appealing solely to one’s emotions, the argument embraces false assumptions, hyperbole, and irrelevant considerations. And, if you think our illustration of the fallacy of argumentum misericordiam amounts itself to a fallacy—the straw man fallacy, as some, who challenge our position, may claim—it does not. The remarks, concerning semiautomatic weapons as ‘assault weapons’ and ‘weapons of war,’ “weapons that have no legitimate civilian use,” and the notion that firearms manufacturers market these “weapons of war” to criminals and to the mentally ill are not suppositions the Arbalest Quarrel has invented to illustrate an argumentum misericordiam, for the purpose simply to knock down a straw man. No! These remarks are not our invention at all. These remarks, purporting to be arguments against civilian possession of firearms, are utilized constantly, incessantly by antigun proponents. And, more to the point, these remarks, as set forth in our example, comprise, in part, allegations taken from an actual formal legal pleading—namely and specifically the First Amended Complaint of the Soto Plaintiffs, in Soto vs. Bushmaster Firearms International, LLC., 2016 Conn. Super. LEXIS 2626; CCH Prod. Liab. Rep. P19,932. The Arbalest Quarrel has written extensively on this case and continues to write articles about it. See, for example, our in-depth article, titled, “Soto vs. Bushmaster: Antigunners Take Aim at Gun Manufacturers.” We also wish to point out that a detailed account of one’s personal experiences, as related to the reader or listener—those of Heather Gooze, during the Senate Hearing—amount to a series of declarations that have no appreciable epistemic value. In other words, her account of the tragedy in Las Vegas, that occurred during the Harvest Music Festival, is not the sort of thing that one can reasonably challenge, or that need be challenged, or is expected by anyone to be challenged, as false.The Arbalest Quarrel accepts the account of Heather Gooze, as related at the Senate Hearing, as true, and does not quarrel with it. There is no reason to. There is no reason to consider her personal account as false. We say this because the remarks of Heather Gooze have no concrete epistemic value on the salient issue whether semiautomatic weapons fall within the core of the Second Amendment. Her remarks or declarations of events as she experienced them at the Harvest Music Festival do not serve as a sound reason for banning semiautomatic weapons from the millions of average, law-abiding, rational, responsible American citizens who own and possess them, notwithstanding that the Democratic Party Senators on the Judiciary Committee happen to believe the account of Heather Gooze to be relevant to the issue whether semiautomatic weapons are the sorts of firearms that properly belong in the hands of the average, rational and responsible American citizen. The remarks of Heather Gooze simply attest, at best, to a matter that everyone can agree with: that criminals, psychopaths, Islamic terrorists, and other assorted lunatics—the flotsam and jetsam of society—should not have access to any firearm. One might by the same token argue that the worst elements of society should not have access to anything that can feasibly be used to cause great harm to others and to many individuals at one time. Consider for example: a knife, an automobile or truck, or chainsaw. What we are getting at here is that common criminals, and members of drug cartels and criminal gangs, and psychopaths, and Islamic terrorists, and other assorted lunatics and maniacs and riffraff who pose a danger to others, as these individual do, should be removed from our society. It is not the firearm that should be removed from American society.That common criminals, terrorists, psychotics, or psychopaths may happen to get their hands on a semiautomatic rifle or on any other firearm to harm others does not serve as a sound legal or logical reason for banning semiautomatic weapons en masse from millions of average, law-abiding, responsible, rational American citizens. And, make no mistake, Senator Dianne Feinstein and the other Democratic Party members of the Senate Judiciary Committee do seek to ban and do work feverishly to ban all semiautomatic weapons, just as fully automatic weapons and selective fire weapons have been essentially banned from civilian possession, since 1934, with passage of the National Firearms Act (NFA). In fact, Senator Dianne Feinstein would accomplish this feat through enactment of a very devious bit of legislation, which was referred to during the Senate Hearing.Roughly two months ago, on October 4, 2017, Senator Feinstein introduced the following bill in the U.S. Senate:Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, This Act may be cited as the "Automatic Gunfire Prevention Act".POSSESSION OF CERTAIN FIREARM ACCESSORIES. Chapter 44 of title 18, United States Code, is amended-   in section 922, by inserting after subsection (u) the following:   "(v)(1) Except as provided in paragraph (2), on and after the date that is 180 days after the date of enactment of this subsection, it shall be unlawful for any person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun.   This subsection does not apply with respect to the importation for, manufacture for, sale to, transfer to, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof."; and   in section 924(a)(2), by striking ", or (o)" and inserting "(o), or (v)". Attorneys David Kopel and Stephen Halbrook, sitting on the second panel, and testifying at the Senate Hearing—were acutely aware of this Senate bill. David Kopel pointed out that the language of Feinstein’s bill, the "Automatic Gunfire Prevention Act," makes very clear that any change at all to any semiautomatic weapon—lightening the trigger pull, for example, or even cleaning a firearm—can effectively serve to increase the rate of fire of the weapon. Thus, any semiautomatic rifle can, were Feinstein’s bill enacted, serve as the basis to ban outright all semiautomatic rifles. When faced with David Kopel’s critical, astute remarks, Senator Feinstein demurred, seemed agitated and, evidently, perplexed, asserting, disingenuously, that the bill was drafted by capable attorneys, suggesting, perhaps, or, then again, perhaps not, that her bill only targets certain types of accessories or components for semiautomatic weapons, such as the “bump-fire device” (“bump stock”) that are specifically mentioned, and not, ipso facto, all semiautomatic weapons. But, that doesn't seem to be the case; and, if that is not the case, then this would suggest that the drafters of Feinstein’s bill either know very little about the operation of semiautomatic rifles or know the operation of semiautomatic weapons all too well. If the former supposition is true, then the bill has unintended consequences: positive consequences for antigun proponents; negative consequences for everyone else. This means that all semiautomatic rifles can and eventually would be banned. This is consistent with the plain meaning of the bill. If the latter supposition is true, then, given the plain meaning of the bill, the bill is a subterfuge. This would mean that those who drafted Feinstein's bill intended, all along, not merely to suggest that only some accessories for semiautomatic rifles would be banned, but that, in fact, all semiautomatic weapons would be banned, as this is what antigun proponents want and have wanted all along and this is what the bill says: no semiautomatic weapons in the hands of American citizens qua civilians. Either way, Senator Feinstein would derive from her bill, if enacted, exactly what she had long sought—a universal ban on semiautomatic weapons defined as ‘assault weapons’—meaning, of course, that all semiautomatic weapons would be banned because all semiautomatic weapons are, ipso facto, ‘assault weapons,’ as Senator Feinstein sees it.Never underestimate the deviousness of antigun proponents and never trust them when they assert that they do not seek to defeat the right of the people to keep and bear arms as codified in the Second Amendment. These antigun groups, and antigun legislators, and their billionaire benefactors, and their fellow travelers in the mainstream media and in Hollywood, will not rest easy until each and every average American citizen qua civilian—apart from the so-called “elites” in society, like Senator Feinstein, herself—is prohibited, by law, from owning and possessing any kind of firearm._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

SOTO VS. BUSHMASTER: ANTIGUNNERS TAKE AIM AT GUN MANUFACTURERS

SOTO PLAINTIFFS GUNNING FOR GUN MANUFACTURERS ON BEHALF OF THE ANTIGUN MOB

PART ONE: A COMPREHENSIVE CRITIQUE OF THE COMMENDABLE AND COMPETENT SUPERIOR COURT OPINION

SOTO PLAINTIFFS BRING LAWSUIT TO FORCE GUN MANUFACTURERS OUT-OF-BUSINESS, SEEKING TO CRUSH THE SEMIAUTOMATIC FIREARMS MARKET, AND WORKING TO DESTROY THE SECOND AMENDMENT, ENDING CIVILIAN ACCESS TO SEMIAUTOMATIC WEAPONS

HOW DID THE SOTO CASE COME ABOUT?

The Soto case arises from the deadly attack that occurred on December 14, 2012, in Newtown, Connecticut, when a deranged young adult, Adam Lanza, 20 years old, stormed Sandy Hook Elementary School, fatally shooting twenty children and six adults, before turning a handgun on and killing himself. According to the allegations of the Soto Plaintiffs' First Amended Complaint (CM), Adam Lanza murdered these school children and school staff with a Bushmaster AR-15, model XM15-E2S rifle.

WHO ARE THE PARTIES IN THE SOTO CASE?

The case is brought by or on behalf of victims of the shooting, against the Defendant Bushmaster, and others. The Plaintiffs in the case include: two individuals, staff members of the school, who were harmed by the gunman, Adam Lanza, because of the shooting that took place at Sandy Hook Elementary School; and also include various administrators or executors of the estates of those killed by the gunman. These administrators or executors include the administrator or executor of Victoria Soto, who is the principal Plaintiff in the case and whose name appears in the caption of the case. Defendants in the case include: Remington Arms Company, LLC, also known as, Freedom Group, Inc, also known as, Bushmaster Firearms Int., Inc—the other principal party in the case—the principal Defendant in the case, whose name appears in the case title—also known as, Remington Outdoor Company, Remington Outdoor Company, Inc., also known as, Freedom Group, Inc. (collectively, Remington Defendants), the principal named Defendant in the Soto case. The Defendants in the Soto case also include suppliers, distributors, and dealers of the manufacturer’s Bushmaster AR-15 XM 15-E2S semiautomatic rifle: Camfour, Inc. and Camfour Holding, LLP (collectively, Camfour defendants); and Riverview Sales, Inc. and David LaGuercia (collectively, Riverview defendants).

WHEN DID THE SOTO ACTION COMMENCE, WHERE WAS THE LAWSUIT FILED, AND WHAT ARE THE MECHANICS OF APPEALING AN ADVERSE DECISION OF A STATE TRIAL COURT?

The Soto case was initially filed in the Superior Court of Connecticut, Judicial District of Fairfield At Bridgeport: Soto vs. Bushmaster Firearms International, LLC., 2016 Conn. Super. LEXIS 2626; CCH Prod. Liab. Rep. P19,932. The actual filing date is somewhat convoluted. The Superior Court of Connecticut that heard this case stated, in a footnote of the Memorandum Opinion, that: “While this action was not filed in this court until January 26, 2015, the action was, in fact, commenced by service of process on the defendants at various dates in December of 2014 and January of 2015. Accordingly, the Remington defendants were able to file a motion for removal to federal court on January 15, 2015, before the filing of the action in this court [the Superior Court of Connecticut (the lower trial Court)] actually occurred.”Defendants in Soto filed a motion to remove the case to federal Court. The federal Court case is styled Soto vs. Bushmaster Firearms International, LLC. 139 F. Supp. 3d 560; 2015 U.S. Dist. LEXIS 138046. Why did they do this? The Defendants tried to remove the case to federal Court because they felt, apparently, they would likely receive fairer treatment in federal Court than if the case were heard in State Court. So, Defendants considered federal Court to be the preferred forum for hearing the case. The actual legal basis for, and the Defendants’ purport for, removing the case to federal Court is that Plaintiffs had deliberately and fraudulently filed suit against one Defendant, in particular, Riverview Sales, Inc., in the Plaintiffs’ wrongful attempt to deprive the other Defendants—primarily the principal named Defendant, Bushmaster Firearms—of a federal forum in which to hear the case. Conversely, the Soto Plaintiffs apparently felt they would have a better chance of prevailing in State Court if the case remained in State Court, which is why they filed their case in State Court. The Plaintiffs contested the Defendant’s attempt to remove the case to federal Court, asking the District Court to remove the case back to State Court. The Plaintiffs prevailed in their effort to have the case sent back to the State Court. The federal Court ruled for the Soto Plaintiffs, finding that it did not have federal subject matter jurisdiction to hear the case and, so, returned the case to State Court. Ultimately, Defendants need not have worried about an adverse decision in the Superior Court of Connecticut, as Defendants ultimately prevailed in the lower State Court. The Superior Court of Connecticut granted the Defendants’ Motion to Strike, in totality, the Plaintiffs’ First Amended Complaint. This adverse result for Soto Plaintiffs led to Plaintiffs’ appeal of the Superior Court decision directly to the Connecticut Supreme Court.The circumstances of Plaintiffs’ appeal directly to the State Supreme Court, rather than through the intermediate level, Connecticut Appellate Court, and the Connecticut Supreme Court’s decision to hear briefs on the case, which the Connecticut Supreme Court recently heard, is murky. The Arbalest Quarrel could not find information about this appeal through our legal research. Once the Connecticut Supreme Court renders its decision, though, the decision will be reported in legal reporters and we will provide a co0mprehensive analysis of the case at that time.

WHAT MIGHT THE CONNECTICUT SUPREME COURT DO? WHAT ARE THE VARIOUS SCENARIOS THAT CAN PLAY OUT?

The Connecticut Supreme Court recently sat for oral argument in the case. Each side presented its legal arguments. If the Connecticut Supreme Court rules in Defendants’ favor, then the decision of the Superior Court stands, and the Soto Plaintiffs' last recourse, apart from asking the Connecticut Supreme Court for a rehearing and reconsideration of an adverse decision, is to appeal the adverse decision directly to the United States Supreme Court which may or may not grant certiorari to hear the case. If, on the other hand, the Plaintiffs prevail, having convinced the Connecticut Supreme Court to overturn the decision of the Superior Court that dismissed Plaintiffs’ First Amended Complaint, this likely means that the State Supreme Court will remand—return—the case to the Superior Court for a hearing of the case on the merits, which is what the Plaintiffs wanted all along and which the Defendants properly pointed out, as the lower Superior (trial) Court agreed, was legally improper, as there wasn’t, in law, a legal basis for a court of competent jurisdiction to hear Plaintiffs’ case on the merits.A State Supreme Court decision may take a few weeks or a few months. If Plaintiffs prevail and the case is remanded to the Superior Court, the trial and ultimate decision of the Superior Court will likely take a few more months. The Plaintiffs want the case to go before a jury and they have pressed for this all along. The reason for this is obvious. Plaintiffs’ legal position is extremely weak, at best. They perceive that presentation of their evidence to a jury, rather than presentation of their case directly to the Court in a Bench trial, would be easier in terms of convincing a jury as to the merits of their case. Plaintiffs believe they would be able to hoodwink a lay jury through the mechanism of emotional rhetoric, on their bizarre notions of justice and morality, in lieu of presentation of their claims to a jury though presentment of a sound and valid legal and logical argument, which clearly favors a decision for Defendants, and which a Court, steeped in the law, would be looking for. Thus, the Soto Plaintiffs believe they would win the day, convincing a jury to return a verdict in their favor, also convinced that the Court is already predisposed to rule  against them, being acutely aware of the flimsy foundation upon which Plaintiffs' claims rest, which, again, is why the Plaintiffs wish to present the merits of their case before the jury. Still, even if the State Supreme Court does reverse the decision of the lower Superior Court, remanding the case to the Superior Court for a trial on the merits, that does not mean the case will ever go before a jury for a trial on the merits. Likely, once discovery has concluded, Defendants will file a motion for summary Judgment. A motion for summary judgment is tantamount, in law, to a trial on the merits through motion rather than physically presenting evidence in a Court of Law before a jury. So, the Soto case may never even go to a jury for a trial on the merits.The legal standard for review of a motion for summary judgment is essentially the same from one jurisdiction to the next. In Connecticut, the State Supreme Court says this, about a motion for summary judgment: “The standard of review of a trial court's decision granting summary judgment is well established. Practice Book § 17-49 provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . The party moving for summary judgment has the burden of showing the absence of any genuine issue of material fact and that the party is, therefore, entitled to judgment as a matter of law. . . .” Gold v. Greenwich Hosp. Ass'n, 262 Conn. 248, 811 A.2d 1266, 2002 Conn. LEXIS 493.  See also Mountaindale Condominium Assn., Inc. v. Zappone, 59 Conn. App. 311, 315, 757 A.2d 608, cert. denied, 254 Conn. 947, 762 A.2d 903 (2000). "In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . A motion for summary judgment is properly granted if it raises at least one legally sufficient defense that would bar the plaintiff's claim and involves no triable issue of fact." (Citations omitted; internal quotation marks omitted.) Suppose, then, that the Connecticut Supreme Court does remand the case to the Superior (trial) Court for a trial on the merits, and assume, further, that, once discovery has concluded, Defendants in the Soto case do file a motion for summary judgment. Plaintiffs will move the Court to deny the motion and the Soto Plaintiffs may file their own motion for summary judgment. The filing of motions for summary judgment by both Parties in the case--Plaintiffs and Defendants--is referred to as referred to as “cross motions for summary judgment.”If Defendants do move for summary judgment and if their motion is granted, that effectively ends the case. That means the Soto Plaintiffs must, once again, appeal to a higher State Court, asking a higher Connecticut Court to review an adverse decision of the trial Court. But, this time the Soto Plaintiffs would be asking for an appellate Court—or, if Plaintiffs appeal an adverse trial court decision directly to the State Supreme Court and the State Court agrees to review the case—to reverse the trial court’s adverse decision granting Defendants’ motion for summary judgment. Since an appeal of a motion for summary judgment operates as an appeal of a trial on the merits of the case—no less so than an adverse decision for Soto Plaintiffs if the case were presented to a jury—the Soto Plaintiffs would find that an appeal of an adverse decision of a case after presentment of evidence (a trial on the merits) is not so easy to reverse. Why is that? We need to look at the standard of review when a party appeals an adverse decision rendered on a motion for summary judgment. The Connecticut Supreme Court looks to whether a trial Court’s conclusions are legally and logically correct. Emotion plays no role in this. The Court says: “. . . we set forth the well established standard of review for a denial of summary judgment. ‘Summary judgment “shall be rendered forthwith if the pleadings, affidavits and other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.’” Home Ins. Co. v. Aetna Life & Casualty Co., 235 Conn. 185, 202, 663 A.2d 1001 (1996), quoting Practice Book § 384, what is now § 17-49. The trial court was presented with cross motions for summary judgment based on stipulated facts. Therefore, our review is plenary and we must determine whether the trial court's conclusions of law ‘are legally and logically correct’ and find support in the stipulated facts. SLI International Corp. v. Crystal, 236 Conn. 156, 163, 671 A.2d 813 (1996), citing Practice Book § 4061, what is now § 60-5.” Doucette v. Pomes, 247 Conn. 442, 724, A.2d 481, 1999 Conn. LEXIS 3. The operative phrase here is "legally and logically correct." If the Defendants’ file a motion for summary judgment and it is denied, and if Plaintiffs’ file a for motion for summary judgment and it is granted, then Plaintiffs’ win. If Plaintiffs do not file a motion for summary judgment but simply oppose Defendants’ motion for summary judgment, which the trial Court grants, and the Plaintiffs subsequently appeal the trial court’s granting of Defendants’ motion for summary judgment, a higher Court’s standard of review in Connecticut is essentially the same. An appellate Court must determine whether the trial court’s conclusions of law are legally and logically correct, and, in the context of a motion for summary judgment, this means that an appellate Court must determine that no triable issue of fact exists. If an appellate Court determines that at least one and possibly more triable facts exist, then the case will be remanded for trial on those facts. So, if the Soto Plaintiffs prevail in their desire for a jury trial, the case will proceed to trial, which, again, is what Plaintiffs wanted all along, hoping, along the way, to maximize news coverage by the mainstream media that, unfairly, has taken a position forever demonstrably favoring the goals and philosophy of the antigun movement in this Country.What happens if the Soto case does go to trial? Each side presents its evidence, but, at any time during trial each side can request the Court, on motion, to direct a verdict in that side's favor, referred to in Connecticut, as a motion for a directed verdict and Judgment NOV (Judgment notwithstanding the verdict). What does this mean and what is the distinction between a motion for summary judgment and a motion for a directed verdict which are both trials by motion rather than by jury? The U.S. Supreme Court explains the difference. “The Court has said that summary judgment should be granted where the evidence is such that it ‘would require a directed verdict for the moving party.’ Sartor v. Arkansas Gas Corp., 321 U.S. 620, 624 (1944). And we have noted that the ‘genuine issue’ summary judgment standard is ‘very close’ to the ‘reasonable jury’ directed verdict standard: ‘The primary difference between the two motions is procedural; summary judgment motions are usually made before trial and decided on documentary evidence, while directed verdict motions are made at trial and decided on the evidence that has been admitted.’ Bill Johnson's Restaurants, Inc. v. NLRB, 461 U.S. 731, 745, n. 11 (1983). In essence, though, the inquiry under each is the same: whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 81, L. Ed. 2d 202, 1986 U.S. LEXIS 115.But, suppose Defendants in Soto move for a directed verdict, after trial, and Judgment NOV, and the Superior Court denies the movant's motion. In that event, the prevailing party at that point, wins, and the losing party’s last recourse, its only recourse, is to appeal directly to the United States Supreme Court, requesting—a party cannot demand—that the U.S. Supreme Court hear the case. Generally, the Supreme Court takes cases that involve a substantial number of split-decisions in the various Circuits or, when, in the Court’s own inscrutable manner, decides that a case is worth taking up. If the U.S. Supreme Court were to take the Soto case, then, likely, the result, itself, would be a split decision, divided evenly between the liberal-wing Justices and the conservative-wing Justices, with Justice Anthony Kennedy providing the swing vote, and it would not be clear how Justice Kennedy would decide this case. We would hope that Justice Kennedy, or, preferably, Justice Ginsburg or Justice Breyer would retire, in the next several months. This would enable President Trump to nominate a second individual to the high Court--another individual in the mode of the late brilliant and revered Justice, Antonin Scalia. If the Justices were to vote against hearing the Soto case, then the decision of the Connecticut Supreme Court would stand.

WHAT IS THE SOTO VS. BUSHMASTER CASE REALLY ABOUT?

The Soto Plaintiffs contend that the Defendant, Bushmaster (Remington), manufacturer of the weapon, specifically, a Bushmaster AR-15, model XM15-E2S rifle, which, as alleged, the killer, Adam Lanza, used to commit the murders at Sandy Hook Elementary School—along with the firearms’ distributor and dealer who served as the intermediaries through which the weapons were sold to the killer’s mother, and ultimately fell into the hands of the killer, Adam Lanza—bears legal, not merely moral, responsibility for the deaths of children and adults that occurred at Sandy Hook Elementary School in Newtown, Connecticut, and that, this is due to the fact of Defendant Bushmaster’s marketing of its AR-15 rifle to the entirety of the civilian population in this Country, and the manner in which the Defendant manufacturer, Bushmaster marketed its AR-15 model semiautomatic rifle to the entirety of the civilian population in this Country. The Soto Plaintiffs contend that the fact of and manner of marketing this rifle to the civilian population which necessarily included marketing the Bushmaster AR-15 model XM15-E2S semiautomatic rifle to mentally ill individuals served as the proximate cause, the true cause, of the tragedy that unfolded at Sandy Hook Elementary School. In their prayer for relief, as set forth in their pleadings, the Soto Plaintiffs seek, among other things, compensatory and punitive damages, attorneys’ fees, and costs for wrongful death (several counts of wrongful death). In their prayer for relief, as set forth in their pleadings, the Soto Plaintiffs also ask the Superior Court for an injunction, preventing the Defendant firearms’ manufacturer from marketing the semiautomatic Bushmaster AR-15 style  rifles in Connecticut, thereby preventing the manufacturer’s suppliers and distributors from making this category of firearms available for sale to the civilian population in Connecticut through licensed Connecticut firearms dealers.Soto is a civil case, not a criminal case. As a civil case, the Soto Plaintiffs’ claims are directed principally against a firearms manufacturer, Remington (or Bushmaster), and against a supplier of the firearm, predicated on the dubious ground, as claimed by Plaintiffs, that various Defendants involved in the distribution and sale of the AR-15 Bushmaster semiautomatic rifle are liable for the tragic events that occurred even though the manufacturer and distributor of the AR-15 Bushmaster semiautomatic rifle did not engage in the direct sale of the rifle to Adam Lanza’s mother and notwithstanding that none of the Defendants—manufacturer, distributor, or dealer—had direct knowledge of Adam Lanza and could not have known anything about him, when the firearm was sold to Adam Lanza’s mother, who was under no federal or State disability. Adam Lanza, though, was not permitted to own or possess firearms because of mental impairment or mental incompetence. He had gained access to weapons, owned and possessed by the killer’s mother, due to the mother’s failure to properly secure her firearms from a mentally deranged person in her household.Keep in mind, too, that the Soto Plaintiffs’ case against Defendant manufacturer, supplier, and dealer, as a civil case, is considerably different from a criminal case, both in the manner of handling and in the manner of liability. Criminal cases are handled by State Prosecutors. No one is claiming that the Defendant manufacturer or the other Defendants bear any criminal liability for the criminal acts committed by Adam Lanza. Had Adam Lanza survived, he would have been arrested, charged, arraigned, and tried for murder and for other serious crimes, felonies. Possibly Adam Lanza’s mother, had she survived, might also be tried under Connecticut’s criminal laws, specifically, the crime of ‘criminal negligence.’ Under the Connecticut Annotated Statutes, Conn. Gen. Stat. § 53a-58, “Criminally negligent homicide: Class A misdemeanor,” of Title 53a Penal Code, of Chapter 950, “Penal Code: General Provisions,” criminal negligence could be imputed to Nancy Lanza, had she survived, for the crimes of her son, Adam Lanza, who, had he survived, would have been charged, inter alia, with murder (several counts), under Conn. Gen. Stat. § 53a-54-a, “Murder,” although, under the definition of 'Murder,' in Connecticut, which include the circumstances under which a person can be convicted of murder, Adam Lanza could very well have been able to circumvent a conviction of murder not in spite of but specifically because of the horrific nature of the act, suggesting that only a person seriously mentally ill could have legally intended to shoot to death, innocent children. Connecticut law sets forth, in pertinent part:(a) A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception; except that in any prosecution under this subsection, it shall be an affirmative defense that the defendant committed the proscribed act or acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be, provided nothing contained in this subsection shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime. (b) Evidence that the defendant suffered from a mental disease, mental defect or other mental abnormality is admissible, in a prosecution under subsection (a) of this section, on the question of whether the defendant acted with intent to cause the death of another person.Likely, a prosecutor would have greater chance to obtain a conviction of Adam Lanza’s mother, being “normal,” for the crime of criminal negligence, a Class A Misdemeanor in Connecticut, than would a prosecutor have obtaining a conviction of murder against Nancy Lanza’s seriously mentally ill son, Adam Lanza. Under the Connecticut Annotated Statutes, Conn. Gen. Stat. § 53a-3(14) “Definitions”, of Title 53a Penal Code, of Chapter 950, “Penal Code: General Provisions,” “A person acts with “criminal negligence” with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. This is the definition of “criminal negligence.” This would, in essence, explain the ground for a criminal action against Nancy Lanza, Adam Lanza’s mother, imputed to Nancy Lanza, who failed to properly secure her firearms, knowing full well that her son was seriously mentally disturbed and that, were he to gain possession of those weapons, there would be “a substantial and unjustifiable risk” that he would commit a horrific crime, which, in fact, is precisely what transpired.Assume that Adam Lanza and/or his mother had survived. The Soto Plaintiffs could, and, perhaps, would file a civil suit against them for the tort, wrongful death—which would have proceeded in tandem with the State’s criminal action—but, that would not have prevented the Soto Plaintiffs from adding Defendants—manufacturer, supplier, distributor, and dealer to their—civil suit. This brings us to the critical question:

WHAT IS IT THAT THE SOTO PLAINTIFFS REALLY WANT; WHAT ARE THEY REALLY AFTER; AND WHO ARE THEY REALLY "GUNNING" FOR?

We speculate that, although the Soto Plaintiffs seek damages for wrongful death, against Defendants, what it is that they really want and what it is that they are really after—what it is they have sought all along—is to end the marketing of AR-15 model semiautomatic rifles in Connecticut and, further, to induce the manufacturer to forsake the manufacture of new AR-15 model semiautomatic rifles, in Connecticut, on the ground that it would be unprofitable for the Company to continue to fabricate new AR-15 model semiautomatic rifles—which, in fact, would be the case if party plaintiffs in other jurisdictions jump on the band wagon, and bring successful lawsuits against the Company in their own States. This is a goal of the antigun movement—to attack guns at the source—the manufacturers of firearms.If the Soto Plaintiffs are successful in their lawsuit, this will constitute a significant victory for antigun proponents and for their billionaire internationalist, trans-nationalist, globalist benefactors. In their endeavor to destroy gun possession and ownership in this Country, they know that it would be impossible to confiscate firearms from millions of law-abiding Americans—200 or 300 million firearms—a good number of them, semiautomatic rifles. If they can, though, preclude the fabrication of new semiautomatic firearms—on the ground that it would not be cost-effective for firearms manufacturers to fabricate new semiautomatic firearms—then they can slowly strangle the availability of weapons to civilians, as the availability of new semiautomatic firearms will be cut off at the source—at the front-end, the level of the manufacturer, rather than at the tail end, the level of the dealer.At the moment, several jurisdictions around the Country ban the sale and transfer of a certain category of firearms—‘assault weapons’, as the expression is defined in those jurisdictions’ criminal code—but they do not ban the import of the rifles into their respective jurisdiction; and their laws do not directly affect the firearms manufacturers’ right and ability to fabricate new rifles in manufacturers’ manufacturing plants. But, if manufacturers cannot profitably market their firearms to the civilian population, then—so the reasoning goes, as a matter of economic reality, as antigun groups hope and expect—firearms manufacturers will cease to manufacture such firearms for the civilian population, as this would demonstrably affect their bottom line—their profit margins. We therefore see, behind the face of the Soto Plaintiffs effort to hold the Defendant manufacturer, Bushmaster, liable for the criminal acts of an individual, Adam Lanza, with whom the Company is not in privity, a secretive, diabolical effort and strategy, most likely insinuated by and orchestrated by and with the assistance of antigun advocacy groups, and by the groups’ billionaire internationalist, trans-nationalist, globalist benefactors, operating in the shadows—to accomplish their goal of reducing the availability of firearms in this Country through attrition. For, it is through this strategy of attacking firearms manufacturers, the original source of firearms, that these antigun groups, and antigun legislators, and internationalists and trans-nationalist billionaires, and the mainstream media propagandists, aim to disarm and dispossess, eventually, the entirety of the civilian population of this Country of firearms. In this effort, they deceive and hoodwink the American public. They seek, together, to convey the idea that they wish only to improve the lives of Americans, to promote their health, and safety, and well-being, and that this can be accomplished in great part by removing from the hands of the American citizenry, access to firearms. And some Americans, well-meaning but deluded Americans, buy into this claptrap, inculcating and internalizing this nonsense through careful sloganeering, incessantly repeated by the mainstream media. These Americans have bought into a false, seemingly comforting illusion. For, only an armed citizenry can, in the end, protect itself from the immediate danger posed by criminals, lunatics, gang members, and other assorted riffraff among us, and also protect itself, as well, from the dormant danger of tyranny hanging over the heads of all Americans.The founders of our Nation and the framers of our Constitution knew full well of the danger posed by tyranny, and they provided a perfect check against this by placing a Bill of Rights within the U.S. Constitution. And that Bill of Rights includes a Second Amendment, codifying a right existent in the American people—the right of the people to keep and bear arms. But, an armed citizenry is incompatible with the goal of those ruthless and secretive and extremely powerful and inordinately wealthy forces that seek to destroy our Country, who seek to bring to an end the very concept of independent sovereign Nation States, and who seek to dismantle our Constitution. It is these secretive, wealthy, powerful individuals, residing both here and abroad—a billionaire class that cares not one whit for the well-being of a Nation’s citizenry--of our Nation’s citizenry--who are working behind the scenes to encourage and cajole Congress to enact restrictive firearms legislation and who are working behind the scenes to fund lawsuits aimed at imperiling a fundamental, natural, and sacred right. Thus, if the Soto Plaintiffs prevail in their lawsuit against the Defendant manufacturer, Bushmaster, and against Defendant suppliers, distributors, and sellers in Connecticut, antigun groups will certainly become emboldened and will bring similar actions—a flurry of them—in other jurisdictions. So, then, while the Soto suit has direct dire results in Connecticut, alone, in the event the Soto Plaintiffs ultimately prevail in their action against Defendants, the ramifications of such result could very well have a ripple effect across the Country, creating, worst of all, the impetus for antigun Legislators in Congress—assuming that Democrats take control of both Houses of Congress—to enact legislation like the National Firearms Act of 1934 (NFA), targeting and negatively impacting the marketing and selling of semiautomatic firearms to the civilian population of this Country. The NFA bans manufacture of new fully automatic firearms for sale to the civilian population. Production of new machine guns, submachine guns, and selective fire assault rifles are only available for sale to the military and to law enforcement, which are not legally available to the civilian population.One can only wonder that, had millions of law-abiding NRA members the clout in 1934 that they have today, the NFA would never have been enacted. The NFA is a dinosaur, a relic of a time when Americans had little clout to assert their natural right to keep and bear arms. Once enacted, the NFA should have been repealed by Congress. It never was. The antigun groups obviously wish to piggy-back off the NFA, to ban a vast category of semiautomatic weapons. Eventually the antigun groups and the shadowy, ruthless billionaire internationalist, trans-nationalist benefactors that support them, who seek to undermine the very concept of the Nation State, would like to see enacted, at the federal level, NFA type legislation that would effectively ban new fabrication of semiautomatic firearms. Once the present supply of such weapons dries up, as the supply of fully automatic weapons is now drying up, fewer semiautomatic firearms will be available for disposition to the civilian population, as the existing supply of semiautomatic weapons will be exhausted and those still remaining in existence will, at some point, require repair which will become significantly difficult to accomplish as components for these semiautomatic weapons, too, become increasingly scarce and eventually unavailable at any cost. Scarcity of semiautomatic weapons and scarcity of parts for them will inevitably drive up the cost of ownership of semiautomatic weapons as the present supply of semiautomatic weapons dries and of component parts dries up. Thus, semiautomatic weapons, as with the present supply of fully automatic weapons and with the present supply of selective fire weapons will only be available to those having the means to afford them—that is to say, those of us, damned few, who have exorbitant sums of money. Those who wish to obtain a semiautomatic weapon, as is the case for those members of the civilian population who presently wish to acquire a machine gun, or submachine gun, or selective fire assault rifle, and who are able to amass the dollars necessary to purchase a semiautomatic weapon, will, in addition to being required to have, on hand, the necessary funds, must be willing to jump through the hoops of a lengthy, complicated, bureaucratic process to acquire a federal firearms license (FFL) required for the acquisition of such weapons. But, A person cannot acquire an FFL overnight; and it is not the sort of license that the typical, average, law-abiding, rational American citizen, at present, possesses or is likely ever to have the ability to obtain. As for these average Americans, it could very well come to pass that possession of semiautomatic firearms, as is true with fully automatic or selective fire weapons, would be prohibitively expensive, outside the range of what the average law-abiding American citizen is able ever to afford, presenting, for the general civilian population, an insurmountable goal, an unmet wish, an empirical impossibility. And the right of the people to keep and bear arms will then become a tantalizing and taunting chimera—a right that no longer can be exercised—an empty promise.

IS THE SOTO CASE THE FIRST CASE OF ITS KIND OR HAVE THERE BEEN OTHER CASES BROUGHT AGAINST FIREARMS MANUFACTURERS AND SUPPLIERS OF FIREARMS?

The Soto case is not the first case of its kind. It is merely the latest and, rest assured, it will not, unfortunately, be the last. The Arbalest Quarrel has catalogued 460 cases against firearms manufacturers, according to our research—going back in time at least to 1966—all of these cases a naked, bald attempt to hold firearms manufacturers liable for misuse of their products by those individuals--criminals and lunatics--whom they have no connection with and those who should not have access to firearms in the first place. These cases, brought by party plaintiffs against firearms manufacturers are generally grounded in various common law theories of negligence and/or State products liability statutes, where, in some jurisdictions, the one theory of liability is merged into the other. Most of these cases were filed in the last twenty years.One can see, but hardly fathom, the ruthlessness of antigun groups as they steadfastly, inexorably work toward the single-minded goal of ultimately depriving the civilian population, comprising average, hard-working, independent-minded, sane, rational, law-abiding American citizens of their natural and fundamental right to own and possess firearms—any firearm, depriving Americans of their fundamental right—in defiance of the will of the framers of the Nation’s Constitution and of the Constitution’s most important component, the Bill of  Rights—depriving Americans of their right to keep and bear arms, and doing so, with alacrity, one category of firearms at a time. We have seen the results of their efforts to date as they deprive Americans of their fundamental right to own and possess fully automatic firearms. Now they seek to deprive Americans of their right to own and possess the semiautomatic firearms. If they succeed in that effort, they will continue. What will be next on their agenda? They will attempt to deprive Americans of their right to own and possess double action and single action revolvers and lever action rifles—and so on. They will attempt to deprive Americans of their right to own black powder rifles and shotguns, and, ultimately, they will have the legislation and case law decisions as the purported legal foundation to ban and confiscate whatever kind of firearm is left to be banned and confiscated. Of course, as these antigun groups are fed with an unlimited amount of money by billionaire backers such as George Soros and Michael Bloomberg, the antigun movement will not be sated until all manner of firearms are banned from civilian possession. While one may believe that the citizens should not have the right to keep and bear fully automatic weapons, why is that? Is there anything inherently true in that belief? Of course not. The idea may seem odd to some only because, for decades, since enactment of the NFA, possession of fully automatic weapons has been, for all intents and purposes, illegal. Decades from now, if a semiautomatic weapons' NFA were enacted, similar attitudes would exist as to the notion that a civilian ought not to be able to possess those firearms. Even now, we see through mainstream media propaganda, a concerted effort to manipulate public opinion toward opposing civilian ownership of semiautomatic firearms. Children, at one time, played, innocently, with toy firearms. Now, the idea is an anathema. The ability of the media to transform attitudes away from Americans’ own natural birthright—the fundamental right of the people to keep and bear arms—is real; it is ominous; it is gaining momentum; it is disturbing and it is singularly depressing.This attempt by party plaintiffs, who often file suits with the encouragement of, if not the active assistance of and participation of antigun groups, had to be stopped; and, indeed, a wrench was thrown into this assault on firearms manufacturers once the President of the United States, George W. Bush, approved the Protection of Lawful Commerce in Arms Act (the ‘PLCAA’), Pub. L. No. 109-92, 119 Stat. 2095. 15 U.S.C. §§ 7901-03 (2005). The PLCAA provides immunity to firearms manufacturers and dealers from any lawsuit, pending or otherwise, fitting the Act's definition of a ‘qualified civil liability action.’ 15 U.S.C. §§ 7902-03. After enactment of the PLCAA—the first federal legislation, in recent years that serves to strengthen, rather than weaken, the Second Amendment—party plaintiffs must contemplate and take into account, in their Court pleadings, the impact of federal legislation and must factor in the PLCAA when lodging complaints against and presenting arguments against manufacturers and  against distributors, or suppliers, of firearms. Without expressly referring to the PLCAA, it is clear enough that this legislation falls in the crosshairs of those Congressional leaders in the Democratic Party who would like very much to repeal it. The reader may recall that, during the 2016 Democratic Party Presidential debates, the U.S. Presidential candidates, primarily Hillary Clinton, Martin O’Malley, and Lincoln Chaffee, fell over each other, attempting to convince their liberal thinking audience—individuals who uniformly and universally despise the right of the people to keep and bear arms—that he or she candidate maintains the strongest stance against civilian ownership and possession of firearms. Each of these candidates lied to the public when asserting that firearms manufacturers have absolute immunity from claims against them, pertaining to the misuse of firearms and that manufacturers, rather than avoiding liability ought to have, absolute liability. The claims of these political hacks are false in two critical respects. First, firearms manufacturers do not have and never did have absolute immunity from claims. The only entities that do have absolute immunity from decisions they make are few and far between, and include governmental employees such as judges and prosecutors—various governmental entities in certain circumstances. But that was never true of businesses. Second, the desire of individuals like Clinton, O’Malley, and Chaffee, and others, to impose, essentially, absolute liability on  firearms manufacturers flies in the face of decades of products liability law and the law of torts. It is a curious remark, too, that Clinton, O’Malley, and Chaffee would emphasize respect for the “rule of law”—and then be the instruments for creating ad hoc law—law made to conform to personal, not shared, views of the way these antigun proponents would like this Nation to look; the way they would like this Nation to be; and, on their world view, they would impose absolute liability on firearms manufacturers. oddly enough, too, during the Democratic Party Presidential debates, only Bernie Sanders, the Democratic Party Socialist candidate demurred at the suggestion of imposing absolute liability on firearms manufacturers. But, then, he represents and Libertarian State, Vermont.In its to-do list, the Arbalest Quarrel will, at some point, as time and demand permit, provide its readers with a survey of Court cases lodged against firearms manufacturers, along with a detailed exposition of Court resolution of those cases. This will involve an examination of the misapplication of products liability law and tort theory of negligence by party plaintiffs attempting to twist law in a manner inconsistent with the development of that great body of law through time. That is what we are seeing in the present Soto case. There is afoot, as anyone who follows lawsuits negatively impacting Americans’ exercise of their natural right to keep and bear arms knows full well, a desire by some State and Federal Legislatures and some State and Federal Jurists, to decimate natural law to conform to a bizarre personal view of the world at odds with our Bill of Rights and at odds with the philosophical underpinnings of our law and jurisprudence as the framers of our Constitution understood those underpinnings to be. The mainstream media reports in both news accounts and in opinion editorials that NRA merely supports firearms manufacturers, regardless of the interests and concerns of ordinary Americans. That remark, constantly reiterated, is not only false; it is a lie because those who set forth that remark in reporting know it to be false. Individuals—millions of Americans—comprise the membership of NRA, not firearms manufacturers. And firearms manufacturers provide an essential service to Americans, providing them with a product Americans want—a product that enables Americans to take full advantage of the sacred right codified in the Second Amendment. If Americans did not desire the products that firearms manufacturers produce, then Americans would not purchase those products. Members of the antigun establishment—comprising shadowy billionaire internationalists, trans-nationalists, and globalists; and comprising members of the mainstream media, and comprising legislators and jurists; and comprising ordinary Americans, misled by the orchestrated propaganda blasted incessantly through the newspapers, internet and airwaves—seek to dispossess Americans of their right to keep and bear arms—and that right includes the right to own and possess weapons in common use by Americans—those rifles that are descendants of the original Armalite AR-15 semiautomatic rifle.The antigun establishment knows full well the popularity of the AR-15 model semiautomatic rifle among millions of average, law-abiding, rational American citizens. Thus, since Americans wish to purchase a product that companies such as Bushmaster produce, the antigun establishment attacks the companies head-on, arguing falsely that firearms companies produce firearms because NRA lobbies for them. That makes no logical sense. If the public did not wish to purchase firearms, they would not do so, and no amount of money paid to lobbyists would serve to compel an American to purchase something he or she doesn’t wish to own and possess. So, as one strategy to defeat the Second Amendment, the antigun establishment attacks Firearms manufacturers through the filing of lawsuits against firearms manufacturers, with the aim of enjoining firearms manufacturers from marketing their goods, and, as another strategy, insinuating itself into Congress, urging Congress to enact laws that would proscribe the manufacture of a product that the American public wants. The Soto case is simply the latest active case involving an action directed against a firearms manufacturer, seeking, in substantial part, to enjoin that firearms manufacturer from marketing a product in Connecticut, predicating a prayer for injunctive relief on the ground—unsupported in law—that the firearms manufacturer, Bushmaster, and other Party Defendants, are liable for the criminal actions of an individual with whom none of the Defendants were ever in privity with. We look carefully, now, at the intricacies of this case. We begin with a dive deep into the Superior Court’s analysis of the Soto Plaintiffs’ claims. And, since the Supreme Court of Connecticut agreed to hear arguments, pro and con, proffered by the Soto Party Plaintiffs and Party Defendants, and since the Connecticut Supreme Court has, in fact, recently heard argument, we will do a comprehensive analysis of a few pertinent Briefs filed by Plaintiffs’ attorneys and Defendants’ attorneys in that case, and we will take a look, as well, at a few Amicus curiae (Friend of Court Briefs) filed by those antigun proponents who support Soto Plaintiffs claims and we will look at a few amicus Briefs filed in support of the Defendants in the case. Thus, readers of the Arbalest Quarrel will have an accurate, detailed account of the arguments, pro and con, far removed from the simplistic, false, deceptive, and ludicrous nonsense spouted by antigun legislators, spokespeople for antigun groups, and the mainstream media about this case. Note: over 50 Amicus curiae Briefs have been filed in the Soto case. That suggests—despite a mostly deceptive quiet undertone to this case—that much is at stake here--hence our attention to this case. Understand, a State’s “assault weapon” gun ban does not attack the right of manufacturers to design and manufacture a firearm for sale in the civilian population. But, Court cases that challenge the ability of firearms manufacturers to design, manufacture, and market a product that most Americans want constitutes an existential threat to the core of the Second Amendment right of the people to keep and bear arms and challenges, and constitutes, too, a direct, existential threat to the very concept of property rights and free market capitalism upon which this Nation’s economic structure rests.

DETAILS OF THE SUPERIOR COURT DECISION IN SOTO, DISMISSING THE CASE AGAINST DEFENDANTS

A few years after the event—that has recently become a cause célebre for antigun groups—wended its way to Federal District Court and then back to State Court, the Soto case come to a crashing halt on October 14, 2016, when the Connecticut Superior Court judge dismissed the case on Defendants’ Motion to Strike Plaintiffs’ First Amended Complaint. As the Superior Court explains, Plaintiff individuals in their own capacity and executors and administrators of the estates of deceased (hereafter, referred to through the principal Plaintiff as the “Soto Plaintiffs”) filed an action for damages and injunctive relief against Defendant Bushmaster Firearms International and others (hereafter, referred to at times by the principal Defendant Bushmaster also known as, Remington) for damages and injunctive relief. As the Court explains:“In their thirty-three-count amended complaint dated October 29, 2015, the plaintiffs allege the following facts. On the morning of December 14, 2012, Adam Lanza entered Sandy Hook Elementary School, located in Newtown, Connecticut, carrying a Bushmaster AR-15 rifle, model XM15-E2S. Lanza then used the weapon, which was designed for military use and engineered to deliver maximum carnage with extreme efficiency, to kill twenty-six people, including the plaintiffs' decedents, and to wound others, including Natalie Hammond, in less than five minutes. The weapon had been bought by Lanza's mother to give to and/or share with her son." The plaintiffs further allege that the defendants, all makers and sellers of the Bushmaster XM15-E2S, know that civilians are unfit to operate AR-15s, and yet continue selling the Bushmaster XM15-E2S to the civilian market, disregarding the unreasonable risks that the weapon poses "outside of specialized, highly regulated institutions like the armed forces and law enforcement," in an effort to continue profiting from the weapon's sale. In addition, the defendants knew, or should have known, the following: the sale of assault rifles like the XM15-E2S to the civilian market posed an unreasonable and egregious risk of physical injury to others, as a mass casualty event was within the scope of the risk created both by the Remington defendants' marketing and by the defendants' sale of the XM15-E2S to the civilian market; there was an unreasonably high risk that the XM15-E2S would be used in a mass shooting to inflict maximum casualties before law enforcement was able to intervene; schools are particularly vulnerable to—and frequently targets of—mass shootings; the utility of the XM15-E2S for hunting, sporting, or self-defense was negligible in comparison to the risk that the weapon would be used in its assaultive capacity; and the XM15-E2S, when used in its assaultive capacity, would be likely to inflict multiple casualties and serious injury. The plaintiffs also allege that, despite this knowledge, the Remington defendants "unethically, oppressively, immorally, and unscrupulously marketed and promoted the assaultive qualities and military uses of AR-15s to civilian purchasers," and all of the defendants "unethically, oppressively, immorally, and unscrupulously promoted the sale of AR-15s with the expectation and intent that possession and control of these weapons would be shared with and/or transferred to unscreened civilian users following purchase, including family members." Moreover, the Remington defendants knew, or should have known, that the Camfour defendants' use of the product—supplying it to dealers who sell directly to civilians—involved an unreasonable risk of physical injury to others, while the Camfour defendants knew, or should have known, that the Riverview defendants' use of the product—supplying it to the civilian population—involved an unreasonable risk of physical injury to others. Counts one through nine and thirteen through thirty of the amended complaint sound in wrongful death against the three groups of defendants on behalf of the plaintiffs' decedents. These counts allege that the defendants' conduct was a substantial factor resulting in the injuries, suffering, and death of the plaintiffs' decedents in that the decedents suffered terror, ante-mortem pain and suffering, destruction of the ability to enjoy life's activities, destruction of earning capacity, and death.These counts also allege that as a result of the injuries and deaths of the plaintiffs' decedents, their estates incurred funeral expenses to their financial loss. Counts ten through twelve sound in loss of consortium against the three groups of defendants [*7] by William Sherlach, the husband of Mary J. Sherlach. Finally, counts thirty-one through thirty-three are brought against the three groups of defendants by Natalie Hammond, alleging that the defendants' conduct was a substantial factor resulting in the injuries of Hammond in that she suffered terror; pain and suffering; severe, permanent, and painful injuries to her left calf, foot, thigh, and hand; destruction of the ability to enjoy life's activities; and destruction of earning capacity. Hammond also alleges she incurred medical expenses to her financial loss. Within each of these thirty-three counts, the plaintiffs allege that the defendants' conduct constituted a knowing violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes §42-110a et seq. On April 22, 2016, the Remington defendants,6 Camfour defendants, and Riverview defendants8 each filed a motion to strike the amended complaint for failure to state legally sufficient claims upon which relief may be granted, on the grounds that the defendants are immune from the claims by virtue of the Protection of Lawful Commerce in Arms Act (PLCAA), 15 U.S.C. §7901 et seq. (2012), because they have not sufficiently alleged causes of action that are permitted under any exception to immunity set forth in PLCAA, namely, the negligent entrustment exception, 15 U.S.C. §7903(5)(A)(ii),10 and/or the predicate exception, 15 U.S.C. §7903(5)(A)(iii). On May 27, 2016, the plaintiffs filed an omnibus objection to the defendants' motions to strike, and on June 10, 2016, the Remington and Camfour defendants filed reply memoranda. Oral argument on the motions was heard on June 20, 2016, at which time the court reserved judgment.”

WHAT DOES THIS ALL MEAN?

Plaintiffs’ suit is principally an attack on manufacturers of semiautomatic rifles, those rifles that constitute the progeny of semiautomatic rifles descending from the original ArmaLite AR-15 semiautomatic rifle. Plaintiffs allege the AR-15 rifle is a military and law enforcement rifle that has no legitimate, lawful, civilian use. The allegations of the first amended complaint aptly and amply illustrate Plaintiffs’ false assumptions regarding this point, positing that no tenable distinction exists between the military M-16 selective fire rifle and the civilian semiautomatic only AR-15 version—thereby collapsing the two rifles—one for the civilian market and the other for the military and law enforcement market, into one. This false idea became the central claim of Plaintiffs’ Complaint—the idea that the weapon Adam Lanza used to commit multiple murders is, in effect, a military rifle that has no legitimate civilian use. As you read through the allegations of the CM as posited below, pay close attention to the Soto Plaintiffs’ notions of the AR-15 rifle that Bushmaster manufactures and markets to the civilian population.

PLAINTIFFS’ ALLEGATIONS AS SET FORTH IN THEIR FIRST AMENDMENT COMPLAINT

There are 230 allegations in Plaintiffs’ First Amended Complaint, which superseded the original Complaint. Since a Complaint (“CM”) sets forth the basis for a cause of action and the parameters of it, it is best to proceed with an analysis of a case from the standpoint of Plaintiffs allegations. Allegation, No. 4, for example, refers to the AR-15 as “a military weapon.” It isn’t, and was never designed to be a military weapon; and it isn’t marketed to the military. Many of Plaintiffs’ allegations amount to hyperbole and propaganda directed to a Court of Law. Those allegations may be considered the kinds of remarks one hears by hosts on CNN or MSNBC, or by jokesters on late night comedy programs, or in newspapers such as the New York Times and Washington Post, and as a person has come to expect and therefore, not to be taken seriously, but, they bespeak, on their face, lack of respect for a Judge presiding over the case in a Court of Law, such imbecilic remarks have no place in a formal legal document and should be regarded as a disgraceful attempt “to floor” a judge with rhetorical, inflammatory, emotive, empty banter, rather than to lay the basis for a cogent, rational, deliberative legal argument in support of a plaintiff’s legal claims and in support of a plaintiff’s prayer for relief.It is also clear from a perusal of a sampling of the allegations of the First Amended Complaint that Plaintiffs do not cast blame for the tragedy, on the killer Lanza—the one person, along with the killer’s mother—who bears responsibility for the tragedy that ensued at Sandy Hook Elementary School. Of course, both the killer, Adam Lanza, and his mother are dead and likely would be judgment proof—that is to say, they would have little funds to make the Soto Plaintiffs whole apropos of their claim for damages for wrongful death—had Adam Lanza and his mother lived. Rather, the Soto Plaintiffs blame the manufacturer, Bushmaster, for manufacturing a rifle that, as Soto alleges, has no legitimate civilian purpose, grounded on the false, imbecilic notion that the AR-15 is a “weapon of war” and, as Soto further alleges, is a weapon unlawfully marketed to civilians. Again, it is clear, from a reading of the First Amended Complaint, that the Soto Plaintiffs relish the same rhetorical flourishes that we read and hear and see, ad nauseum, in the mainstream media, along with the inflammatory oratory of politicians, which have no place in a legal pleading. But, we see it here anyway.We have produced for you, in substantial part, the allegations of Soto’s First Amended Complaint which demonstrates at once the Soto Plaintiffs lack of understanding of firearms and, as well, the sarcasm that turns a formal legal pleading into a bald homily or comic skit for a “Saturday Night Live” routine.

SOTO’S FIRST AMENDED COMPLAINT (CM) (SELECTED ALLEGATIONS)

INTRODUCTION 1. This is a civil action for damages and injunctive relief stemming from the shooting at Sandy Hook Elementary School on December 14, 2012. 2. In less than five minutes, 20 first-grade children and 6 adults were killed. Two others were wounded. 3. The number of lives lost in those 264 seconds was made possible by the shooter's weapon of choice: a Bushmaster AR-15 rifle, model XM15-E2S. 4. The AR-15 was designed as a military weapon. Bora [sic] out of the exigencies of modern combat, the AR-15 was engineered to deliver maximum carnage with extreme efficiency. 5. The AR-15 proved to be very good at its job. It has endured as the United States Army's standard-issue rifle and has more recently become a valuable [*2] law enforcement weapon. In both contexts, soldiers and officers must undergo advanced training and adhere to regimented safety protocols. 6. The AR-15, however, has little utility for legitimate civilian purposes. The rifle's size and overwhelming firepower, so well adapted to the battlefield, are liabilities in home defense. 7. But there is one civilian activity in which the AR-15 reigns supreme: mass shootings. Time and again, mentally unstable individuals and criminals have acquired an AR-15 with ease, and they have unleashed the rifle's lethal power into our streets, our malls, our places of worship, and our schools. 8. Defendants - makers and sellers of the Bushmaster XM15-E2S - have, like all Americans, watched mass shootings become a harrowing yet predictable part of modern life. 9. Defendants know that, as a consequence of selling AR-15s to the civilian market, individuals unfit to operate these weapons gain access to them. 10. And defendants know that the AR-15's military firepower, unsuited to personal defense or recreation, enables an individual in possession of the weapon to inflict unparalleled civilian carnage. 11. Despite that knowledge, defendants continued to [*3] sell the Bushmaster XM15-E2S to the civilian market. 12. In order to continue profiting from the sale of AR-15s, defendants chose to disregard the unreasonable risks the Bushmaster XM15-E2S posed outside of specialized, highly regulated institutions like the armed forces and law enforcement. 13. Plaintiffs seek nothing more and nothing less than accountability for the consequences of that choice. PARTIES 14. Defendant Bushmaster Firearms, also known as B.F.I, and B.F.I., Inc., was a Maine corporation created in 1973 and located in Windham, Maine. At all relevant times, Bushmaster Firearms manufactured and sold AR-15s. Bushmaster Firearms is now part of Freedom Group, Inc. 15. Defendant Bushmaster Firearms, Inc. was another Maine corporation that manufactured and sold AR-15s. Upon information and belief, Bushmaster Firearms, Inc. manufactured and sold AR-15s. Bushmaster Firearms, Inc. is now part of Freedom Group, Inc. 16. Defendant Bushmaster Firearms International, LLC was a Delaware corporation that was formed in 2006. (When originally created, it was named Rambo Acquisition, LLC.) According to corporate filings, Bushmaster Firearms International, LLC was merged into [*4] Remington Arms Company, LLC in 2011. 17. At all relevant times, Bushmaster Firearms International, LLC manufactured and sold AR-15s. 18. Upon information and belief, Bushmaster Firearms International, LLC manufactured the XM15-E2S that was used in the shooting at Sandy Hook Elementary School on December 14, 2012. 19. Defendant Remington Arms Company, LLC is a Delaware limited liability corporation. Defendant Bushmaster Firearms International, LLC was merged into Defendant Remington Arms Company, LLC in 2011. At all relevant times, Remington Arms Company, LLC manufactured and sold AR-15s. THE GUN A. The Bushmaster XM15-E2S is a Military Weapon 47. Bushmaster's XM15-E2S is an AR-15 rifle, a weapon adopted by the United States military and other armed forces around the world because of its efficiency as a military assault rifle. 48. After World War II, the U.S. Army's Operations Research Office analyzed over three million casualty reports from World War I and World War II. In its final report, the group observed that modern combat occurred at short range and was highly mobile. More importantly, they determined that the number one predictor of casualties was the total number of shots fired. 49. These findings led the U.S. Army to develop specifications for a new combat weapon: a lightweight firearm that would hold a large detachable magazine and rapidly expel ammunition with enough velocity to penetrate body armor and steel helmets. 50. A company called Armalite designed the AR-15 in response. Lightweight, air-cooled, gas-operated, and magazine-fed, the AR-15's capacity for rapid fire with limited recoil meant its lethality was not dependent on good aim or ideal combat conditions. [*10] 51. After extensive testing, the military concluded that a five-man squad armed with AR-15s had equal or superior "hit-and-kill" potential in combat situations when compared with an 11-man squad armed with M14 rifles, the AR-15's predecessor. Troops field-testing the AR-15 reported instantaneous deaths, as well as routine amputations, decapitations, and massive body wounds. The military ultimately adopted the AR-15 as its standard-issue service rifle, renaming it the M16. 52. After Armalite sold its licensing rights, Colt took over its military contracts and began mamifartfiirinu the M16. 53. Today, Colt remains the largest supplier of combat rifles to the military. 54. Bushmaster, meanwhile, holds the distinction of being the largest supplier of combat rifles to civilians. 55. The XM15-E2S is one such rifle. B. A "Civilian" Weapon Designed for Combat 56. As an AR-15 rifle, the Bushmaster XM15-E2S is substantially similar to its military sibling, the M16. Both weapons are designed for mass casualty assaults. Both share design features of exceptional muzzle velocity, the ability to accommodate large-capacity magazines, and effective rapid fire. Muzzle Velocity [*11] 57. The term "muzzle velocity" refers to the speed a bullet possesses at the moment it leaves the muzzle of a firearm. 58. The velocity of a bullet on impact is the main determinant of its destructive capacity. 59. Typical handgun muzzle velocities range from approximately 750 feet per second to approximately 1,300 feet per second. 60. Because longer barrels give the ammunition's propellant more time to work, long guns eject projectiles at significantly higher velocities than short-barreled firearms. 61. According to a study by physicians who performed autopsies on soldiers killed by gunfire in Iraq, the greater the speed of the bullet on impact, the greater the extent of tissue deterioration. The study found that rounds with a velocity exceeding 2,500 feet per second cause a Shockwave to pass through the body upon impact that results in catastrophic injuries even in areas remote to the direct wound. 62. AR-15 rifles like the XM15-E2S are capable of propelling ammunition at 4,000 feet per second. Large-Capacity Magazines 63. In addition to exceptional muzzle velocity, AR-15 rifles are also designed to accept large-capacity magazines. 64. A large-capacity magazine [*12] is defined as a magazine that holds more than ten rounds. 65. Large-capacity magazines were first designed and produced for the military in order to increase the firepower of U.S. infantry by minimizing time spent reloading. 66. "Civilian" AR-15 rifles, including the XM15-E2S, are manufactured to be compatible with magazines that hold as many as 100 rounds. Effective Rapid Fire 67. All AR-15 rifles, including the XM15-E2S, can empty their magazines with exceptional speed. 68. The rifles carried by U.S. forces are capable of both full automatic and semiautomatic fire. Full automatic fire can empty a 30-round magazine in two seconds. Semiautomatic fire can empty the same 30-round magazine in five to ten seconds. 69. The United States Army considers semiautomatic fire more effective than automatic fire in most combat situations. 70. "Civilian" semiautomatic rifles like the XM15-E2S, therefore, are capable of the same rapid fire that the U.S. Army deems optimal for the military theater. 71. Structurally and mechanically, AR-15 rifles remain the progeny - and instruments - of war. 72. Semiautomatic fire unleashes a torrent of bullets in a matter of seconds; large-capacity [*13] magazines allow for prolonged assaults; and powerful velocity makes each hit catastrophic. 73. The net effect is more wounds, of greater severity, in more victims, in less time. 74. This superior capacity for lethality - above and beyond other semiautomatic weapons - is why the AR-15 has endured as the U.S. military's weapon of choice for 50 years. C. A "Civilian" Weapon Marketed for Combat 75. The uniquely military characteristics of the AR-15 are not lost on the Bushmaster Defendants. 76. Indeed, the Bushmaster Defendants attract buyers by extolling the militaristic and assaultive qualities of their AR-15 rifles, including the XM15-E2S. 77. The Bushmaster Defendants promote their AR-15s by advertising that the most elite branches of the military - including Special Forces, SEALs, Green Berets, and Army Rangers - have used them. 78. The Bushmaster Defendants tout Bushmaster rifle barrels as "the finest AR15-Type/M16-Type barrels made," promising that they "provide the same matte black, non-reflective finish found on quality military-type arms." 79. When the Bushmaster Defendants rolled out a new AR-15 rifle model, defendants' advertising lauded the gun as "the uncompromising [*14] choice when you demand a rifle as mission-adaptable as you are." 80. A Bushmaster product catalogue shows soldiers moving on patrol through jungles, armed with Bushmaster rifles. Superimposed over the silhouette of a soldier holding his helmet against the backdrop of an American flag is text that reads: "When you need to perform under pressure, Bushmaster delivers." 81. In another Bushmaster product catalogue, firearms like the XM15-E2S are advertised with the slogan, "military-proven performance." 82. The Bushmaster Defendants have promoted one of their "civilian" rifles as "the ultimate combat weapons system." 83. The Bushmaster Defendants' marketing invokes the unparalleled destructive power of their AR-15 rifles. In one product catalogue, advertising copy above a close-up of an AR-15 reads: "Forces of opposition, bow down. You are single-handedly outnumbered." 84. The Bushmaster Defendants' militaristic marketing reinforces the image of the AR-15 as a combat weapon used for the purpose of waging war and killing human beings. 85. This marketing tactic dovetails with the widespread popularity of realistic and addictive first-person shooter games - such as "Call of Duty" - that [*15] prominently feature AR-15s and reward players for "head shots" and "kill streaks," among other assaultive and violent "achievements." 86. It is widely known that such games expose players to intensely realistic tactical scenarios and teach assaultive weapon techniques such as taped reloads, by which high-capacity magazines are taped together to reduce reloading time. 87. The Bushmaster Defendants further promote the use of the XM15-E2S and similar rifles as combat weapons by designating in their product catalogues that 30-round magazines are "standard" for those models. The Bushmaster Defendants even include a 30-round magazine with each purchased AR-15. 88. By contrast, the Bushmaster Defendants' hunting and sporting rifles come equipped with significantly less ammunition. 89. According to the Bushmaster Defendants, 5-round magazines are "standard" for the .450 Bushmaster rifle, which is advertised as "suitable for all North American big game." 90. According to the Bushmaster Defendants, 5-round magazines are "standard" for the Bushmaster "Predator Rifle," which is described as "the ultimate predator-hunting carry rifle." 91. According to the Bushmaster Defendants, 5-round magazines are "standard" for the Bushmaster "Varminter Rifle," which is "built specifically for varmint hunters." 92. According to the Bushmaster Defendants, 10-round magazines are "standard" for the Bushmaster "Competition Rifle." D. A "Civilian" Weapon with no Legitimate Civilian Purpose 93. As set forth above, the AR-15's combination of exceptional muzzle velocity, ability to accept large-capacity magazines, and effective rapid fire has significant utility in the military context. These same features make the weapon grossly ill-suited for legitimate civilian purposes. Self-Defense 94. There is no evidence that semiautomatic rifles are commonly used for, or necessary for, legitimate self-defense by law-abiding citizens. 95. Semiautomatic rifles' length makes them inferior to smaller guns in the confines of a home. 96. It is handguns, and not long guns, that are widely considered to be the optimal weapon for home defense. 97. In D.C. v. Heller, 554 U.S. 570, 629 (2008), the Supreme Court of the United States extolled the handgun as the "quintessential self-defense weapon." The Court cited several reasons for this: "It is easier to store in a location [*17] that is readily accessible in an emergency; it cannot easily be redirected or wrestled away by an attacker; it is easier to use for those without the upper-body strength to lift and aim a long gun; it can be pointed at a burglar with one hand while the other hand dials the police." These characteristics are absent from the AR-15. 98. Semiautomatic rifles are not only ill-suited to home defense, they are dangerous when used in that capacity. 99. The velocity and rate of semiautomatic fire in the home creates a significant risk of what is referred to as "over-penetration," where bullets breach walls and doors, putting family members, neighbors, and even passers-by at risk. 100. The military has concluded that use of the Ml 6 in close quarters greatly increases the risk of fratricide and noncombatant casualties, and trains soldiers accordingly. 101. When Bushmaster's AR-15 was reviewed by Guns & Ammo Magazine in 1983, the reviewer commented: "As a home defense weapon, it certainly possesses ample firepower with a 30-round magazine, but the .223 cartridge is a mite too powerful and penetrating for this use." It concluded that the rifle would instead be of value to "a police S.W.A. [*18] T. team in close-quarter encounters with evil-doers." 102. Moreover, the ability to accept large-capacity magazines, vital for modern combat, is unnecessary for home defense. 103. The National Rifle Association Institute for Legislative Action ("NRA-ILA") maintains a database of "armed citizen" stories describing private citizens who have successfully defended themselves or others using a firearm. According to a study of all incidents in that database from 1997 to 2001, an average of 2.2 shots were fired by defenders; and in 28% of incidents, no shots were fired at all. A follow-up study of incidents that occurred from 2011 to 2013 revealed that defenders fired an average of 2.1 shots. 104. The likelihood of an AR-15 causing accidental harm when used for home defense substantially exceeds the likelihood that large quantities of semiautomatic fire will be necessary for protection. ENTRUSTMENT OF MILITARY WEAPONS TO THE PUBLIC 144. The military and law enforcement have a legitimate need for a weapon as lethal as the AR-15, but they also recognize that strict safety measures and rigorous oversight are necessary to protect soldiers, police officers, and innocent civilians from physical harm. 145. When AR-15s are entrusted to the public, [*25] no legitimate need is served and no institutional structure is in place to oversee the safe and intelligent use of those weapons.

DEFENDANTS’ MOTION TO STRIKE THE FIRST AMENDED COMPLAINT

In lieu of filing an Answer to Defendants’ First Amended Complaint, the Defendants’ filed their Motion to Strike the Complaint. What is a ‘motion to strike’; what is its purpose; what is it supposed to do? The Connecticut Supreme Court the purpose of a motion to strike, in Santorso v. Bristol Hosp., 308 Conn. 338; 63 A.3d 940; 2013 Conn. LEXIS 120, explains:"A motion to strike challenges the legal sufficiency of a pleading . . . and, consequently, requires no factual findings by the trial court. As a result, our review of the court's ruling is plenary. . . . We take the facts to be those alleged in the complaint that has been stricken and we construe the complaint in the manner most favorable to sustaining its legal sufficiency. . . . Thus, [i]f facts provable in the complaint would support a cause of action, the motion to strike must be denied. . . . A motion to strike is properly granted if the complaint alleges mere conclusions of law that are unsupported by the facts alleged." (Citation omitted; internal quotation marks omitted.) Bridgeport Harbour Place I, LLC v. Ganim, 303 Conn. 205, 212-13, 32 A.3d 296 (2011)." The motion to strike a complaint (pleading) is the same thing as a motion to dismiss as the latter concept is understood and utilized in most jurisdictions. The Soto Defendants are claiming that, on no set of facts—when accepted as true—do the Soto Plaintiffs have a basis for having their case heard. A motion to strike, if granted, obviates the need for trial on the merits. Basically, Defendants are saying that, for purposes of argument, the Court can accept the truth of every allegation of the Complaint and that, it doesn’t matter because, as a matter of law, not fact, the Soto Plaintiffs case must be dismissed. The motion to strike is, then, a very powerful legal maneuver. The Superior Court then looked at the allegations of the First Amended Complaint to ascertain whether, as a matter of law, there was at least one factual allegation that warranted a trial on the merits. The Superior Court looked carefully at Plaintiffs’ allegations and determined that, as a matter of law, the Soto Plaintiffs’ case is meritless, and granted the Defendants’ motion to strike in total. The Soto Plaintiffs thereupon appealed the adverse decision directly to the Connecticut Supreme Court. The Court accepted review and listened to arguments on both sides. Given the importance of Defendants’ challenge, the Arbalest Quarrel analyzes the Superior Court’s reasoning, in depth below. In the next article on Soto, we will look at arguments presented by both Defendants and Plaintiffs and we will look at a few amicus curiae (friend of court) briefs as well. Once the Connecticut Supreme Court issues its ruling, we will then report on the Connecticut high Court’s findings.

CAN FIREARMS MANUFACTURERS BE HELD LIABLE FOR MISUSE OF FIREARMS BY PERSONS WHOM THE MANUFACTURERS ARE NOT IN PRIVITY WITH—THAT IS TO SAY, CAN FIREARMS MANUFACTURERS BE HELD LIABLE FOR MISUSE OF FIREARMS BY INDIVIDUALS WHOM FIREARMS MANUFACTURERS HAVE NEVER SOLD FIREARMS DIRECTLY TO AND, THEREFORE, HAVE HAD NO DIRECT CONTACT WITH AND, SO, HAVE HAD NO DIRECT KNOWLEDGE OF?

You may recall that, during the 2016 Democratic Party Nomination Debates, U.S. Presidential Candidates Hillary Clinton, Martin O’Malley, and Lincoln Chafee, playing to their audience, comprised of individuals who have no understanding of firearms—apart from the false and even absurd ideas about firearms they see in the movies, given Hollywood’s ludicrous cinematic treatment of firearms and what they read in the Press or what they hear when tuning in to their favorite liberal pundits on PBS, ABC, CBS, CNN, MSNBC or what they gather from comedians like Bill Maher, Jon Stewart, and Stephen Colbert, peppering and lacing their comments with imbecilic notions regarding firearms—falling over each other, trying to convince their audience that one rather than the other had the most virulent attitudes toward firearms. Each of them argued that manufacturers of firearms could and should be held for criminal misuse of firearms. Curiously, the one “Socialist” Democratic Party Candidate, Bernie Sanders offered up that manufacturers, as third parties cannot and ought not be held liable for criminal misuse of firearms. Of course, Sanders hales from a Libertarian State, Vermont, and it would hardly do for Sanders to take as hard and unequivocal stand against gun ownership and possession as the other Democratic Party Candidates. But, Sanders was right. Firearms manufacturers cannot be held liable for the misuse of firearms by individuals. That doesn’t stop lawsuits. That doesn’t stop plaintiffs from attempting to hold firearms manufacturers liable for homicides and other mayhem committed with firearms by lunatics and maniacs, by psychopathic criminals, and by assorted mental incompetents and misfits with whom the manufacturers have no knowledge of.

SOTO PLAINTIFFS’ THEORY OF LIABILITY AGAINST BUSHMASTER

A. PROTECTION OF LAWFUL COMMERCE IN ARMS ACT (PLCAA)

Soto’s theory of liability against Bushmaster rests in principal part on a misguided attempt to shoehorn federal law, the Protection of Lawful Commerce in Arms Act (PLCAA), 15 U.S.C. §7901 et seq. (2012), into a cause of action against Bushmaster to hold Bushmaster liable for the harm committed by a lunatic, Adam Lanza, whom Bushmaster has had absolutely no connection with. Soto’s reliance on the PLCAA is particularly misguided because Congress enacted the PLCAA for the express purpose of protecting firearms manufacturers from claims brought by individuals harmed by parties with whom those firearms manufacturers have no connection with. The PLCAA was designed specifically to protect manufacturers from frivolous lawsuits against them when Plaintiffs flail about looking to cast blame on the wrong party rather than on the right party—the criminal, lunatic, maniac, psychopath—that misused the firearm in the first place. What does the PLCAA say? In principal part, the Act says this:(a) Findings. Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals. (4) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States are heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act [26 USCS §§ 5801 et seq.], and the Arms Export Control Act [22 USCS §§ 2751 et seq.]. (5) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition products that have been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended. (6) The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation's laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States. (b) Purposes. The purposes of this Act are as follows: (1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended. (2) To preserve a citizen's access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting. (3) To guarantee a citizen's rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment. (4) To prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce.Now, 15 U.S.C. § 7901(b)(1), especially, prohibits the very cause of action under the Act that the Soto Plaintiffs wrongly believe follows from an application of the Act unless there exists an exception. But, this is not to say that firearms manufacturers have absolute liability from suit, contrary to charges made by Hillary Clinton and those of her ilk—amounting to epitaphs against the entire firearms’ industry. Congress gives, under PLCAA, firearms manufacturers qualified immunity only.One exception that the Soto Plaintiffs attempt to rely on to shoehorn a cause of action against Bushmaster under the PLCAA is negligent entrustment (negligence per se). The paramount question is, then, whether, negligent entrustment can be imposed on Bushmaster for the harm that Adam Lanza caused. It can unless Bushmaster is immune from liability under the concept of qualified immunity, under 15 U.S.C. §7903(5)(A)(ii) (2012). We have to look at the meaning of ‘qualified immunity’ as used in and under PLCAA.

1. WHAT IS QUALIFIED IMMUNITY UNDER THE PLCAA

Qualified immunity is defined in 15 U.S.C. §7903(5)(A) (2012) of the PLCAA. That section says this: “In general. The term ‘qualified civil liability action’ means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party.”Qualified immunity under the PLCAA means then that firearms manufacturers generally have no liability for the harm their products caused another through the misuse of its firearms by a third party but that exceptions exist, as further set forth in that statutory section—hence the use of the legal expression, ‘qualified immunity,’ rather than ‘absolute immunity’, the latter term of which would shield a firearms manufacturer from all liability brought by a party plaintiff against the firearms manufacturer for harm that the firearms manufacturer caused to another through misuse of its products by a third party. Qualified immunity, acts, then as a shield, which does protect a firearms manufacturer from liability, unless that qualified immunity is lost—essentially shattered, which opens a firearms’ manufacturer up to liability. Qualified immunity may share an attribute of absolute immunity in the sense that qualified immunity, if it attaches, is an entitlement not to stand trial. But, unlike absolute immunity that entitlement may in certain circumstances be lost. Those circumstances are set forth in 15 U.S.C. §7903(5)(A) (2012). For a discussion on immunity, qualified and absolute, see generally,  Mitchell vs. Forsyth, 472 U.S. 511 ; 105 S. Ct. 2806; 86 L. Ed. 2d 411; 1985 U.S. LEXIS 113, discussing immunity as applied to Government official, where the concept of immunity ordinarily applies. But, in the context here, where qualified immunity applies to a firearms manufacturer (Congressional Statute based immunity), this means that Bushmaster is not liable for the harm that the maniac, Adam Lanza, caused students and staff at Sandy Hook Elementary School in Newtown Connecticut unless Bushmaster’s qualified immunity shield is lost through an exception, and Plaintiffs’ that are bringing the suit against Bushmaster and other Defendants, has the burden of showing that an exception, under PLCAA exists through which liability can be imposed upon Bushmaster and others in the lawsuit.Plaintiffs’ that are bringing the suit against Bushmaster and other Defendants, have the burden of showing that an exception, under PLCAA exists through which liability can be imposed upon Bushmaster and others in the lawsuit.One exception that causes a firearms manufacturer to lose its liability is predicated on the legal principle of ‘negligent entrustment.’ Soto claims that Bushmaster can and should be held liable under this principle of ‘negligent entrustment’ and the PLCAA does refer to ‘negligent entrustment’ as one of six stated exceptions to a firearm manufacturer’s defense of qualified immunity. This notion of ‘negligent entrustment’ has a very specific meaning in the PLCAA and, for a party plaintiff to claim the negligent entrustment exception to qualified immunity, the party plaintiff must, in the first instance, allege facts that comport with the elements of negligent entrustment. The negligent entrustment exception to a firearms manufacturer’s defense of qualified immunity falls under 15 U.S.C. §7903(5)(A)(ii) (2012) of the PLCAA.

2. WHAT DOES THE LEGAL EXPRESSION, ‘NEGLIGENT ENTRUSTMENT,’ UNDER THE PLCAA MEAN?

In this Act, 15 U.S.C. §7903(5)(B) (2012): “As used in subparagraph (A)(ii), the term ‘negligent entrustment’ means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others.”Can negligent entrustment be imposed on Bushmaster for the harm that Adam Lanza caused? On its face, the answer is “no.” Bushmaster did not sell the weapon that Adam Lanza used in the murdering innocent children and staff at the elementary school. Hence, it cannot be said that Bushmaster knew or reasonably should have known that “the person to whom the product was supplied was likely to and did use the product in a manner involving unreasonable risk of physical injury to the person or others.” Generally, negligent entrustment would be applied to firearms dealers, not firearms manufacturers as it is the dealers, not the manufacturers who are in direct contact with. But, then, the PLCAA does not protect firearms dealers anyway. It was designed to protect firearms manufacturers from suit. In any event, the gun dealer who sold the weapon that Adam Lanza used in committing murder did not sell the weapon to Lanza as he was prohibited under law from owning and possessing firearms. The weapon was sold to Adam Lanza’s mother and Lanza’s mother failed to properly secure the firearm. It is Adam Lanza’s mother who, in the first instance, is the party responsible for the murderous shooting spree that followed.

3. WHAT DID THE CONNECTICUT SUPERIOR COURT SAY CONCERNING APPLICATION OF PLCAA TO THE CASE?

The Superior Court of Connecticut made clear the point that, for a party plaintiff to overcome or override a manufacturer’s qualified immunity under the PLCAA—in other words, to state cause of action, say, negligent entrustment—such claim, must arise under State law, not federal law. The Superior Court explicitly asserts that PLCAA only preserves those State claims that fall within one of the enumerated exceptions, such as negligent entrustment actions. Exceptions to PLCAA do not constitute a basis for a cause of action. The Court said:“Although PLCAA explicitly preserves claims that fall within its enumerated exceptions, such as negligent entrustment actions, it does not create them. 15 U.S.C. §7903(5)(A)(ii) and (5)(C) (2012). PLCAA explicitly provides that ‘no provision of this chapter shall be construed to create a public or private cause of action or remedy.’ 15 U.S.C. §7903(5)(C) (2012). By its own terms, therefore, PLCAA cannot be read as creating a cause of action. Accordingly, the court concludes that for a plaintiff's negligent entrustment claim to be permitted under PLCAA. it must arise under state law. See Phillips v. Lucky Gunner, LLC, 84 F.Sup.3d 1216 (2015) (‘Although the PLCAA identifies negligent entrustment as an exception to immunity, it does not create the cause of action . . . Accordingly, the claim arises under state law’). Nonetheless, because Congress specifically included a definition of "negligent entrustment" in PLCAA, the court presumes that the definition serves a purpose and carries a meaning beyond merely referencing state common-law claims. Therefore, any state law negligent entrustment claim must also satisfy the PLCAA definition of ‘negligent entrustment.’ See, e.g., Delana v. CED Sales, Inc., 486 S.W.3d 316 (Mo. 2016), reh'g denied (May 24, 2016) ("a state-law claim may continue to be asserted . . . if it falls within the definition of a 'negligent entrustment' claim provided in the PLCAA"). Accordingly, the court will examine whether the plaintiffs' allegations meet the requirements for negligent entrustment claims under both Connecticut common law and the statutory definition set forth in PLCAA.”The Superior Court of Connecticut made clear that, if the Soto Plaintiffs' claim predicated on “negligent entrustment is tenable, Soto must satisfy the elements for a cause of action of negligent entrustment against Bushmaster as set forth in State law, as well as meeting the definition of ‘negligent entrustment’ set forth in PLCAA. So, the question is what are the elements of a cause of action for “negligent entrustment” in Connecticut and, second, has Soto, adequately pled those elements in its CM?

B. DOES SOTO’S CM SATISFACTORILY ALLEGE A VALID CLAIM OF NEGLIGENT ENTRUSTMENT UNDER CONNECTICUT LAW?

1. WHAT ARE THE ELEMENTS OF NEGLIGENT ENTRUSTMENT?

In Connecticut, there are two elements that comprise negligent entrustment. The Superior Court said this about negligent entrustment:"More specifically, the Superior Court has determined that an entrustment can be considered negligent only if (1) there is actual or constructive knowledge that the entrustee is incompetent or has a dangerous propensity, and (2) the injury resulted from that incompetence or propensity. See, e.g., Arocho v. Simonelli, Superior Court, judicial district of Stamford-Norwalk, Docket No. CV-12-6013221-S, 2015 Conn. Super. LEXIS 1635 (June 23, 2015, Adams, J.T.R.); Kaminsky v. Scoopo, Superior Court, judicial district of New Haven, Docket No. CV-08-6002084-S (July 30, 2008, Bellis, J.) (46 Conn. L. Rptr. 82, 83, 2008 Conn. Super. LEXIS 1910). "Actual knowledge is based on incompetency or a failure to appreciate some visible or demonstrable impairment . . . whereas constructive knowledge . . . is based on facts that are openly apparent or readily discernible." (Internal quotation marks omitted.) Morillo v. Georges, Superior Court, judicial district of Hartford, Docket No. CV-15-6058761-S (December 31, 2015, Peck, J.) (61 Conn. L. Rptr. 541, 544, 2015 Conn. Super. LEXIS 3191). Whether actual or constructive, knowledge "is the essential element of a cause of action for negligent entrustment." Beale v. Martins, Superior Court, judicial district of Waterbury, Docket No. CV-13-6020940-S (December 1, 2015, Brazzel-Massaro, J.) (61 Conn. L. Rptr. 389, 390, 2015 Conn. Super. LEXIS 2989) ("[w]ithout the key allegation of knowledge, the plaintiff has not sufficiently pled a claim for negligent entrustment"); see also Kaminsky v. Scoopo, supra. . . ."On the basis of the Court’s reasoning it’s clear that Bushmaster must have knowledge, whether constructive or actual, that Adam Lanza, the “entrustee,” was incompetent or dangerous and therefore should not have had access to firearm or firearms that were manufactured by Bushmaster and that were used in the deadly shootings at Sandy Hook Elementary School, in Newtown, Connecticut. So, the question is:

2. FROM THE ALLEGATIONS OF THE COMPLAINT, DID BUSHMASTER HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF ADAM LANZA’S MENTAL INCOMPETENCY OR DANGEROUS PROPENSITY TO HARM SELF OR OTHERS WITH BUSHMASTER’S FIREARMS?

The Court acknowledged that Soto Plaintiffs admitted: “In the present case, the court agrees with the plaintiffs that the theory of common-law negligent entrustment rests on the foreseeability of the likelihood of misuse of the chattel.” But, what is the nature of the foreseeability that satisfies the knowledge requirement of negligent entrustment? According to the Court, “The plaintiffs . . . have explicitly stated that their claims are not dependent on these parties' propensities; instead, the plaintiffs argue, ‘in a top-down case like this [the court looks] to the propensities of a class of individuals and the environment in which those individuals are likely to use [the instrument].’ In other words, the plaintiffs suggest that a claim of negligent entrustment can be sufficiently alleged where the chattel will ultimately reach individuals who are likely to misuse it.” But, are the Soto Plaintiffs' correct? The Court said this, about foreseeability:“. . . [I]n order to allege a legally sufficient negligent entrustment claim, the plaintiffs must allege that each entrustment was initially negligent. In other words, the plaintiffs must identify what foreseeable misuse rendered the initial entrustees incompetent. In the operative complaint, the plaintiffs have alleged the following relevant facts: The defendants knew or had reason to know that their respective entrustees were engaging in substantial sales of military caliber AR-15s, meant for specialized, highly regulated institutions, such as the armed forces and law enforcement, to the civilian market on a consistent basis and that such sales would give individuals who are unfit to operate the weapons access to them. Complaint, ¶¶9, 12. This, the defendants knew or should have known, posed an unreasonable and egregious risk of physical injury. Complaint, ¶213. Finally, each defendant knew, or should have known, that their respective entrustee's use of the product involved an unreasonable risk of physical injury to others. Complaint, ¶¶224, 225. Despite this knowledge, the plaintiffs allege, by transferring the XM15-E2S to each entrustee, the defendants continued to entrust the XM15-E2S to the civilian population. Complaint, ¶¶171, 172, 176, 177, 178, 182. Accordingly, the plaintiffs allege, selling to the civilian market is a misuse that renders each entrustment tortious.”The Superior Court of Connecticut thereupon concluded “that such sales do not constitute misuse as a matter of law. The court does not agree with the plaintiffs' assertion that the common law recognizes a class as broad as civilians to support a claim for negligent entrustment.”The Soto Plaintiffs  would have the Court hold a firearms manufacturer liable for any misuse of a firearm among the entirety of the civilian population, consisting of over three hundred million individuals residing in this Country. If the Court bought into that argument that would essentially negate the import of PLCAA and essentially create absolute liability for a firearms manufacturer. This in essence is what Soto and, indeed, antigun groups and antigun legislators seek to do. It is what antigun proponents like Feinstein, and Pelosi and Clinton and Schumer would like to see. They wish to make firearms manufacturers liable for every instance of misuse of a firearm. The risk of liability would thus be so great that firearms manufacturers would be either forced out of business or would have to raise the price of any given firearm they manufacture to tens of thousands of dollars in order to offset the risk of a costly lawsuit. Obviously, very few individuals could afford to purchase a firearm and the result would again be that firearms manufacturers would be forced out of business. Thus, this would amount to end-run around the Second Amendment, resulting in de facto repeal of the Second Amendment.Since, fortunately, the Superior Court of Connecticut determined that the Soto Plaintiffs had failed to allege facts sufficient to support a claim of negligent entrustment under Connecticut law, the Court said it was unnecessary to consider whether facts alleged meet the definition of negligent entrustment under PLCAA. The Court said, “In light of this court's conclusion above that the plaintiffs' negligent entrustment allegations are legally insufficient under Connecticut's common law, it is not necessary for this court to consider whether those claims meet the narrower definition of such claims set forth in PLCAA. Nevertheless, in the interest of thoroughness, and to provide an alternative basis for this court's decision with regard to the legal sufficiency of the plaintiffs' negligent entrustment claims, the court will also consider whether the plaintiffs' claims satisfy the narrower definition of negligent entrustment under PLCAA.” Since the Soto Plaintiffs' negligent entrustment claim as an exception to PLCAA qualified immunity fails, did the Soto Plaintiffs allege any other exception to PLCAA qualified immunity, as there exist six predicate statutory exceptions in PLCAA. The answer is, "yes."

C. CUTPA AS A PREDICATE STATUTE EXCEPTION?

The Soto Plaintiffs “allege that the defendants' conduct constituted a knowing violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes §42-110a et seq.” Why did the Soto Plaintiffs bring up CUTPA?Once again, keep uppermost in mind that, in order for a party plaintiff to proceed with a case against a firearms manufacturer, supplier, distributor, or seller, the plaintiff must breach the shield of qualified immunity under federal law: the PLCAA. There are six ways to do this. That is to say, there are six exceptions to qualified immunity under PLCAA. The Soto Plaintiffs rely on two that appear to be at least theoretically feasible. One exception is the negligent entrustment exception to qualified immunity but the Superior Court determined that this exception is not available to the Soto Plaintiffs for the reasons given, supra. The other possible basis is grounded on violations of Federal or State trade practices related to the marketing or sale of a firearm. The Soto Plaintiffs allege that Defendants violated State law pertaining to commercial trade practices, CUTPA.

1. WHAT DOES CUTPA SAY?

The import and purport of  CUTPA is expressed in Conn. Gen. Stat. § 42-110b, titled Unfair trade practices prohibited. Legislative intent. The Statute says this:(a) No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. (b) It is the intent of the legislature that in construing subsection (a) of this section, the commissioner and the courts of this state shall be guided by interpretations given by the Federal Trade Commission and the federal courts to Section 5(a)(1) of the Federal Trade Commission Act (15 USC 45(a)(1)), as from time to time amended. (c) The commissioner may, in accordance with chapter 54, establish by regulation acts, practices or methods which shall be deemed to be unfair or deceptive in violation of subsection (a) of this section. Such regulations shall not be inconsistent with the rules, regulations and decisions of the federal trade commission and the federal courts in interpreting the provisions of the Federal Trade Commission Act. (d) It is the intention of the legislature that this chapter be remedial and be so construed. The question is whether the Soto Plaintiffs can shoehorn CUTPA into PLCAA. If so, then CUTPA becomes the predicate statute exception necessary to strip Bushmaster of its qualified immunity under PLCAA. The Superior Court of Connecticut explained that nothing existed in PLCAA to suggest that CUTPA is to be read broadly, as the Soto Plaintiffs allege, to implicate the sale or marketing of firearms. To answer this question, the Superior Court of Connecticut looked to the “sale or marketing of the product” exception to a firearm manufacturer’s qualified immunity that might feasibly apply to this case. That exception as written in PLCAA is found in 15 U.S.C. §7903(5)(A)(iii), which says: The term ‘qualified civil liability action’ means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include . . . (iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, including— (I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or State law with respect to the qualified product, or aided, abetted, or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product; or (II) any case in which the manufacturer or seller aided, abetted, or conspired with any other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of section 922 of title 18, United States Code;In order for an unfair trades practice to PLCAA to operate as an exception to a firearms manufacturer’s qualified immunity, it is necessary for the manufacturer to either have to have engaged in an action amounting to fraud or to have aided, abetted, or conspired with any person, such as a firearms dealer, to sell a firearm to a buyer whom the firearms’ manufacturer knows or has “reasonable cause to believe” that the actual buyer of the firearm is prohibited under federal law “from possessing or receiving. In Soto, the Plaintiffs made no allegation in their lengthy First Amended CM to so much as suggest that Bushmaster had either committed fraud or aided another in the commission of fraud in the sale of its AR-15, or that Bushmaster had aided, abetted, or conspired with any other named Defendant Seller or Distributor of the AR-15 semiautomatic Rifle to sell the rifle to someone whom Bushmaster knew or had reasonable cause to believe could not lawfully possess or receive a firearm under applicable federal law, namely, under 18 U.S.C.S. § 922(g) or under 18 U.S.C.S. § 922(n). For, it is clear that none of the Defendants in Soto had been engaged in a sale of the AR-15 Bushmaster semiautomatic rifle That should have been sufficient to preclude the Soto Plaintiffs from relying on 15 U.S.C. §7903(5)(A)(iii) of PLCAA as an exception to qualified immunity since, whether CUTPA applies or not, there is nothing to suggest, in the allegations of the First Amended CM, that Bushmaster had engaged in fraud or had conspired or aided or abetted the selling of a firearm to a person who is not lawfully permitted to possess or receive a firearm. But, the Superior Court seemed to avoid that conclusion and looked to whether CUTPA, in the first instance, applies as a predicate statutory exception to qualified immunity, notwithstanding that, nothing in the myriad allegations of the pleading set forth anything suggesting that Bushmaster engaged in fraud or had knowingly conspired to sell its model AR-15 semiautomatic rifle to a lunatic and maniac, Adam Lanza. Of course, the Soto Plaintiffs’, wish to make “a go” of their attack against Bushmaster. In that effort they allege that, although, obviously, Bushmaster did not knowingly sell its model AR-15 to Adam Lanza, who was under legal disability and could not legally possess any firearm anyway—and, after all, the model AR-15 semiautomatic rifle was lawfully sold to Adam Lanza’s mother, who was not under legal disability. The Soto Plaintiffs’, in their First Amended CM, make much of the idea that Bushmaster’s marketing targeted the entirety of the civilian population in this Nation, and that some members of that civilian population embrace, criminal elements, sociopaths, psychopaths, and other assorted lunatics and maniacs. But, the Superior Court found nothing in CUTPA that provided a hook upon which the Soto Plaintiffs could argue an exception to Bushmaster’s qualified immunity. As the Court said: “There is no appellate authority resolving the issue of whether CUTPA qualifies as a predicate statute or discussing the breadth of the predicate exception.” Since the Superior Court found nothing in Connecticut’s unfair trade practices law upon which the Soto Plaintiffs could obtain the hook necessary to break through the Defendants’ shield of qualified immunity under the PLCAA, the Superior looked to federal law—specifically, to the law of the Second Circuit, which covers the territory of Connecticut, New York, and Vermont—to see if there is anything in federal law that would support an exception to Bushmaster’s qualified immunity under the PLCAA. As the Superior Court said: “under principles set forth previously in this memorandum, the court must follow the plain meaning rule to interpret the federal statute and, accordingly, will look to the decisions of the Second Circuit Court of Appeals as particularly persuasive authority.”Looking at Second Circuit opinion, the Superior Court drilled down to determine whether the word, ‘applicable,’ as it appears in the PLCAA: "The term ‘qualified civil liability action’ means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include . . . (iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought. . . .”  The term, 'applicable,' appears in the third exception to qualified immunity set forth in the PLCAA, applies to the sale or marketing of firearms. The reasoning of the Court is insightful, and is cited here at length:"In New York v. Beretta U.S.A. Corp., supra, 524 F.3d 384, the Second Circuit Court of Appeals specifically addressed the meaning of the term ‘applicable’ as Congress used that word in the phrase ‘statute applicable to the sale or marketing of [firearms].’ In Beretta, the city of New York brought an action against various firearms manufacturers to decrease the alleged public nuisance caused by the defendants' negligent and reckless merchandising of handguns. While the plaintiffs relied on the dictionary definition of ‘applicable,’ i.e., ‘capable of being applied,’ the defendants argued that “‘the phrase ‘statute applicable to the sale or marketing of [a firearm]’ in the context of the language in the entire statute limits the predicate exception to statutes specifically and expressly regulating the manner in which a firearm is sold or marketed—statutes specifying when, where, how, and to whom a firearm may be sold or marketed.’” Id., 400. After determining that both groups of parties in Beretta relied on a reasonable meaning of the term, the Second Circuit conducted a statutory interpretation of the word using canons of statutory construction and the legislative history of PLCAA. Ultimately, the court held that the exception created by 15 U.S.C. §7903(5)(A)(iii) ‘does encompass statutes (a) that expressly regulate firearms, or (b) that courts have applied to the sale and marketing of firearms; and . . . does encompass statutes that do not expressly regulate firearms but that clearly can be said to implicate the purchase and sale of firearms.’ Id., 404. In light of this highly persuasive interpretation of the term ‘applicable,’ and because CUTPA does not expressly regulate firearms, the court must next analyze whether: (1) courts have applied CUTPA to the sale and marketing of firearms, or (2) CUTPA clearly can be said to implicate the purchase and sale of firearms. With regard to whether CUTPA is a statute that courts have previously applied to the sale or marketing of firearms, the answer is yes. Specifically, in Salomonson v. Billistics, Inc., Superior Court, judicial district of New London, Docket No. CV-88-508292, 1991 Conn. Super. LEXIS 2231 (September 27, 1991, Freedman, J.T.R.), the court held that ‘[t]he instant transactions for the sale, manufacture and delivery of remanufacturer weapons to Plaintiff meets the statutory definition of trade or commerce, General Statutes §42-110a(4) . . .’ In addition, in Ganim v. Smith & Wesson Corp., 258 Conn. 313, 780 A.2d 98 (2001), the plaintiffs, the city of Bridgeport and its mayor, Joseph Ganim, asserted CUTPA claims against the defendants, various firearm manufacturers, trade associations, and retail sellers, arising from the defendants' alleged misconduct in the advertising, marketing, and selling of handguns. Id., 315-16, 334-35. Although the Supreme Court ultimately dismissed the CUTPA claims on standing grounds; id., 373; it expressed no concern regarding whether the statute applied to such transactions. To the contrary, the Supreme Court expressly left open the possibility that a CUTPA claim based on a defendant's misleading marketing of firearms could be maintained by appropriate plaintiffs who are less removed than those in the Ganim case. Therefore, the test set forth in New York v. Beretta is satisfied because the Superior Court has applied CUTPA to the sale and marketing of firearms. Accordingly, CUTPA is a valid predicate statute.”Boiled down to its essence, the Superior Court determined that, because, under the law of the Second Circuit, CUTPA does apply to the sale and marketing of firearms, the Superior Court concluded that CUTPA does operate as a proper predicate statute. But, that isn’t the end of the inquiry. Even though the Superior Court ruled that CUTPA is a valid predicate statute that can therefore be availed upon by party plaintiffs to be utilized against the firearms manufacturers to attack the shield of qualified immunity, that isn’t the end of the inquiry. That alone does not suffice to break through the shield of qualified immunity. For, the question then arises, according to the Superior Court whether a proper commercial or proper consumer relationship exists between a defendant firearms manufacturer, supplier, distributor, or seller, and the party plaintiffs who have filed suit against the defendant manufacturer, supplier, distributor, or seller. So, the Superior Court asked, and we ask here:

2. DOES A PROPER COMMERCIAL OR CONSUMER RELATIONSHIP EXIST BETWEEN THE SOTO PLAINTIFFS ON THE ONE HAND AND THE SOTO DEFENDANTS ON THE OTHER SUFFICIENT TO SUPPORT AN ACTION BY THE PLAINTIFFS AGAINST DEFENDANTS BUSHMASTER GROUNDED ON UNFAIR TRADE PRACTICES UNDER CONNECTICUT’S CUTPA, THEREBY BREAKING THROUGH THE SHIELD OF QUALIFIED IMMUNITY OF THE PLCAA, ALLOWING PLAINTIFFS TO ARGUE THE MERITS OF THEIR CASE SUPPORTING THEIR PRAYER FOR DAMAGES FOR WRONGFUL DEATH AND PRAYER FOR INJUNCTIVE RELIEF?

If a proper commercial or consumer relationship connection can be legally drawn between Bushmaster and the killer, Adam Lanza, then, in that event, that would allow the Soto Plaintiffs to pierce the shield of the PLCAA, stripping Defendants’ PLCAA qualified immunity and allowing Soto Plaintiffs the opportunity they want to argue the case on the merits. But, then, we must ask whether a proper commercial or consumer relationship exists grounded on the allegations of the First Amended CM.The Defendants argue that the Soto Plaintiffs’ claims, as set forth in their pleading are deficient, and, so, legally insufficient to support the necessary connection between Defendant Bushmaster and the killer of children, Adam Lanza. The Superior Court wrote: “the defendants contend that the CUTPA counts are legally insufficient because CUTPA does not provide protection for persons who do not have a consumer or commercial relationship with the alleged wrongdoer, and such a relationship does not exist between the plaintiffs and the defendants in the present action. In response, the plaintiffs argue that any person who suffers any ascertainable loss of money or property may sue under CUTPA, regardless of whether they have a consumer or commercial relationship with the defendant. ‘In 1973, when CUTPA was first enacted, the predecessor to §42-110g contained language that limited standing to [a]ny person who purchases or leases goods or services . . . In 1979, however, the legislature amended [CUTPA], deleting all references to purchasers, sellers, lessors, or lessees . . . Notwithstanding the elimination of the privity requirement, [our Supreme Court] previously ha[s] stated that it strains credulity to conclude that CUTPA is so formless as to provide redress to any person, for any ascertainable harm, caused by any person in the conduct of any trade or commerce.’ (Citations omitted; internal quotation marks omitted.) Vacco v. Microsoft Corp., 260 Conn. 59, 87-88, 793 A.2d 1048 (2002). More recently in Pinette v. McLaughlin, 96 Conn.App. 769, 901 A.2d 1269, cert. denied, 280 Conn. 929, 909 A.2d 958 (2006), our Appellate Court reiterated this point, stating that ‘[a]lthough our Supreme Court repeatedly has stated that CUTPA does not impose the requirement of a consumer relationship . . . the court also has indicated that a plaintiff must have at least some business relationship with the defendant in order to state a cause of action under CUTPA.’ (Citation omitted; emphasis in original.) Id., 778; see also Ventres v. Goodspeed Airport, LLC, 275 Conn. 105, 157-58, 881 A.2d 937 (2005) (rejecting defendants' argument that CUTPA plaintiff is not required to allege any business relationship with defendant), cert. denied, 547 U.S. 1111, 126 S.Ct. 1913, 164 L.Ed.2d 664 (2006). ‘Although the doctrine of stare decisis permits a court to overturn its own prior cases in limited circumstances, the concept of binding precedent prohibits a trial court from overturning a prior decision of an appellate court. This prohibition is necessary to accomplish the purpose of a hierarchical judicial system. A trial court is required to follow the prior decisions of an appellate court to the extent that they are applicable to the facts and issues in the case before it, and the trial court may not overturn or disregard binding precedent.’ (Emphasis omitted.) Potvin v. Lincoln Service & Equipment Co., 298 Conn. 620, 650, 6 A.3d 60 (2010). In both Ventres and Pinette, our Supreme Court and Appellate Court, respectively, rejected the plaintiffs' assertions that they need not allege any business relationship with the defendants in order to bring claims against them under CUTPA. Although this court acknowledges that, consistent with the plaintiffs' argument, the language of CUTPA itself makes no mention of a business relationship requirement, this court is bound by the appellate court precedent set by Ventres and Pinette. The plaintiffs here do not contend that a consumer, competitor, or other commercial relationship exists between themselves, i.e., the Sandy Hook shooting victims, and the defendants, i.e., the manufacturers and/or sellers of the gun allegedly used in the Sandy Hook shooting. Because the plaintiffs do not allege at least some business relationship with the defendants, pursuant to Ventres and Pinette, they have not set forth legally sufficient violations of CUTPA. Therefore, to the extent that the plaintiffs have relied on CUTPA as a predicate statute, the plaintiffs have not set forth legally sufficient claims permitted under the predicate exception to PLCAA.”What the Superior Court’s reasoning boils down to is this: To break through the shield of qualified immunity of the PLCAA The Soto Plaintiffs must allege that they have a business relationship of some sort with the Defendants. The law of the Second Circuit demands this. Otherwise a party plaintiff is unable, legally, to proceed with their case. In the 230 allegations of the First Amended Complaint, the Soto Plaintiffs allege nothing that so much as suggests the existence of a business relationship between the Plaintiffs and Defendants. Thus, Plaintiffs cannot utilize the State’s CUTPA to break through the Federal PLCAA shield of qualified immunity. And, even if they had, Plaintiffs would still have to allege in the pleadings that, “. . . the manufacturer or seller aided, abetted, or conspired with any other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of section 922 of title 18, United States Code. In this case, the actual buyer of the product was Adam Lanza’s mother. She was under no federal disability that would have precluded her from owning and possessing a firearm. Defendants did not conspire to market or sell a firearm to Adam Lanza or, for that matter, to anyone who was not legally permitted, under State or federal law, to receive a firearm—any kind of firearm."The Superior Court of Connecticut considered further arguments’ as set forth in the Defendants’ Motion to Strike the Soto Plaintiffs’ First Amended Complaint, but did so merely for completeness. Having found that Plaintiffs’ pleadings failed to allege any facts supporting a basis in law to overcome Defendants’ qualified immunity under the federal PLCAA, the Court, Judge, Barbara N. Bellis, properly disposed of the case. The last sentence of the Memorandum Opinion reads: “For all of the foregoing reasons, the court grants in their entirety the defendants' motions to strike the amended complaint.” Soto v. Bushmaster Firearms Int'l, LLC, 2016 Conn. Super. LEXIS 2626

WHAT IS THE STATUS OF THE SOTO CASE AT THE TIME OF POSTING THIS ESSAY?

Having lost at the trial Court level, The Soto Plaintiffs appealed the adverse decision of the trial Court directly to the Connecticut Supreme Court and there the case wended its way--the high Court of Connecticut agreeing to hear Plaintiffs’ challenge to the trial Court’s thorough and well-reasoned Opinion. The Arbalest Quarrel could obtain no document relating to the appeal but we note that an Appellate Court does assert appropriate jurisdiction to hear a decision on a Motion to Strike a pleading when the granting of a Motion to Strike is in full, or at least in part, a trial Court’s final judgment and that a party can choose to skip an appeal to the intermediate Court, appealing directly to the highest State Court, and this, obviously, is exactly what happened, as there exists nothing to suggest that the Soto Plaintiffs asked a Connecticut Appellate Court to review the adverse decision of the Superior Court of Connecticut. But, as for the legal basis for a higher Court hearing on a Motion to Strike, which is not a decision on the merits of the case, but on the very sufficiency of the pleadings, a Connecticut appellate Court said this:“‘Generally, the denial of a motion to strike does not constitute a final judgment because it neither terminates a separate and distinct proceeding nor concludes the rights of the parties so that further proceedings could not affect them.’ White v. White, 42 Conn. App. 747, 749, 680 A.2d 1368 (1996); see also Costecski v. Skarulis, 103 Conn. 762, 762-63, 131 A. 398 (1925) (holding no final judgment when case remains pending in trial court "to be thereafter heard upon its merits, upon the pleadings in the court below, or upon such amended pleadings as might legally be filed"). Our Supreme Court, however, has held that we do have jurisdiction to review a ruling on a motion to strike when it is before us as part of an appeal from a valid final judgment. See Breen v. Phelps, 186 Conn. 86, 88-91, 439 A.2d 1066 (1982). Because the present request to review a motion to strike is coupled with an appeal from the court's rendering of a summary judgment, we have jurisdiction to reach all of the plaintiff's claims. Id.” Campbell v. Town of Plymouth, 74 Conn. App. 67, 811 A.2d 243, 2002 Conn. App. LEXIS 608.A local newspaper, the “Hartford Currant,” reports in an article titled, “Sandy Hook Families' Lawyer To Connecticut Justices: Adam Lanza Heard Gunmaker's Marketing Message,” pointed out that the Connecticut Supreme Court heard arguments on November 14, 2017. The newspaper reports, “A Superior Court judge in Bridgeport dismissed the lawsuit in 2016 agreeing with attorneys for Remington that the lawsuit "falls squarely within the broad immunity" provided to gun manufacturers and dealers by the federal Protection of Lawful Commerce in Arms Act, or PLCAA. The lawsuit also named Camfour Holding LLP, the gun's distributor, and Riverview Gun Sales Inc., the East Windsor gun shop where Nancy Lanza purchased the AR-15 right around her son’s 18th birthday. Legal experts said the case will come down to how the state Supreme Court will interpret two possible exceptions allowed under PLCAA — whether Remington can be held liable for so-called “negligent entrustment” or whether it violated the Connecticut Unfair Trade Practices Act. Negligent entrustment is defined as “supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others.” Koskoff started his argument taking the courtroom back to the morning of Dec. 14, 2012 to a “young man on a mission” who knew exactly what weapon to choose to carry out the killings — a Bushmaster assault weapon. “Remington may have never known Adam Lanza but they had been courting him for years,” Koskoff said. “It wasn’t just that [Remington] marketed the weapon looking for people with characteristics of Adam Lanza but that Adam Lanza heard the message. He idolized the military and wanted to be an Army Ranger and Remington marketed the AR-15 as the weapon used by the Army Rangers.”The case will indeed come down to whether the Connecticut Court accepts Plaintiffs’ arguments over those of Defendants as to whether the Plaintiffs arguments claiming a valid negligent entrustment exception or unfair trade practices exception to the qualified immunity defense under the federal PLCAA.The assertion of Plaintiffs’ Counsel, Koskoff, as reported by the newspaper, is rhetorical, and obviously directed to the lay public, with the aim, obviously, to arouse anger and sympathy. But, from a legal and logical perspective, the remarks are devoid of intellectual honesty and are, on that score, utter nonsense.The New York Times, for its part, in an editorial about the Soto case, titled “Parents Fight to Heal Wounds of Sandy Hook,” published on Tuesday, November 28, 2017, and posted a day earlier on the internet, under the title, "Scarred Parents Fight to Rebound After Sandy Hook Massacre," that the case, presently before the Connecticut Supreme Court boils down to this, as apparently perceived by the Soto Plaintiffs: “They’re asking why fast-firing, modified battlefield weapons with large ammunition clips should ever be legally marketed to disturbed and in many cases unhinged civilians via lurid macho-steeped advertising. The adapted wartime rifle like the one used in the Sandy Hook spree has become the weapon choice in mass shooting across the last five years, in which hundreds of people have been murdered.” We can dismiss the simplistic comment in short order. First, the AR-15 model semiautomatic rifle manufactured by Bushmaster and marketed to qualified American civilians is not a “battlefield weapon” and was not manufactured to be a battlefield weapon and is not marketed for sale to the military. Second, the AR-15 model semiautomatic rifle was not marketed to individuals who are under disability as such individuals are not legally permitted to possess that firearm; nor, for that matter, are such individuals permitted to own any firearms. Third, the lunatic, Adam Lanza, obtained the firearm from his mother, whose irresponsibility in properly securing the weapon resulted in her own death and in the subsequent deaths of innocent children and adults. Had Adam Lanza’s mother, Nancy, survived, she, undoubtedly, would face multiple civil lawsuits, and, likely, criminal prosecution as well. For, she, and her son, Adam Lanza—unless he were adjudged incompetent—are the responsible parties for the awful harm done, and not the named Defendants in Soto. The legal claims are against Nancy and Adam Lanza. But, as they are both dead, the claims for wrongful death would have to be lodged against the administrators of Nancy Lanza’s estate, assuming she has an estate to go after. But, simply lashing out at the manufacturer, supplier, distributor, or seller of firearms because those who have been harmed through criminal misuse of their products desire a release valve for their pent-up hurt, and anguish, and rage is not legally, or logically, or rationally justified. The Soto Plaintiffs’ claims are not supported in law. Indeed, there isn’t even a moral basis for their claims. While any normal person can commiserate with the hurt of those who have suffered through this tragedy or, for that matter, through any tragedy, we, as Americans must be circumspect on use of law as a blunt force to promote political, or emotional, or public policy ends. On the matter of the Second Amendment, though, as with the First Amendment, and the Fourth Amendment, it appears the public is whipped up into a continuous frenzy through the machinations of the mainstream media. In that frenzy, the public realizes too late, that they have given up, in one frenetic moment, but for all time, their most cherished rights. —And, might we at least see some consistency. If some, in the public domain, are so willing to take up the sword against firearms and against the manufacturers, suppliers, distributors and sellers of them, why the reticence displayed for those responsible for directing and producing the horrific displays of violence in cinematic releases and why the jaundiced view toward the mayhem presented in the creators of video games? Using the Soto Plaintiffs’ own argument, we may, by the same token, ask: Should these cinematic “violent treats” and games of violence “ever be legally marketed to disturbed and in many cases unhinged civilians via lurid, macho—steeped advertising?” Yet, we know that it would have been perfectly lawful for a fragile, delusional mind like that of Adam Lanza to view all the violent films he wished to see and to immerse himself in all the violent video games he wished to play—all with the blessing and thank you of the Hollywood moguls and of the video game industry honchos. Might we dare ask: How many movies depicting violence and horror had Adam Lanza seen and how many violent video games did Adam Lanza play that, themselves, served as the true impetus for the horror he unleased on the hapless innocent souls once he happened to obtain his mother’s improperly secured firearms? Perhaps Adam Lanza thought, in his feverish mind that, in the carnage he caused, he was in a dream-world. Perhaps he thought he was role-playing in a movie, or role-playing in a game. The fault may rest somewhere, to be sure. We can speculate, of course. That fault may rest in the realistic movies of violence and horror that Adam Lanza was lawfully permitted to see; or in the increasingly realistic games of violence and horror that Adam Lanza was lawfully permitted to play. But, the fault does not rest in firearms; for those, Adam Lanza was not lawfully permitted to own, or to keep, and certainly not permitted to use. And, Adam Lanza never would have obtained those firearms had a responsible adult properly secured them, or refrained from keeping them in her home, knowing full well the nature of her severely mentally ill son.In the Arbalest Quarrel’s next comprehensive essay on the Soto case, we will take a close look at selected legal briefs of the Soto Plaintiffs and Defendants and at a few amicus briefs as well._________________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.