Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: Fourth Amendment

Parkland High School Survivor Questioned After Going to a Shooting Range

This article was published by The McAlvany Intelligence Advisor on Friday, April 27, 2018: 

When Kyle Kashuv, one of the more prominent figures in the ongoing debate about what to do to reduce high school mass shootings, went to a shooting range with his father last Friday, the first thing he did was post some pictures and some pro-Second Amendment comments on Twitter.

He should have known better. With the pain still fresh from the massacre that took place there on Valentine’s Day, he shouldn’t have been surprised at the response. A few of his fellow students at Marjory Stoneman High School took umbrage and reported his Twitter pictures and comments to school authorities. Kashuv explained what happened next:

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Trump Softens Gun-control Plan, Enrages Anti-gun Liberals

This article appeared online at TheNewAmerican.com on Monday, March 12, 2018: 

Senator Chuck Schumer

Senator Chuck Schumer

So much softer were the president’s gun proposals released Sunday night than were expected that liberals started howling immediately. They were expecting President Trump to push for a raise in the age to purchase rifles, possibly a ban on so-called assault rifles, support for universal background checks, and the NICS “fix” promoted by Senators John Cornyn (R-Texas) and Chris Murphy (D-Conn.). Instead they got this tweet from the president: “Very strong improvement and strengthening of background checks will be fully backed by White House. Legislation moving forward. Bump Stocks will soon be out. Highly trained teachers will be allowed to conceal carry, subject to State Law. Armed guards OK, deterrent!”

Sorting it out, the president’s “gun plan” consists of

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Red Flag Warning: States Confiscating Guns by Ignoring Fourth Amendment

This article appeared online at TheNewAmerican.com on Monday, March 12, 2018: 

An assortment of new restrictions on the Second Amendment in Florida also launched an attack on the Fourth Amendment, as well. As The New American noted last week, Florida’s new “red flag” law abrogates the Fourth Amendment on the way to violating the Second Amendment:

Simply put, someone who thinks someone else might be a danger to himself or others can present his arguments to a judge who then, based upon those arguments, is free to decide whether the state (police armed with guns and badges) can forcibly remove privately and legally owned firearms from that person’s possession. The “red flag” provisions do not allow the person charged to defend himself or even to know who his accuser might be. Further, he must prove his innocence in order to get his confiscated firearms returned to him. He is “guilty until he proves himself innocent.”

All in violation of the Fourth Amendment, which states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Jonas Oransky, deputy director of Michael Bloomberg’s Everytown for Gun Safety, was delighted, calling the adoption of such laws a “new frontier” in the long war against private gun ownership in America:

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The Minority Report is Now a Reality

This article was published by The McAlvany Intelligence Advisor on Monday, March 12, 2018: 

Cover of "Minority Report [Blu-ray]"

Cover of Minority Report DVD

Movie buffs will remember the 2002 science fiction film Minority Report based on a short story written by Philip Dick. Set in 2054 in Washington, D.C., a division of the local police department called PreCrime would arrest individuals based on crimes that they were going to commit. The precriminals were targeted by three psychics called “precogs.”

That “PreCrime” unit is now called the Crisis Response Squad, is part of the Seattle Police Department, and is now arresting precriminals based on testimonies from family members, friends, former wives or husbands, and even former roommates. This isn’t 2054, but 2018.

Here’s this from Seattle.gov, dated March 2, 2018:

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Florida Republican Legislators Turn Backs on Second, Fourth Amendments

This article was published by The McAlvany Intelligence Advisor on Friday, March 9, 2018: 

Official photo of Florida Governor Rick Scott

Florida Governor Rick Scott

In 1970, Florida’s legislature officially adopted “The Sunshine State” as the state’s nickname. It was designed for the tourists: beaches, warm weather in the winter, and so forth.

About the same time, a 4’10” grandmother teamed up with the National Rifle Association (NRA) and, over time, successfully added another nickname to the state: “The Gunshine State.” When the Gun Control Act was passed in 1968, Marion Hammer decided to do what she could to overturn it. She started in Florida. She was the first female president of the NRA, and the rest, as they say, is history. In 1987, she almost single-handedly persuaded the state’s legislature to pass the first concealed carry law in the nation. In 2005, she was inducted into Florida’s Women’s Hall of Fame.

That was then. This is now.

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Michelle Obama DID NOT Blame Trump for the Florida Shooting!

This article appeared online at TheNewAmerican.com on Monday, February 19, 2018:

No, Michelle Obama didn’t say that. But the mainstream media came close.

Politifact immediately jumped on the fake news story that was beginning to gain traction on Friday following the ghastly atrocity in Florida by rating the story “Pants On Fire!” Politifact praised Facebook users who smelled the odor of fake news:

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Why Didn’t Politifact Jump on the “18 Mass Shootings” Lie as Well?

This article was published by The McAlvany Intelligence Advisor on Monday, February 19, 2018:

Politifact, the fact-checking website run by the Tampa Bay Times, was quick to discredit the blatantly false headline, “Michelle Obama: Florida shooting is clearly Trump’s fault, these shootings are happening constantly since he became our president” offered by an alt-right blogger.

Politifact searched for confirmation and, finding none, informed its readers “that former first lady Michelle Obama did not make those remarks … in any format whatsoever.” No website that picked up the story “should be trusted,” added the fact-checking service.

Wouldn’t that include Everytown for Gun Safety, which promoted the lie that there have been 18 mass shootings in the country since the first of the year? Wouldn’t those MSM outlets that picked it up without question also fairly and reasonably not “be trusted” either? John Lott, the founder of the Crime Prevention Research Center and author of bestseller More Guns, Less Crime, put the torch to the lie:

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The Threat to Freedom Isn’t Coming Just from Islamic Terrorists

This article was published by The McAlvany Intelligence Advisor on Wednesday, December 13, 2017:

Many took umbrage at the Times Square subway bomber’s family’s statement, describing it as whining, “if you don’t like it here, go home,” etc. Adding to the angst was the fact that the statement was issued by a spokesman for CAIR – the oft-maligned pro-Islamic advocacy group – that sounded awfully much like a thinly-veiled defense of Akayed Ullah:

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Utah Nurse Waives Lawsuit, Settles for $500,000 in Patient Privacy Case

This article appeared online at TheNewAmerican.com on Wednesday, November 1, 2017:

Alex Wubbels, the Utah nurse who was violently arrested after trying to protect her patient’s Fourth Amendment rights last July, received a $500,000 settlement on Tuesday from Salt Lake City and the University of Utah which owns and operates the hospital. She waived any plans to sue, saying: “We all deserve to know the truth and the truth comes when you see the actual raw footage [from the officer’s body camera] and that’s what happened in my case. No matter how truthful I was in telling my story, it was nothing compared to what people [actually] saw and the visceral reaction people experienced when watching the footage of the experience that I went through.”

She is donating part of the settlement to

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Two Fourth Amendment Cases Prove the Constitution Still Works

English: The Bill of Rights, the first ten ame...

This article appeared online at TheNewAmerican.com on Friday, September 8, 2017:  

A nurse in Utah and a couple in Texas stood up for their rights as guaranteed to them in the Bill of Rights. The Utah nurse hasn’t filed suit, but the Texas couple did, and in both cases law-enforcement officials have been exposed and shamed for their illegal conduct. Both cases were aided with the help of videos taken of the incidents.

The first has caught national attention and has stirred national outrage. On July 26 Alex Wubbels was on duty as head nurse of the University of Utah Hospital’s burn unit when a truck driver was wheeled in suffering from severe burns. He had been hit by a driver fleeing police and was comatose when he arrived in the ER.

Salt Lake City police detective Jeff Payne arrived at the hospital with instructions to obtain a blood sample from the comatose driver to test for elicit substances and ran into nurse Wubbels who knew the hospital’s rules: There would be no blood drawn unless

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Trump’s Pardon of Sheriff Joe Arpaio Sends a Message: There’s a New Sheriff in Town

This article was published by The McAlvany Intelligence Advisor on Monday, August 28, 2017:

English: cropped from File:Maricopa County She...

Former Maricopa County Sheriff Joe Arpaio

There’s little doubt that sheriffs in counties on or near the country’s southern border have been watching, and waiting, for a signal from the Trump administration about its views on enforcing immigration laws. Those would especially include those who consider themselves “constitutional” sheriffs.

That signal arrived late Friday with President Trump’s pardon of Maricopa County Arizona’s Sheriff Joe Arpaio. Before Friday, all those sheriffs had to go on was hope – hope that they wouldn’t be targeted for enforcing the law the way Arpaio was. Now they can rest easier knowing they have a friend in the White House and not an enemy. And the net effect will be stronger enforcement of the country’s immigration laws.

For Arpaio it was a long-awaited victory over the Obama administration. For the citizens of the United States it is also a victory over illegals committing crimes without consequences.

Said Trump:

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Trump’s Pardon of Sheriff Joe Arpaio Sends a Strong Message

This article appeared online at TheNewAmerican.com on Saturday, August 26, 2017:

speaking in Phoenix, Arizona on February 26, 2011.

President Trump pardoned former Maricopa County (Arizona) sheriff Joe Arpaio (shown), the White House announced Friday evening: “Throughout his time as Sheriff, Arpaio continued his life’s work of protecting the public from the scourges of crime and illegal immigration,″ the statement said. “Sheriff Joe Arpaio is now eighty-five years old, and after more than fifty years of admirable service to our Nation, he is worthy candidate for a Presidential pardon.”

For his part, the veteran sheriff was grateful but called his conviction the result of unceasing efforts by the Obama administration to silence him. In one tweet, Arpaio said:

Thank you @realdonaldtrump for seeing my conviction for what it is: a political witch hunt by holdovers in the Obama justice department!

And in another:

I am humbled and incredibly grateful to President Trump. I look fwd to putting this chapter behind me and helping to #MAGA

Arizona Senator John McCain was ambivalent about the presidential pardon:

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Chicago Mayor Emanuel Files Suit to Block Federal Withholding of Grant Funds

This article appeared online at TheNewAmerican.com on Monday, August 7, 2017:

Chicago Mayor Rahm Emanuel (shown) announced over the weekend that he would be filing a motion to stop the federal government from withholding grant funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Municipalities such as Chicago receive this funding to help them fight crime. Lord knows, crime is rampant in Chicago. But federal funding, which Chicago has been receiving all along, does not necessarily mean less crime. It does mean, however, that the federal government, as the provider of the funding, may use the funding as leverage to get the recipients to do what the feds want them to do — in this case, upholding federal immigration laws.

After all, isn’t this simply a case of (to quote an old adage):

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Pew Research: Americans Getting More Comfortable With Firearm Ownership

This article appeared online at TheNewAmerican.com on Friday, June 23, 2017:  

Pew Research Center’s latest in-depth report on what it calls “America’s Complex Relationship with Guns” is revelatory. According to the report, released on Thursday, Americans are becoming more and more comfortable with guns and gun ownership, and less and less enchanted with more gun laws to fight perceived gun violence.

When 3,390 U.S adults were polled in March and April, they were asked whether it was more important to protect gun rights or to control gun ownership. In the year 2000, two-thirds of those polled then favored more gun control. Today, that has dropped to less than half,

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Connecticut Bill Would Allow Police to Arm Drones

This article appeared online at TheNewAmerican.com on Friday, March 31, 2017: 

Armed Predator drone firing Hellfire missile

Armed Predator drone firing Hellfire missile

The Connecticut State Senate overwhelmingly approved a bill on Wednesday that would allow local police to weaponize drones. The vote by the Judiciary Committee was 34-7 and the bill’s threats to privacy were downplayed by the committee’s co-chair, Republican John Kissel:

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Joliet, Illinois is About to Write a Very Large Check to Elijah Manuel

This article was published by The McAlvany Intelligence Advisor on Friday, March 31, 2017:

Interstate 80 bridge over the Des Plaines Rive...

Interstate 80 bridge over the Des Plaines River near Joliet, Illinois.

Joliet is a pleasant township of about 150,000 souls located on the Des Plaines River 40 miles southwest of Chicago. It describes itself as going through “a modern day renaissance” after having a near-death financial experience. Then-Mayor Tom Giarrante said three years ago this month:

I am proud to once again report that the State of the City continues to be … stable. As mayor, I will continue to work hard to keep Joliet financially sound by controlling our spending. It won’t be easy, and it won’t always be popular, but I will work to keep our checkbook balanced and we will not balance it by raising property taxes.

Three years earlier, the town had a $17 million deficit. It’s about to have another similar experience.

The Supreme Court last week paved the way. In Manuel v. City of Joliet, the court ruled unanimously that Elijah Manuel was free to bring a claim against the city based on Fourth Amendment violations conducted by Joliet police officers back in 2011. The opinion, written by Supreme Court Justice Elena Kagan, gave Manuel the go-ahead:

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Supreme Court Unanimously Upholds Fourth Amendment in Illinois case

This article appeared online at TheNewAmerican.com on Thursday, March 30, 2017:

English: Elena Kagan, Associate Justice of the...

Elena Kagan, Associate Justice of the Supreme Court of the United States

The city of Joliet, Illinois, is about to find out just how costly its miscarriage of justice can be, now that the U.S. Supreme Court ruled unanimously last week that it cannot incarcerate an individual while he is awaiting trial, absent probable cause. Supreme Court Justice Elena Kagan was succinct in delivering the court’s opinion:

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Court Rules That Those Carrying Concealed Are Presumed to Be Dangerous

This article appeared online at TheNewAmerican.com on Monday, January 30, 2017:

Holster

The U.S. Court of Appeals for the Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, and West Virginia) ruled last week that an individual carrying concealed gives up essential Fourth Amendment rights under the presumption that since he is armed, he is also dangerous.

The ruling issued on Monday, January 23, United States v. Robinson, reversed an earlier decision by the court’s three-judge panel, claiming that the Supreme Court, in two relevant decisions, concluded that “armed and dangerous” meant “armed and therefore dangerous” rather than “armed” as a fact and “dangerous” based on reasonable judgments surrounding the case.

A tip received by Ransom, West Virginia, police on March 24, 2014 that a man was seen

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Congress Plans to Repeal Obama Rules Through Congressional Review Act

This article appeared online at TheNewAmerican.com on Thursday, January 26, 2017:

To facilitated mining of a coal seam in Gillet...

To facilitate mining of a coal seam in Gillette, Wyoming, blasting was used to loosen the coal after the overburden was removed. Approximately half a million tons of coal in a seam 80 feet thick was loosened by this single blast.

House Majority Leader Kevin McCarthy explained in an op-ed in the Wall Street Journal on Tuesday just how Congress is planning to roll back numerous egregious and harmful rules promulgated by the Obama administration: the Congressional Review Act (CRA). The CRA was included in the “Contract With America Advancement Act of 1996” and allows Congress to review, and to cancel by majority rule, new federal regulations issued by federal agencies. There’s a window of 60 “legislative” days to disapprove, which explains some of the Trump administration’s haste in pushing to repeal them. Once passed by both houses, repeals then become effective with President Donald Trump’s signature.

There are plenty of targets, but McCarthy focused on just three: the Interior Department’s Stream Protection Rule impacting the coal-mining industry, new methane gas regulations that would cost up to $1 billion and force many small energy developers out of business, and the Social Security Administration’s new rule that states that if a S.S. recipient needs a third party to manage his finances, he will be added to the gun background check list.

The CRA shouldn’t be necessary. If Congress hadn’t unconstitutionally allowed power it alone possesses under the Constitution to make laws to pass over to the executive branch’s various and sundry regulatory agencies, the problems with the Obama administration’s overreach wouldn’t exist in the first place. Those agencies have grown into Leviathan, issuing rules, regulations, and mandates far beyond those imagined by Congress. Now Congress is in the backward position of having to limit the regulations pouring out of that unconstitutional “fourth branch” of government. The child is now threatening its parent.

Parsing the language of the Interior Department’s rules on its expanded regulation of coal miners proves the point:

Under [the Surface Mining Control and Reclamation Act of 1977], the regulatory authority may not approve a permit application [from a coal mining company] unless the application demonstrates, and the regulatory authority finds, that the proposed operation would not result in material damage to the hydrologic balance [i.e., streams and rivers] outside the permit area.

How does a coal mining company, in its application, “prove” a negative? How does it satisfy a bureaucratic unelected unaccountable and invisible agency that it will cause no harm, or at least not enough harm to avoid trespassing on that agency’s environmental sensitivities? What assurance does a coal mining company have that said agency won’t change the rules arbitrarily and capriciously in the future? Would not such future uncertainty tend to dampen said coal company’s interest in developing its reserves?

Similar charges could be levied against the federal agency issuing its rules on methane emissions, but the best example of egregious overreach is the Social Security Administration’s new rule that allows it to “deem” who shall have his or her name entered into the National Instant Criminal Background Check System (NICS) based on whether or not they receive third-party assistance in managing their finances. Here’s what the SSA says it will do:

We will identify, on a prospective [in the absence of evidence of any proclivity towards criminal activity] basis, individuals who receive Disability Insurance benefits … or Supplemental Security Income (SSI) payments … who meet certain criteria, including … a finding that the individual’s mental impairment meets or medically equals [various] requirements.

And just how, pray tell, would such “identification” take place? The SSA responds:

If we have information that the beneficiary has a mental or physical impairment that prevents him or her from managing or directing the management of benefits, we will develop the issue of capability.

And just how is that “issue of capability” to be determined? Again, the SSA provides the guidelines its bureaucrats should follow in making that determination:

Does the individual have difficulty answering questions, getting the evidence or information necessary to pursue the claim, or understanding explanations and reporting instructions?

 

If so, do you think this difficulty indicates [that] the beneficiary cannot manage or direct the management of [his or her] funds?

If the answer, by this nameless, faceless unaccountable bureaucrat, is yes, his or her name is entered into the NICS.

The agency then condescends to tell the soul who just had his Second and Fourth Amendment rights under the Constitution obliterated that they have just done so, and that if he cares to contest this arbitrary and capricious decision by said unnamed bureaucrat, he is free to hire an attorney and seek redress. Guilty until proven innocent.

Where is due process? Where is the beneficiary allowed to defend himself or explain himself or offer an explanation? What happens to the right to face his accuser in a court of law?

When Chris Cox, executive director of the National Rifle Association’s Institute for Legislation Action (NRAILA), learned of McCarthy’s plan of attack to repeal this particular rule, he was delighted:

Congress’ decision to review the Obama administration’s back-door gun grab is a significant step forward in restoring the fundamental Constitutional rights of many law-abiding gun owners.

 

The NRA has been fighting this unconstitutional government overreach since it was first discussed, and we look forward to swift congressional action to overturn it.

Those in the energy industry will likely be equally ebullient once Congress has righted the wrongs imposed by federal agencies on its businesses. Representative Greg Walden (R-Ore.), chair of the House Energy Committee, told Reuters that using the CRA will not only wipe out entire regulations but forbid them from writing new versions in their place.

In effect Congress’ use of the CRA will be equivalent to hacking off some of the branches of the Fourth Branch’s tree, but leaves the trunk and the root intact. It’s a start, but only a start.

Trump to “Send in the Feds” if Chicago Doesn’t “Fix the Carnage”

This article appeared online at TheNewAmerican.com on Wednesday, January 25, 2017:

The crime rate in Chicago is so outrageous that when President Donald Trump tweeted about it on Tuesday, his numbers were already outdated. Tweeted Trump: “If Chicago doesn’t fix the horrible ‘carnage’ going on, 228 shootings in 2017 with 42 killings (up 24% from 2016), I will send in the Feds!” Wednesday morning the Chicago Tribune reported that, in the city so far this year there have been “at least 247 people shot … with at least 47 people killed.”

What isn’t clear — and the White House hasn’t provided any further details — is exactly what Trump means. What feds? The FBI? The ATF? Officials from the Justice Department?

Chicago Mayor Rahm “never let an opportunity go to waste” Emanuel thinks he knows: more federal funding to hire more police and to track “illegal guns” and, of course, more gun laws.

Trump’s tweet refers back to this part of his inaugural address:

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.