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

Category Archives: Constitution

Senate Dems Threaten Retaliation if Republicans Try to Fill SCOTUS Vacancy Before Election

This article appeared online at TheNewAmerican.com on Tuesday, August 4, 2020: 

If a vacancy at the Supreme Court occurs before the election and Senate Republicans try to fill it with another “originalist” nominee, there will be consequences, according to Hillary Clinton’s former running mate, Senator Tim Kaine (D-Va.):

If they show that they’re unwilling to respect precedent, rules and history, then they can’t feign surprise when others talk about using a statutory option that we have that’s fully constitutional in our availability.

 

I don’t want to do that. But if they act in such a way, they may push it to an inevitability. So they need to be careful about that.

This is a veiled threat by Senator Kaine that if there is a vacancy and the Republican majority moves to fill it before the election, the next time Democrats control the Senate they will move to pack the court by expanding its numbers from nine to perhaps 11 or 13 seats, fill them with ideologically liberal judges, set term limits, impose a code of ethics, and require all future nominees to adhere to certain promises as to how they will rule on controversial issues in the future.

All these come from the playbook designed by Demand Justice,

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California Pastor Defies New Restrictions on Indoor Services

This article appeared online at TheNewAmerican.com on Tuesday, August 4, 2020:

The Los Angeles County Department of Public Health said on Monday that officials from its Environmental Health division are “investigating and will be reaching out to the church leaders [at Grace Community Church in Sun Valley] to let them know they need to comply with the Health Officer’s Order” to discontinue singing at places of worship and limit indoor attendance to 25 percent of capacity or 100 people, whichever is lower.

Senior Pastor John MacArthur already knows about that order, and he isn’t obeying it.

On Friday, July 24, he let them, and the whole world, know why. In his “Biblical Case for the Church’s Duty to Remain Open,” he wrote:

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McCloskeys Fire Back at Prosecutor Who Charged Them With Brandishing

This article appeared online at TheNewAmerican.com on Friday, July 31, 2020: 

When St. Louis Circuit Attorney (chief prosecutor) Kimberly Gardner announced last week that she was bringing charges against the St. Louis couple who made the news defending themselves and their home against rampaging protestors in June, she said:

Today, my office filed charges against Mark and Patricia McCloskey following an incident involving peaceful, unarmed protesters on June 28th.

 

It is illegal to wave weapons in a threatening manner [i.e., brandishing] at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis.

This resulted in immediate pushback from the White House to the U.S. Senate to the Missouri governor’s mansion to the state’s attorney general. It also resulted in the McCloskeys filing a lawsuit demanding that Gardner be disqualified, along with the St. Louis Circuit Attorney’s Office (CAO).

According to Missouri Governor Mike Parson, the president is “interested” in being kept informed about the case and has offered any assistance he could as president. Parson said he would likely pardon the couple if they should be convicted, adding: “A mob does not have the right to charge your property. They [the McCloskeys] had every right to defend themselves.”

Missouri Republican Senator Josh Hawley wrote a letter to Attorney General William Barr asking him to investigate Gardner, whom he said had expressed hostility to Second Amendment rights in the past.

Missouri’s Attorney General Eric Schmitt filed a brief seeking to dismiss Gardner’s charges on the grounds that their Second Amendment rights had been violated:

The right to keep and bear arms is given the highest level of protection in our Constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm.

 

Despite this, Circuit Attorney Gardner filed suit against the McCloskeys who, according to published reports, were defending their property and safety. As Missouri’s Chief law enforcement officer, I won’t stand by while Missouri law is being ignored.

And then he pointed directly at Gardner, calling her charge “a political prosecution”:

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Appeals Court to Reopen Case Against Former Trump Advisor Michael Flynn

This article appeared online at TheNewAmerican.com on Thursday, July 30, 2020: 

A majority of justices on the U.S. Court of Appeals for the District of Columbia, most of them appointed by Democrat presidents, decided on Thursday to ignore Michael Flynn’s attorney’s demand to let the court’s prior ruling by a three-judge panel stand.

In response to District Court Judge Emmet Sullivan’s appeal of that ruling, Flynn’s attorney, Sidney Powell, wrote:

The district court has hijacked and extended prosecution for almost three months for its own purposes.…

 

To allow Judge Sullivan to delay and generate [additional] litigation against a criminal defendant is unconstitutional. [The] Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case….

 

This Court should deny rehearing and issue with prejudice [so that Sullivan cannot refile] instanter [immediately].

 

No federal court has countenanced rehearing of an [order to dismiss] on petition by a district judge.

 

Judge Sullivan has no cognizable interest in the case. Rehearing should be denied because the [three-judge] panel properly applied the long-standing use of [a demand to dismiss] to which General Flynn is clearly entitled….

 

Rehearing is not warranted … because there is no conflict with any decision.

Powell likened the charade to a baseball game: “In lay terms, umpires don’t get to swing bats or run bases; they suffer no harm when one team wins and the other loses…. The umpire cannot force the teams to play extra innings after the game is over. He, the players, and the spectators need to go home and turn off the floodlights.”

On Thursday, the appeals court decided to leave the floodlights lights on:

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New Jersey Gym Owners Defy Judge’s Orders to Close, Get Arrested

This article appeared online at TheNewAmerican.com on Tuesday, July 28, 2020:

At 5:10 a.m. Monday, officers from both the Bellmawr Police Department and Camden County Sheriffs’ office entered the Atilis Gym in Bellmawr, New Jersey, where the owners were waiting for them. When the owners were asked to leave and close the facility, they refused and were arrested. They were transported to police headquarters and booked on charges of defying New Jersey Governor Phil Murphy’s stay-at-home orders and then released.

The owners, Ian Smith and Frank Trumbetti, got national attention in May when they refused to close their gym. Since then there have been numerous openings and closings of the gym and much legal maneuvering along the way.

Last Wednesday, New Jersey Superior Court Judge Robert Lougy heard an appeal and ruled against the owners, ordering them to shut down.

Smith said no: “So, I can do full-contact martial arts. I can box somebody outside. I can tackle them in football. I can do rugby, you know, scrum and I can’t get COVID. But, somehow, if I walk into my gym and decide I want to lift weights or even go inside a martial arts studio, I will get COVID if I do the same exact things? It’s actually insanity.”

When asked what happens next, Smith said:

We have two weeks’ worth of clothing in here. And, we will not be leaving unless we’re arrested or unless the state backs down. We have had enough of this.

 

We can operate our business safely, responsibly. We have shown that to be true. We haven’t had a single case of COVID reported and we have everybody’s records here. So, we’re not backing down from this one.

On Friday the judge ordered the state to take action to close the gym and have the owners arrested. Smith continued his defiance:

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President Extends “Operation Legend” to Chicago, Albuquerque

This article appeared online at TheNewAmerican.com on Thursday, July 23, 2020:  

President Trump, in an East Room address on Wednesday, said that he is expanding “Operation Legend” by sending federal law-enforcement agents to Chicago and Albuquerque, New Mexico, to quell violence there.

He said, “No mother should ever have to cradle her dead child in her arms simply because [local] politicians refused to do what is necessary to secure their neighborhoods and to secure their city.” Through the recently announced federal program, “We’ll work every single day to restore public safety, protect our nation’s children and bring violent perpetrators to justice. We’ve been doing it and you’ve been seeing what’s happening all around the country.”

Trump might have been referring to the test case, Kansas City, where

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Michael Flynn’s Attorney, Sidney Powell, Claims Judge Sullivan Has “Hijacked” the Case Against Flynn

This article appeared online at TheNewAmerican.com on Monday, July 20, 2020: 

It’s been 10 weeks since the government asked Judge Sullivan to dismiss its case against President Trump’s former National Security Advisor Michael Flynn, and still the case drags on.

On Monday Flynn’s attorney, Sydney Powell (whom The New American has characterized as a “legal lioness” and a “tigress”) blew her cork. On July 9 Judge Emmet Sullivan asked the circuit court to convene “en banc” (all 12 judges) to reconsider the court’s three-judge panel’s ruling that Sullivan must dismiss the case.

Sydney, in a 19-page response to Sullivan’s request for a full court hearing, concluded:

The district court [Judge Emmet Sullivan’s court] has hijacked and extended prosecution for almost three months for its [his] own purposes.… This Court should deny rehearing and issue [the demand that Sullivan dismiss the government’s case against Flynn] with prejudice [so that Sullivan cannot refile] instanter [immediately].

She was hopping mad:

No federal court has countenanced rehearing of an [order to dismiss] on petition by a district judge.

 

Judge Sullivan has no cognizable [legitimate] interest in the case. Rehearing should be denied because the [three-judge] panel properly applied the long-standing use of [a demand to dismiss] to which General Flynn is clearly entitled….

 

Rehearing is not warranted … because there is no conflict with any decision.

Sullivan is not only out of line but exceeds his constitutional authority, declared Powell:

The district court exceeded its constitutional authority for appointing [a friend, former Judge John Gleeson] to work against General Flynn after the parties [Flynn and the government] agreed to dismissal.

 

The Constitution and all precedent apply … mandate dismissal.

The deliberate delay in issuing dismissal is damaging Flynn further:

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Fordham University Punishes Student for Committing “Bias” Crime With Instagram Posts

This article appeared online at TheNewAmerican.com on Sunday, July 19, 2020: 

On June 3, Austin Tong, a legal immigrant from China and a senior at Fordham University, had the temerity to publish a photograph of David Dorn, the retired black police captain who was fatally shot while defending a friend’s pawn shop during violent protests in St. Louis in the wake of George Floyd’s death at the hands of a white police officer. Beneath it he posted: “Y’all a bunch of hypocrites.”

When asked why he published the photo with the caption, Tong said he did it to express his “disappointment in people who did not care about the death of a black policeman which never should have happened.”

Fordham investigated the incident, and Tong told the university, “I believe that Black Lives Matter means that all Black Lives Matter, including the lost life of a patriotic police officer who dedicated his life to his family and country.”

He added: “This post was not only expressive of my remorse that a police officer’s life was lost, but also to affirm my belief that the lives of everyone matters.”

The next day, June 4, the 31st anniversary of the Tiananmen Square atrocity, Tong posted a photo of himself holding a semi-automatic rifle and declaring “Don’t tread on me. #198964.” The hashtag is a reference to the massacre.

When asked why, he told Campus Reform, “I wanted to honor the memory of an important Chinese Democracy Movement and the appreciation of the right to bear arms in America. As an immigrant, a big beauty of America, to me, is the right it gives its citizens to bear arms, not only to protect themselves but also to keep the government in check.”

But the posts were just too much for Keith Emerson, Fordham’s Dean of Students. He sent Tong a letter of reprimand, indicating that the posts violated the school’s “code of conduct,” regulations and policies, and meted out draconian punishment:

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Supreme Court Justice Ginsburg Hospitalized for Fever, Chills

This article appeared online at TheNewAmerican.com on Wednesday, July 15, 2020:

The press release from the Supreme Court yesterday about Supreme Court Justice Ruth Bader Ginsburg’s hospitalization was terse:

Justice Ginsburg was admitted to The Johns Hopkins Hospital in Baltimore, Maryland early this morning for treatment of a possible infection. She was initially evaluated at Sibley Memorial Hospital in Washington, D.C. last night after experiencing fever and chills.

 

She underwent an endoscopic procedure at Johns Hopkins this afternoon to clean out a bile duct stent that was placed last August.

 

The Justice is resting comfortably and will stay in the hospital for a few days to receive intravenous antibiotic treatment.

This comes just two months after she underwent treatment for a gallstone that had blocked her cystic duct and was causing her pain from an infection.

She has a long and accelerating history of health issues. The first six years after being appointed to the high court by then-President Bill Clinton in 1993, she was diagnosed with colon cancer and underwent surgery, which was followed by both chemotherapy and radiation therapy.

A decade later she underwent surgery to remove an early stage cancerous tumor from her pancreas.

After experiencing pain while exercising at the Supreme Court gym in November 2014, she had a stent placed in her right coronary artery.

Four years later

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Progressives Push Supreme Court Nominations as Key Election Issue

This article appeared online at TheNewAmerican.com on Tuesday, July 14, 2020: 

In the absence of any visible effort by presumptive Democrat presidential candidate Joe Biden to push Supreme Court nominations as a key election issue, a progressive group, Supreme Court Voter, is filling the void.

The group, funded by Demand Justice, a left-of-center advocacy organization that supports the appointment of liberal judges, announced its opening bid last week with a $2 million ad buy in five “battleground” states: Arizona, Michigan, North Carolina, Pennsylvania, and Wisconsin.

The initial ads say that “the future of the Supreme Court is on the line.… We can’t afford any more Brett Kavanaughs, or our court will be his court.”

On the other hand, President Trump recognized the polling power of his 2016 campaign announcement of his list of potential Supreme Court nominees, and plans to announce another list.

Only now the landscape has changed, and not necessarily in a good way.

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Attorney General Announces Nationwide “Operation Legend” to Combat Violent Crime, Beginning in Kansas City

This article appeared online at TheNewAmerican.com on Saturday, July 11, 2020: 

Kansas City Mayor Quinton Lucas first learned of “Operation Legend” on Twitter on Wednesday:

I learned on Twitter this afternoon that the Department of Justice plans to send federal investigators to Kansas City as support for unsolved homicide and non-fatal shooting investigations.

 

As I understand the Department’s plan, any outside help will not be used for regular policing or patrol activities [but] solely to clear unsolved murders and shootings.

 

I plan and hope to learn more about this effort over the days ahead.

Apparently the program was cobbled together at the last minute to respond to the request of Kansas Governor Mike Parson for some help. Parson heard that the president was offering help to any state or city that needed it, and when Parson responded, the operation was assembled.

On ABC News on Friday Attorney General William Barr explained:

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Supreme Court Sets Stage for Full-on Review of ObamaCare

This article appeared online at TheNewAmerican.com on Wednesday, July 8, 2020:

Two rulings by the Supreme Court on Wednesday not only affirm the First Amendment to the U.S. Constitution, they also hearten pro-life constitutional conservatives who hope the rulings set the stage for a full review of the constitutionality of ObamaCare (aka the Affordable Care Act, or ACA) by the high court in the fall.

The first ruling, in a 7-2 decision, concerned the Little Sisters of the Poor, and finally puts to rest the question whether the Trump administration, through an Executive Order to the Department of Health and Human Services, could expand the exemption under which faith-based ministries such as the  Little Sisters could avoid having to provide contraceptive health services to their employees.

When ObamaCare was first foisted upon the American citizenry in 2010, it specifically exempted churches from providing contraceptive healthcare coverage but said nothing about faith-based ministries. So, under ObamaCare, the HHS ruled that religious non-profits such as the Little Sisters of the Poor had to comply, or suffer the consequences of huge fines.

During President Trump’s first year in office, he ordered the HHS to issue a new rule expanding the exemption. Several states sued, claiming that Trump had overreached. The opinion of the high court was penned by Justice Clarence Thomas, who wrote, “Consistent with their Catholic faith, the Little Sisters hold the religious conviction ‘that deliberately avoiding reproduction through medical means is immoral.’”

He explained why the court reversed a lower court’s ruling, stating that the Trump administration had not exceeded its authority by issuing the new rule that expanded the exemption:

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President Trump’s Remarkable Speech at Mt. Rushmore Excoriated by the New York Times

This article appeared online at TheNewAmerican.com on Saturday, July 4, Independence Day, 2020:  

President Donald Trump’s remarkable speech at Mt. Rushmore on Friday night — Monica Showalter, Deputy Editor at American Thinker, called it “his finest speech … the speech of his presidency” — not only celebrated the giants whose faces are carved into the granite wall behind him, but also called out the enemies of the republic.

And one of those enemies — the New York Times — didn’t like it one bit.

The president opened with this:

There could be no better place to celebrate America’s independence than beneath this magnificent, incredible majestic mountain and monument to the greatest Americans who have ever lived. Today we pay tribute to the exceptional lives and extraordinary legacies of George Washington, Thomas Jefferson, Abraham Lincoln, and Teddy Roosevelt.

 

I am here as your president to proclaim before the country and before the world, this monument will never be desecrated, these heroes will never be defamed, their legacy will never ever be destroyed, their achievements will never be forgotten, and Mount Rushmore will stand forever as an eternal tribute to our forefathers and to our freedom.

He retold the marvelous story of the founding of the republic, unique in all of human history:

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Senate Confirms 200th Judicial Appointee Under Trump

This article appeared online at TheNewAmerican.com on Thursday, June 25, 2020:  

With the Senate confirmation of Judge Cory Wilson to the Fifth Circuit Court of Appeals on Wednesday, the president has now successfully appointed 200 judicial nominees to the federal bench. As CNN legal analyst Jeffrey Toobin put it, “Judicial confirmations may be President Trump’s most important legacy. They will shape the nation’s laws on abortion, LGBT rights, voting rights, and many other issues long after Trump leaves office.”

Senate Majority Leader Mitch McConnell, whose stated objective is “to leave no vacancy behind,” celebrated Wilson’s confirmation: “Following number 200, when we depart this chamber today, there will not be a single circuit court vacancy anywhere in the nation for the first time in at least 40 years.”

All of this was intentional from the start.

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Appeals Court Orders Lower Court Judge to Dismiss Case Against Michael Flynn

This article appeared online at TheNewAmerican.com on Wednesday, June 24, 2020: 

Michael Flynn was President Trump’s chosen National Security Advisor. Before Trump took office, Flynn talked to Russian diplomats to try to calm an escalating international situation. Obama-era FBI officials who were then investigating Democratic claims that Trump was aided in his election by Russia (despite no proof of such collusion) had tapped Flynn’s phone and heard his entire conversation with them.

Nothing was uttered in Flynn’s conversation with the Russians that suggested any involvement of the Russians with Trump’s election, yet afterward FBI agents entrapped Flynn into saying something about the conversation that was untrue, and charged him with lying to the FBI — all the while knowing that Flynn was guilty of nothing. Flynn originally accepted a plea deal saying that he said something misleading and was sentenced to prison (though Democrats lie under oath almost constantly and don’t get charged with anything). When Flynn got new legal representation and tried to take back his plea deal, it was learned that the DOJ and FBI had always known that Flynn was innocent of wrongdoing, yet he was questioned and entrapped anyway.

Rightly, the DOJ decided to drop the charges against Flynn, but District Court Judge Emmet Sullivan wouldn’t allow the charges to be dropped, and he assigned a prosecutor of his own to keep the case going, saying that the law said that it was up to the court to decide whether to drop charges or not — not up to the DOJ. Now a higher court has told Sullivan point blank, he was wrong. The order from the D.C. Circuit Court of Appeals to District Court Judge Emmet Sullivan was terse:

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Trump Tweets Outrage Over High Court’s DACA Decision, Promises New Conservative Justices in his Second term

This article appeared online at TheNewAmerican.com on Friday, June 19, 2020: 

It wasn’t just the recent decision on Dreamers (DACA, or Deferred Action for Childhood Arrivals) by the Supreme Court, declaring that President Obama’s illegal executive order couldn’t be overturned, that set off the president. It was a whole series of recent decisions by the high court that caused him to light up his Twitter account on Thursday:

The recent Supreme Court decisions, not only on DACA, Sanctuary Cities, Census, and others, tell you only one thing: we need NEW JUSTICES of the Supreme Court. If the Radical Left Democrats assume power [in November], your Second Amendment, Right to Life, Secure Borders and Religious Liberty, among many other things, are OVER and GONE!

Minutes later he added:

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Flynn Attorney Calls Gleeson Filing a “Wrap-up Smear”

This article appeared online at TheNewAmerican.com on Thursday, June 18, 2020: 

In the clash between General Michael Flynn’s lawyer Sidney Powell, and Judge Emmet Sullivan’s “friend” — former judge John Gleeson — Powell called out Gleeson’s claim on Wednesday that Sullivan should continue to prosecute Flynn even though the government has asked Sullivan to dismiss its case against him.

She said that the “irony and sheer duplicity” of Gleeson’s accusations “against the Justice Department — which is finally exposing the truth — is stunning.… It demonstrates the difference between a Department of Prosecutions and a Department of Justice. It shows how [only] the Department of Justice … has the power to walk into courtrooms and ask judges to remedy injustices.… The only lawful action this [three-judge panel of U.S. Court of Appeals for the District of Columbia] can take is to dismiss the case with prejudice on the Government’s motion [to dismiss] and vacate the plea.”

The plea is the key to understanding this continuing legal soap opera. The government sought to prosecute Flynn for lying to the FBI, only to learn later that he had been set up, and therefore the case against Flynn evaporated. A plea bargain gained under duress is not enforceable.

And Flynn was under duress.

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Lawsuit Charges Illinois With Violating Religious-liberty Rights

This article appeared online at TheNewAmerican.com on Sunday, June 14, 2020:  

A lawsuit filed last week by the Thomas Moore Society, a non-profit public interest law firm, charged that the state of Illinois is violating its own laws by requiring all insurance policies offered for sale in the state to pay for abortion services.

There is no exemption allowed even by churches or individuals with sincerely held religious beliefs that abortion, or its facilitation through funding, is tantamount to murder or its enablement.

The state already has in place two laws that forbid the legislature from requiring insurance companies to provide coverage for elective abortions. But the Democrats who control that body and who voted en masse along party lines for the law don’t care. Peter Breen, the Society’s vice president and senior counsel, explained:

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DOJ Warns Maryland County Officials Against Religious Discrimination

This article appeared online at TheNewAmerican.com on Sunday, June 14, 2020:

The Justice Department sent a letter to officials in Montgomery County, Maryland, on Wednesday regarding religious discrimination over the County’s enforcement of coronavirus lockdown orders on religious gatherings but not on George Floyd protests.

Wrote Eric Dreiband, an assistant attorney general in the Civil Rights Division of the DOJ:

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NY Times Staff Outraged Over Senator Tom Cotton Op-ed Supporting Trump

This article appeared online at TheNewAmerican.com on Thursday, June 4, 2020: 

When Arkansas Republican Senator Tom Cotton was allowed to publish an op-ed in the New York Times on Wednesday supporting President Trump’s suggestion that he might have to use the Insurrection Act to quell Antifa-led riots, some members of the Times staff lost their minds.

His op-ed was reason itself: “A majority who seek to protest peacefully shouldn’t be confused with bands of miscreants,” wrote Cotton, adding that while “nihilist criminals” were simply “out for loot and the thrill of destruction … cadres of left-wing radicals like Antifa [were] infiltrating protest marches to exploit [George] Floyd’s death for their own anarchic purposes.”

When those protest marches exceed local authorities’ ability to maintain order, wrote Cotton, “it’s … time to support local law enforcement with federal authority.… The Insurrection Act authorizes the president to employ the military” to quell the riots and restore order. Cotton reminded his readers that the federal government “has a constitutional duty to the states to ‘protect each of them from domestic violence.’”

In normal times, local law enforcement is more than able to keep the peace and restore order when necessary. “But,” wrote Cotton, “in rare moments, like ours today, more is needed.”

The backlash from Times staffers was immediate. Charlie Warzel, an opinion writer for the Times, tweeted, “I feel compelled to say that I disagree with every word in that Tom Cotton op-ed and it does not reflect my values.” Other Times sympathizers such as freelance writer Thor Benson agreed: “I know a lot of New York Times employees feel like they can’t speak out right now, so I’ll happily say what needs to be said: there should be resignations.”

Former Times staffers weighed in as well. Tweeted Sewell Chan, a former op-ed writer for the Times, “I am reluctant to weigh in on my former alma mater. But the decision to publish Senator Tom Cotton’s [piece] calling for troop deployments to quell unrest falls short of sound journalistic practice.”

And then there is Roxanne Gay, a contributing writer for the Times, who totally lost it. She tweeted, “Running this puts black NY Times writers, editors and other staff in danger.” How, exactly, was missing from her tweet. How did Cotton’s carefully constructed and reasonable support for a possible future move by the president to use his authority under the Insurrection Act in the event it became clear that states or local municipalities couldn’t maintain order and keep the peace work to threaten black writers and editors at the Times? She didn’t explain.

Gay went on:

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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.
Copyright © 2020 Bob Adelmann