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: the law

McConnell, Democrats Stalling Trump’s Conservative Judicial Nominees

This article appeared online at TheNewAmerican.com on Monday, November 13, 2017: 

English: Kentucky Senator Mitch McConnell

Senator Mitch McConnell

Not only have fewer than half of President Trump’s judicial nominees been confirmed by the Senate (the lowest number in the last four administrations), but cloture has been invoked an astonishing 51 times even to get those to the Senate floor for a vote. There were no cloture votes under Bush I and just six during the Clinton administration. Under Obama there were five over eight years.

Cloture was required because Senate Democrats were determined to stall the Republican efforts to fill vacancies with “original-intent” nominees: those who believe their job is to determine what the writers of the Constitution meant when it was being written. This differs from the view that the Constitution’s wording can be twisted to mean whatever a judge thinks it means, or ought to mean.

Leonard Leo, the executive vice president of the Federalist Society and informal advisor to Trump, told CBN News that Trump’s opportunity to shape the law for the next several generations is huge:

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Sen. Paul Votes No on GOP Budget Resolution, Supports Tax Cuts “for All”

Official portrait of United States Senator (R-KY).

Official portrait of United States Senator Rand Paul

This article appeared online at TheNewAmerican.com on Friday, October 20, 2017:

Senator Rand Paul’s vote against the GOP-backed budget resolution, which maintains the big-spending status quo, indicates that the senator is willing to go against his party’s leadership, even if it means he is the only Republican senator doing so.

President Trump tweeted early Friday morning, in celebration of the previous day’s Senate vote to pass the GOP’s budget resolution:

The Budget passed late last night, 51 to 49. We got ZERO Democrat votes with only Rand Paul (he will vote for Tax Cuts) voting against…..

And:

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NRA’s Surprising Capitulation on Gun Regulations Met With Outrage

This article appeared online at TheNewAmerican.com on Friday, October 6, 2017: 

The NRA is widely regarded as a staunch defender of the Second Amendment. Its capitulation on so-called “bump fire stocks” shows otherwise.

The statement from the National Rifle Association (NRA) issued on Thursday was carefully crafted to make it appear that the NRA remained a staunch defender of gun rights while it simultaneously promoted further breaches of those same rights. The statement was divided into three parts:

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Why Did the Judge Acquit a St. Louis Police Officer of Killing a Black Man?

This article appeared online at TheNewAmerican.com on Monday, September 18, 2017:

The decision on Friday to acquit a white St. Louis police officer in the fatal shooting of a black man back in December 2011 predictably set off rioting in the city. It didn’t occur to the rioters that, according to the evidence in the case, Officer Jason Stockley’s use of force was reasonable, to defend his own life against potentially lethal threat exhibited by Anthony Lamar Smith. It didn’t matter that the judge found that the state failed to prove its allegation that the gun found in Smith’s Buick that night was deliberately planted there by Stockley.

It didn’t matter that Judge Timothy Wilson has ruled both for and against the police during his 28 years on the bench. It didn’t matter that he is highly regarded by his peers, that he is viewed as an unbiased judge who has no ideological ax to grind except to get the facts straight and make the decision proper under the circumstances.

None of that mattered. Once Wilson’s decision was filed late Friday afternoon, the BLM rioters and their useful idiots brought out their pre-printed signs and started destroying property. When police arrived to quell the unrest, BLM thugs and others encouraged by them started attacking the police.

Much of the mainstream media have been willing — too willing — to uncritically circulate the anti-cop narrative that a white police officer should have been found guilty of murder for killing a supposedly unarmed black man, without including in their news accounts the evidence showing otherwise. Put simply: The white cop was guilty. Guilty. GUILTY! Let the rioting begin!

Yet the facts in the case tell a different story.

And the facts were examined by more than just Judge Wilson.

The FBI investigated the shooting right after it occurred, and never filed charges. The Civil Rights Division of Obama’s Department of Justice (DOJ) investigated, and never filed charges. An internal investigation by the St. Louis Police Department revealed that Stockley violated a rule that had nothing to do with the case, and sanctioned him for that. No other charges were filed against Stockley until the spring of 2016, more than five years after the incident, when then-Circuit Court Attorney Jennifer Joyce charged Stockley with first degree murder and armed criminal action by allegedly planting a gun in Smith’s vehicle.

For Judge Wilson, his ruling is clear: Stockley is innocent of both charges and he is now free to get on with the rest of his life. Said Stockley, after learning that the charges against him had been dismissed, “It feels like a burden has been lifted … my main concern now is for the first responders [in St. Louis],  the people just trying to go to work and the protesters. I don’t want anyone to be hurt in any way over this.”

Wilson is held in high regard in St. Louis. Jack Garvey, a lawyer and former judge himself, told the St. Louis Dispatch: “He’s very methodical and a very objective judge. He really will review everything before be makes a decision. I don’t think he’s ideological in any way. He just takes each case as they come to him.” Joel Schwartz, a defense attorney, added: “He’s been in St. Louis and has seen thousands of cases and understands evidence … my feeling on Judge Wilson is he’s a man who will do the right thing.” Another defense lawyer in St. Louis, Terence Neihoff, said: “Over the years he’s been remarkably consistent. He doesn’t just automatically believe the police.”

In his decision, Judge Wilson began by reviewing the constraints under which he operates: “A judge shall not be swayed by partisan interests, public clamor or fear of criticism”, adding that “a fair, impartial and independent judiciary requires that judges decide cases according to the law and facts, without regard to whether particular laws or litigants are popular or unpopular with the public, the media, government officials, or the judge’s friends or family.”

Wilson then described what happened. When Stockley and another officer, Brian Bianchi, exited their police vehicle to investigate a suspected drug transaction in a parking lot,  “Smith rapidly pulled forward … then frantically drove his Buick backward into the marked police vehicle twice, before speeding away at a high rate of speed.” Stockley testified that before the Buick exited the parking lot, he heard Bianchi yell “gun,” “indicating Smith had a gun in the car,” and that he (Stockley) also saw a gun. Stockley was struck in the arm by Wilson as he fled.

Stockley and Bianchi got back into their vehicle and pursued Smith, who, Wilson recounted in his decision, “drove at speeds up to 87 miles per hour, on wet roads, endangering other drivers and pedestrians. The pursuit ended when Smith drove into oncoming traffic and was bumped from behind by the police vehicle being driven by Brian Bianchi.”

Stockley got out of the police vehicle and approached Smith, who was still in the Buick. Wilson described what happened next:

Stockley told Smith to “show me your hands” repeatedly, but Smith continued reaching around [inside his vehicle]. Suddenly, Smith’s demeanor changed, around fifteen seconds after Stockley reached the driver’s window, when Smith reached between the seats, and Stockley said he thought Smith had retrieved the gun.

 

Stockley reached for his [service revolver] and stepped back because he was scared Smith would pull up his hand and shoot him. Stockley then fired several shots at Smith, which ultimately resulted in Smith’s death.

 

Judge Wilson reiterated what the dashcam video from the police cruiser, along with other video testimony provided by observers that night, revealed:

Stockley approached the driver’s side, appeared to attempt to open the door and, as testified to by the State’s own witnesses, ordered Smith to open the door and to show his hands. Stockley also warned another officer to “watch his hands.” It was not until fifteen seconds after Stockley arrived at the driver’s side door, that he unholstered his service revolver and fired several shots in succession.

What about the “planting” charge? DNA evidence indicated that Stocley had touched the gun, but Wilson noted that Stockley quite properly unloaded Smith’s weapon after the shooting, placing the empty firearm and the rounds on the passenger seat. Of course, if Wilson had actually planted the gun, as opposed to rendering the gun safe, he would have had to bring it to Wilson’s car to begin with. Regarding this scenario, Wilson concluded that, if the gun were planted, Wilson would have been observed with the gun. Wilson wrote:

Stockley can be seen on all sides while walking around the two vehicles [the Buick and adjacent police vehicle]. Stockley does not have a jacket on over his blue police uniform. There is no gun, other than his holstered service revolver, visible in his hands, in his pockets or tucked inside his belt, and there is no bulge from a gun in any pocket.

Later in his decision, Wilson added:

The gun [found in the car] was a full size revolver and not a small gun, such as a derringer, that can fit in the palm of one’s hand or into the side pocket on a pair of pants without vbeing obvious. Stockley was not wearing a jacket; if he had such a gun in his possession it would have been visible on the cell phone video. The gun was too large to fit entirely within any of the pockets on the pants he was wearing, there was no bulge in any pocket indicating a gun within the pocket, and the gun would have been visible if it was tucked into his belt.

Also, Wilson noted that “one obvious question the State made no attempt to answer was how Anthony Smith could have been short in the left lower abdomen by a person standing outside the car if Smith was simply sitting in the driver’s seat.” Wilson then referred to expert testimony of the doctor who conducted the autopsy, who “testified that the wounds in Smith’s left flank could indicate that Smith was reaching for something to his right at the time the wounds occurred.”

The state argued that a statement made by Wilson, and captured on audio, during the high-speed chase indicated that Officer Stockley intended to kill Smith. However, Wilson reasoned in his decision:

Commencing in the parking … when Anthony Smith rammed into the police vehicle twice, and then struck Stockley’s arm with the car while fleeing, officers Bianchi and Stockley were involved in a dangerous high speed pursuit. It is apparent from the dash cam audio and video that the pursuit was stressful both from the high speed nature of the pursuit and from confusion casued by the multiple radios and communications with a dispatcher. People say all kinds of things in stressful situations, and whether Stockley’s statement that “we’re killing this m*****f*****,” which can be ambiguous depending on the context, constituted a real threat of action or was a means of releasing tension has to be judged by his subsequent conduct.

Wislson concluded: “The Court does not believe Stockley’s conduct immediatley following the end of the pursuit is consistent with the conduct of a person intentionally killing another person unlawfully,” elaborating:

Stockley did not approach the Buick and immediately shoot Smith multiple times…. Stockley approached the driver’s side, appeared to attempt to open the door and, as testified to by the State’s own witnessess, ordered Smith to open the door and to show his hands. Stockley also warned another officer to “watch his hands.” It was not until fifteen seconds after Stockley arrived at the driver’s side door, that he unholstered his service revolver and fired several shots in succession.

At the end of his 30-page ruling, Wilson “decreed that the State has failed in its burden of proof and the Court finds that defendant is not guilty of both charges in this case: murder first degree and armed criminal action.”

As noted above, none of this matters to Black Lives Matter radicals. What matters is that a white cop shot a black man and a judge found the cop to be innocent. That narrative is all that is necessary to justify rioting, looting, firing stores and businesses and attacking police trying to quell the violence. In its war against the police, BLM radicals will use any excuse to light the match.

Persistence is Paying Off in Gun Shop’s Fight with Chicago

This article was published by The McAlvany Intelligence Advisor on Friday, September 1, 2017:

The Miniature Bull Terrier Club of America (MBTCA)’s website suggests that owners looking for a dog that is compliant and easily trained “would probably be better off with a [different] breed.” The average MBT is “persistent,” “stubborn,” “independent,” “doesn’t listen,” “bold and confident,” and “foolish to the point of self-destruction.”

Enter Alan Gottlieb, the founder and Executive Vice President of the Second Amendment Foundation (SAF). On the surface Gottlieb is presentable as a normal, well-behaved, articulate defender of the Second Amendment. His organization that began in 1974 now has more than 650,000 members, of which this writer is one. But put him into the same ring as Mayor Richard Daley or Mayor Rahm Emanuel of Chicago, and he becomes an MBT.

One of many examples surfaced on Wednesday when

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Washington, D.C. Asks Full Appeals Court to Review a Pro-gun Ruling

This article appeared online at TheNewAmerican.com on Monday, August 28, 2017:

English: The Supreme Court of the United State...

The Supreme Court of the United States. Washington, D.C.

Washington, D.C.’s Attorney General Karl Racine filed a petition on Thursday with the U.S. Appeals Court for the District of Columbia, asking the court to rehear a decision that a three-judge panel of that court issued in July. That decision, 2-1, issued a permanent injunction prohibiting the district from enforcing its “good reason” requirement to obtain a concealed carry permit.

At issue is the requirement that citizens applying for a permit have a “good reason” for it that goes beyond just wanting a firearm for self-defense. It even obviates claims that a permit is needed because someone lives in a dangerous neighborhood.

Writing for the majority in that panel’s decision, Judge Thomas Griffith said:

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Supreme Court Grants Trump Partial Victory in Ongoing Travel ban Controversy

This article appeared online at TheNewAmerican.com on Thursday, July 20, 2017:  

U.S. Supreme Court building.

The terse two-paragraph Supreme Court order issued Wednesday was self-explanatory: President Donald Trump’s effort to ban immigrants from six countries was upheld, with modifications. As the first paragraph stated:

The Government’s motion seeking clarification of our order of June 26, 2017, is denied. The District Court order modifying the preliminary injunction with respect to refugees covered by a formal assurance is stayed pending resolution of the Government’s appeal to the Court of Appeals for the Ninth Circuit.

President Trump’s first ban, issued in January, resulted in chaos at the nation’s airports until it was blocked by the courts. The administration reissued the ban in March but that one was also blocked by the courts. In June the Supreme Court overruled lower courts’ decisions and allowed Trump’s ban to proceed, adding the proviso that his ban wouldn’t apply to people who have “a credible claim of a bona fide relationship with a person or entity in the United States.”

An Obama-appointed judge in Hawaii thought that the administration’s reading that that “bona fide relationship” only included spouses, children, parents, fiancés and fiancées was far too restrictive:

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College Professors Have Their Incoherent and Illogical Lawsuit Tossed

This article was published by The McAlvany Intelligence Advisor on Wednesday, July 12, 2017:

Littlefield Fountain and Main Building of The ...

Littlefield Fountain and Main Building of The University of Texas at Austin.

Three members of the 16,500 faculty of the University of Texas at Austin (UTA) became so incensed over the passage of Texas’ concealed carry on campus law that they decided, along with the assistance of a local Austin attorney, to file suit against everyone in sight to block its implementation scheduled for August 1. The district judge tossed it last week for lack of standing.

The lawsuit exposed not only the lack of standing, but the lack of understanding by the trio and their attorney, not only of the law, but the complete waste of time and Austin taxpayer money required for this frivolous complaint that resulted in nothing but bad publicity for the attorney and exposure of the silliness of professors with nothing better to do.

Hicks is a sole practitioner in Austin, while the three complainants were predictable liberals teaching at UTA:

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Texas Professors’ Frivolous Concealed-carry Lawsuit Tossed Due to Lack of Standing

This article appeared online at TheNewAmerican.com on Tuesday, July 11, 2017:  

When District Court Judge Lee Yeakel dismissed the frivolous lawsuit last week brought by three University of Texas professors against the state’s attorney general and numerous others, he claimed the trio had no standing. It’s also clear from the details that the professors also had no understanding of the issues involved. Instead they invoked conjecture over cogency, and the judge rightfully threw out the suit.

The three female professors — Jennifer Lynn Glass, Lisa Moore, and Mia Carter — with the help of a local attorney, made up their case against the law that allows concealed carry on the public campuses of Texas effective August 1. They feared that, somehow, armed students in their classrooms would

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Florida Judge Rules that the Legislature Cannot Modify a Law it Passed Earlier

This article was published by The McAlvany Intelligence Advisor on Wednesday, July 5, 2017:  

One of the essential doctrines involved in limiting government is the separation of powers. By putting governmental powers into separate hands, the founders hoped that each would constrain the other and thus protect liberty. Article I of the federal Constitution states that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Article III states that “The judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

Florida’s constitution is very similar:

The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts, and county courts. No other courts may be established by the state, any political subdivision, or any municipality.

When it comes to practices and procedures, however, it’s different:

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Venezuela’s Marxist Dictator Would Likely Support an Article V Convention Here

This article was published by The McAlvany Intelligence Advisor on Wednesday, May 10, 2017:

Article V supporters of a constitutional convention to rewrite the United States Constitution should pay careful attention to what Venezuela’s Marxist President Nicolas Maduro is proposing, and why. As his country descends from violence into chaos he is making his final move: proposing a rewrite of the country’s constitution put in place in 1999 under the country’s previous leader, Hugo Chavez. Chavez said it would last for “centuries.” If Maduro is successful, it will have lasted less than 20 years.

Maduro has proposed a “special assembly” made up of his own supporters to craft the new constitution. It would ban political parties and free elections. It would legitimize all of his previous unconstitutional acts and essentially make him a dictator for life.

There is some political pushback

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Venezuela Coming Undone: Maduro Wants New Constitution

This article appeared online at TheNewAmerican.com on Tuesday, May 9, 2017: 

Another crack opened in the wall supporting Marxist dictator Nicolas Maduro’s administration: On Monday Major General Miguel Rodriguez Torres, who ran Maduro’s intelligence service until he was fired in 2014, said his country is moving toward civil war: “We’re seeing much larger masses protesting across all major cities, including the working-class neighborhoods. The government is losing control.” He added:

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President Trump Issues Executive Order Expanding Religious Freedom

This article appeared online at TheNewAmerican.com on Thursday, May 4, 2017:

President Donald Trump signed his much-anticipated executive order expanding religious freedom, the Executive Order on Promoting Free Speech and Religious Liberty, in the Rose Garden on Thursday, the nation’s National Day of Prayer. Said Trump to the religious leaders gathered there, “For too long the federal government has used the state as a weapon against people of faith.” After announcing his order, he added “You’re now in a position to say what you want to say … no one should be censoring sermons or targeting pastors.”

Trump was referring to the Johnson Amendment,

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Trump Gives “Never, Ever” Speech to NRA National Convention

This article appeared online at TheNewAmerican.com on Friday, April 28, 2017:

In less than 30 minutes, President Donald Trump hit all the hot buttons, feeding red meat to thousands attending the National Rifle Association’s national convention in Atlanta on Friday.

Trump, the first sitting president to address the NRA convention since President Ronald Reagan in 1983, began by voicing his appreciation to the NRA and its membership for its and their early and generous support of his presidential campaign. The NRA first endorsed Trump for president in March 2016 and subsequently pumped $30 million into his campaign, running four times as many ads in his support than it did for Mitt Romney in 2012.

He reminded his raucous supportive audience of how the national media tried to suppress voter turnout in 2016 by repeatedly stating that

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Senators Rushing to White House With Names to Fill Judgeship Vacancies

This article appeared online at TheNewAmerican.com on Monday, April 10, 2017:  

Map of the geographic boundaries of the variou...

Map of the geographic boundaries of the various United States Courts of Appeals and United States District Courts.

In anticipation of Judge Neil Gorsuch’s confirmation by the Senate, Colorado Senator Cory Gardner began putting together a list of prospective nominees for President Trump to consider to take his seat on the 10th Circuit Court of Appeals: “We’re very close to sending over our list for the district,” said Gardner on Sunday.

Senator Ted Cruz (R-Texas) sees Trump’s opportunity to reshape the country’s legal system, calling on the president to enlist an “army of young, principled constitutionalists” to fill the openings:

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The New Attorney General Supports Local Police in Contrast to the Former AG, Who Worked to Assimilate Them

This article was published by the McAlvany Intelligence Advisor on Wednesday, April 5, 2017:

English: A fully modern Police Box in Baltimor...

A fully modern Police Box in Baltimore, Maryland based on the British concept. The box is located on North Charles Street near Penn Station and contains a climate controlled workspace with an exterior emergency phone.

Revolutionary historians know all about the Hegelian Dialectic and its postulate that human beings can be driven to take a certain course of action by offering an argument (thesis), a counter-argument (antithesis), and a final resolution (synthesis). If one can control both sides of the conversation, the outcome is certain.

Take, for example, the death of Freddie Gary in 2015 in Baltimore. The details remain sketchy even today about exactly how he died in the back of the police van, but his death served the purpose of the communists.

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Los Angeles Mayor Is Defiant Against Trump’s Executive Order Regarding Illegals

This article appeared online at TheNewAmerican.com on Wednesday, March 22, 2017:

Los Angeles Mayor Eric Garcetti (shown) has thrown down the gauntlet, defying President Donald Trump’s executive order issued in January, entitled “Enhancing Public Safety in the Interior of the United States.” That executive order provides a three-step procedure to ensure that illegals are apprehended and deported: 1) the “name and shame” list of illegals committing crimes in so-called “sanctuary cities”; 2) threat of legal action against officials endorsing “sanctuary city” policies; and 3) threat of withholding federal funds if they persist in resisting federal immigration enforcement officials from performing their duties.

Even the title of Garcetti’s own executive directive is a poke in Trump’s eye: “Standing with Immigrants: A City of Safety, Refuge, and Opportunity for All,” even if those “All” are among Los Angeles’ estimated 2.6 million illegals.

Garcetti opens with a summary of West Coast liberalism:

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AG Jeff Sessions Needs a Refresher Course on the Bill of Rights

This article was published by The McAlvany Intelligence Advisor on Monday, March 20, 2017:

United States Senate election in Alabama, 1996

AG Jeff Sessions

Less well known, perhaps, than the Second Amendment are the Ninth and Tenth Amendments, efforts by the founders to chain down the national government “from mischief.” Attorney General Jeff Sessions appears to need a refresher course in them, to wit:

The Ninth Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and

 

The Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

What Sessions appears to have forgotten is that law enforcement is to be left largely up to the states, closer to the people themselves, and thus easier to control. Communists, on the other hand, have been pointed in their attacks on local law enforcement, which keeps getting in the way of installing a national police force.

Speaking in Richmond, Virginia last week, Sessions addressed a gathering of federal, state, and local law enforcement officials and expressed his concerns about the rising rate of violent crime in the US over the past two years. He doesn’t think it’s an anomaly:

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Number of Former Sanctuary Cities Reversing Policy

This article appeared online at TheNewAmerican.com on Monday, February 13, 2017:

US Immigration and Customs Enforcement arrest

In response to President Donald Trump’s executive order issued on January 25 — “Enhancing Public Safety in the Interior of the United States” — a number of cities that formerly considered themselves as “sanctuary cities” for illegal immigrants are reversing their policies. The first to do so was Miami-Dade County in Florida the day after Trump issued his order.

Miami-Dade was followed by

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Trump’s Travel Ban Halted (for Now); Could Go to Supreme Court

This article appeared online at TheNewAmerican.com on Sunday, February 5, 2017:

English: United States Supreme Court building ...

United States Supreme Court building in Washington D.C.

The firestorm that erupted following President Donald Trump’s executive order on immigration and refugees issued on January 27 has resulted in more than 50 lawsuits being filed against it. One of them, filed by the state of Washington and then joined by the state of Minnesota, resulted Friday in a temporary restraining order that halted nationwide Trump’s travel ban preventing nationals of seven foreign countries and refugees from entering the United States. The order, issued Friday by U.S. District Court Judge James Robart in Seattle, set off a flurry of tweets from the president deriding the ruling and a White House promise that Robart’s order would immediately be appealed.

The Trump administration filed an emergency motion Saturday night asking that Judge Robart’s temporary restraining order be stayed, allowing the administration to enforce the travel ban while the judge’s decision is being appealed. On Sunday morning,  the San Francisco-based 9th Circuit Court of Appeals said it would not stay Robart’s order immediately, but would consider the administration’s request after receiving more briefs from both parties. The administration was asked to file a second brief by 3:00 p.m. Monday.

Tweets from the president came fast and furious. His first tweet on Saturday, posted at 4:59 a.m., stated: “When a country is no longer able to say who can, and who cannot, come in & out, especially for reasons of safety &.security – big trouble!” As the day unfolded, his other tweets included:

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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.