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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: freedom

Trump on Taxes

01 Thursday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Trump on Taxes

Tags

America, Artcles of Confederation, Congress, Donald Trump, Federal government, Federal Reserve, freedom, government, IRS, law, Republicans, Sixteenth Amendment, taxes, The People, The Republic, theft

Donald Trump just started talking like an old school Republican.  He’s added a third plank to his Presidential platform – along with immigration reform and the Second Amendment – tax cuts.  The Wall Street Journal says Trump’s plan would cut taxes for millions of Americans.  I put the emphasis in the last sentence on “would” because The Donald’s plan, as great as it may sound, won’t happen even if he’s elected.

There are too many who will not stand for substantive changes to our draconian tax code, members of the huge tax benefit lobby at the bottom of which is the Federal Reserve, gaping and grasping like that sandpit monster from Return of the Jedi.  One must also consider the malicious might of those 535 clowns under the big top … er ….dome in D.C.

This plan, which looks far better than the insane mess we have now, is fated to fail like the Fairtax and various flat tax proposals before it.

Here’s a link to the Trump plan.

Trump has four “simple” tax goals:

Tax relief for middle class Americans: In order to achieve the American dream, let people keep more money in their pockets and increase after-tax wages.

Simplify the tax code to reduce the headaches Americans face in preparing their taxes and let everyone keep more of their money.

Grow the American economy by discouraging corporate inversions, adding a huge number of new jobs, and making America globally competitive again.

Doesn’t add to our debt and deficit, which are already too large.

Trump Plan.

All tax brackets would drop with the maximum being capped at 25%.  Those earning less than $25,000 per year would pay no tax.  Trump would eliminate the marriage penalty, the Alternative Minimum Tax and the Federal Death Tax. These are great points.  However, consider that the original maximum tax bracket was supposed to be 10% and that was supposedly reserved for the super rich. Government is like a hungry wolf; just because it doesn’t eat you today doesn’t mean it won’t try tomorrow.

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Always at the door.  Google Images.

I assume the other candidates have or will soon publish similar plans. Republicans will promise cuts, Libertarians deeper cuts, and Democrats increases here and there to make things fair.  What we will have in the end is the status quo.  It’s no coincidence the Sixteenth Amendment and the modern tax system came along on 1913 along with the Federal Reserve.  One is dependent on the other, both are weapons of the government against the free people.

The scheme we currently suffer is bad.  Trump’s plan is better.  It would also be better to return to the tax system originally built into the Republic – tariffs, etc. or into the Confederation – Congress begging the States for dough as needed. Best of all would be a 0% tax for everyone with no government to support.  For satirical consideration only is the solution I noted several years ago from a Doctor Who episode – tossing the tax collector off a high roof.  That would tend to work under any tax system.

The State Vs. The Children

22 Tuesday Sep 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on The State Vs. The Children

Tags

child molesting, crime, evil, freedom, government, insanity, War

Government, as I mentioned the other day, has but one valid purpose – to protect the rights of the free people.  The industry as a whole completely failed this charge about 5,000 years ago and has yet to redeem itself.  Among its many, many illicit purposes is a virtual war against the innocent, including children.

One of the latest American victims in this war is a sixteen year old high school boy from North Carolina (and his 17-year-old girlfriend).  The boy was prosecuted for felony child pornography charges – for possessing naked pictures of … himself.

It seems the young couple engaged in silly behavior – as teenagers will, to include “sexting.”  They exchanged naughty pictures of themselves.  Kids do that sort of thing.  It’s human.  It’s also a technical violation of that god of gods, the law.  The teenage perpetrator, also his own victim, was allowed to plead guilty on lesser charges to avoid the lifelong stigma attached to sex offenders.

This story takes stupidity and malice to levels previously unknown in the civilized world.  How could anyone consider this a crime?  How could this crime be prosecuted?  How could a judge not throw the case out and, furthermore, cite the state for contempt for its bringing?  Why isn’t the courthouse in flames?

I suppose some law and order, puritanical types are rejoicing that another law was upheld and someone was punished for having fun.  These might be the type of modern “conservatives” accustomed to handling rattlesnakes for the Lord in the backwoods somewhere.  I don’t know.  I hope they’re happy.

Happy also are the anything goes, “liberals” one might find in the basement of a San Francisco bathhouse.  They’re happy about another case on the far side of the world wherein the government honored the libertine “customs” of a native people – yet, again, all done at the expense of children.

U.S. soldiers and Marines in Afghanistan, while on break from guarding the CIA’s poppy fields, were instructed to look the other way as our Afghan “allies” engaged in good old fashion child molestation and homosexual rape.  See also: here.

There you have it.  The same government that prosecutes children for non-crimes simultaneously covers up actual crimes against children.  Worse, we’ve been forced to pay those ally rapists friends of ours hundreds of billions of dollars (trillion$???) to help them pursue their Satanic hobbies.

Remember these stories in conjunction the next time you ponder the worth of the state.  I say, ready the…

30stone3

Google.  See Matthew 18:6.

 

Gunning For Votes: A Look At Candidate Positions On The Second Amendment

20 Sunday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 4 Comments

Tags

America, Bernie Sanders, Carly Fiarino, Constitution, crime, Darryl Perry, Democrats, Donald Trump, Federal government, freedom, Gary Johnson, government, guns, Hillary Clinton, Jeb Bush, Joe Biden, Libertarian Party, Liberty, Natural Law, Natural Rights, President, Rand Paul, Republicans, rights, Second Amendment, self-defense, self-preservation, States, Supreme Court, Tenth Amendment, The 2A, The Founders, The People, Thomas Jefferson, tyranny, United States, violence

Last week Donald Trump added a white paper to his presidential election campaign materials: PROTECTING OUR SECOND AMENDMENT RIGHTS WILL MAKE AMERICA GREAT AGAIN.  Until then The Donald had been a one note Donny – his note was all immigration reform.  I decided to make a professional examination of his paper.  Then I decided to review the positions of major candidates from all parties on the subject of the Second Amendment.  Not all of them, of course; there is something like 170 Republicans seeking the party’s nomination.  I don’t have that kind of time.  Trump gets the spotlight.  Not because he’s Trump but because he published a white paper.

Now, this examination draws together two concepts which, for me, are diametrically opposed: I love and cherish firearms rights and all individual freedom; I detest electoral politics and government in general.  Herein, though, I attempt to keep a neutral attitude towards the subject.  You will soon realize my failure.

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  Second Amendment to the U.S. Constitution (1791)(entirety).  I have expounded, in great detail, on the Second Amendment.  While a part of the Federal Constitution, establishing another government to plague mankind, the Second Amendment is the part that embodies the spirit of natural self-preservation, a branch of Natural Law.  It embodies protecting oneself from small-scale, “ordinary” predation as well as from the tyranny brought about by politics.

Politics involves the people setting themselves up for disaster one election at a time.  It’s usually a contest to see who is the biggest and worst rat – the rats usually win.  “The most improper job of any man, even saints (who at any rate were at least unwilling to take it on), is bossing other men. Not one in a million is fit for it, and least of all those who seek the opportunity.”  J.R.R. Tolkien, 1943 The Letters of J.R.R. Tolkien.

Let’s get started with…

The Republican Field

Donald Trump

Trump begins his dissertation: “The Second Amendment to our Constitution is clear. The right of the people to keep and bear Arms shall not be infringed upon. Period.”  He soon forgets the infringement and the period and explains why some abridgment is okay.

trump

donaldjtrump.com.

Well, he doesn’t throw The 2A under the bus immediately:

The Constitution doesn’t create that right – it ensures that the government can’t take it away. Our Founding Fathers knew, and our Supreme Court has upheld, that the Second Amendment’s purpose is to guarantee our right to defend ourselves and our families. This is about self-defense, plain and simple.

That’s his way of kinda sorta acknowledging Natural Law.  I might add, here, that it’s not just about self-defense.  It’s also about tyranny prevention and resolution – through armed and extreme measures if necessary.  The Founding Father knew about that too; The Supreme Court wouldn’t exist without it either.

Trump then moves on to enforcing “the laws on the books.”  That’s great so long as those laws are valid – most are not.  “We need to get serious about prosecuting violent criminals,” Trump says.  He gives examples of local violent crimes.  The man is not running for any local office but for President of the United States.  There are only two (potentially) violent federal crimes mentioned in that Constitution nobody reads: piracy and treason.  And, those are almost exclusively committed (alone with counterfeiting), these days, by the federal government itself.

States and localities should enforce laws that prevent violence against the innocent or which punish such violence.  My view is if a man commits a violent crime, then he should be prevented from further interaction with society, either via a prison sentence or a well placed shot.  This approach would necessarily remove him from the pool of persons capable of bearing arms.  Otherwise, the issue of crime is as completely removed from the Second Amendment discussion as violent crimes are removed from federal jurisdiction.

Speaking of well placed shots … Trump advocates self-defense.  That’s good!  He boasts, “that’s why I have a concealed carry permit, and that’s why tens of millions of Americans have concealed carry permits as well.”  That’s bad!  Who needs a “permit” from anyone (least of all from political and bureaucratic rodentia) to exercise a right??  Free people must be free to arm themselves if they like, without any government involvement – infringement if you will.

Trump wants to fix our broken mental health system.  Again, that’s great.  It’s also not part of his desired employment as set forth in Article Two of the Constitution (I keep coming back to that thing…).  I assume he means using his personal financial and celebrity status to help the mentally ill.  For that I commend him.  Otherwise, like crime mental health is irrelevant to the Second Amendment.

He gets back to guns: “Law-abiding people should be allowed to own the firearm of their choice. The government has no business dictating what types of firearms good, honest people are allowed to own.”  By itself this is his piece de resistance! However, he immediately murkifies the white right out of his paper by praising federal background checks (infringement) and by advocating a national carry permit (we have that now, it’s called the Second Amendment).  He also says driving a car is a privilege, not a right but that is another can of white papers.

The Donald ends by praising the military (yes, he’s running as a Republican) and proclaiming the rights of servicemen to carry arms.  I wonder if he caught the word “militia” in the text of The 2A?  The militia is the people. The people have the right to arms.  Trump’s military is the national standing army, known bane of freedom and limited to a two-year duration by that Constitution (am I dreaming all this????).

If pressed I don’t think trump would stand he forceful claim about people owning the firearm of their choice.  Suppose my choice is belt-fed and electrically operated.  Who Donald permit that or would he fire me? I don’t care to find out.

Carly Fiorina

Carly doesn’t have a white paper though she has much better looks that Trump (sure he would agree).  Her Second Amendment views may be found on her website, including a video from Fox News!

She notes that her husband has a government permission slip to carry a gun and she thinks that is fine and Constitutional.  I don’t think she’s read the document nor does she grasp the concept of a right.

Rand Paul

Dr. Paul is the son of Dr. Ron Paul, the man who should be President now. Outside of the Libertarians (see below), Rand has the best stance of The 2A.

As President, I vow to uphold our entire Bill of Rights, but specifically our right to bear arms.

Those who support the second amendment must also vehemently protect the Fourth Amendment. If we are not free from unreasonable and warrantless searches, no one’s guns are safe.

I will not support any proposed gun control law which would limit the right to gun ownership by those who are responsible, law-abiding citizens.

In the White House, I will remain vigilant in the fight against infringements on our Second Amendment rights.

Excellent!  However, to be true to his word, Rand would have to seek to repeal numerous federal laws in place now (NFA, ATF, 1986 “tax” act, etc.).  He’s also right about protecting rights in tandem.  That’s really the only valid reason to have a government.  He must also know that, sadly, every government in human history has immediately departed from this objective.  This trend will not abate anytime soon, Rand or no.

Jeb Bush

Yeah.  Another Bush.  Bush number three.  Not to worry, there’s a Clinton down below (not like that, Bill…).

I could not find an issue statement from George…er…Jeb’s website.  I did find an interesting exchange between the former governor and Stephen Colbert on The Late Show:

Stephen Colbert: Well, the right to have an individual firearm to protect yourself is a national document, in the Constitution, so shouldn’t that also be applied national…

Jeb Bush: No. Not necessarily…There’s a 10th amendment to our country, the Bill of Rights has a 10th amendment that says powers are given to the states to create policy, and the federal government is not the end all and be all. That’s an important value for this country, and it’s an important federalist system that works quite well.

Once again the comedian gets it right, the politician wrong.  Bush is aware of the tenth but not the second? Firearms and defense are universal rights not just national rights.  The right to self-preservation exists even in the absence of any government (imagine that for a minute..aaahh).  Bush didn’t even get number 10 quite right; “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.”  Tenth Amendment to the U.S. Constitution (1791)(entirety).

This means the federal government is strictly limited to those very few powers specifically written in the Constitution.  The States have some power outside the scope of the federal leviathan – concerning violent crime for example.  And, The People themselves retain political power.  By the way, government is a mix of powers and rights. The body politic is empowered only insofar as it may preserve the rights of the individual.  None of this power, federal, state or personal may (legitimately) infringe the freedoms of the people.  Illegitimately, it happens all the time.  Use your personal power – save us from another Bush presidency.

The Democrats

The days of Zell Miller and Sam Nunn being behind us, many write off the donkey party as wholly anti-gun.  Anti-freedom is more accurate.  They are generally a mirrored image of their anti-freedom elephant counterparts. Losing my objectivity, yes.

Hillary Clinton

Clinton.  Yes, one married to that other Clinton.  Like so many leftists, Hillary couches firearms issues in backwards thinking and words.  To her guns in private hands are bad and result in bad things.  Instead of “firearms rights” she talks about “gun violence prevention.”

“I don’t know how we keep seeing shooting after shooting, read about the people murdered because they went to Bible study or they went to the movies or they were just doing their job, and not finally say we’ve got to do something about this.”  Hillary, August 27, 2015.  Part of her something would be reinstating the assault weapons ban.  That would be infringement as prohibited by the Second Amendment.

Like Hillary I too deplore violence.  That’s why I support a ban on government.

Bernie Sanders

Bernie’s list of issues is devoid of anything for or against the Second Amendment.  I glanced over it and it rather reminded me of Karl Marx, maybe with a friendly Vermont bent.  Moving on…

Joe Biden

Crazy Joe is apparently just about to get into the race.  He has no papers or issue statements yet.  However, some of his positions on guns may be found here and here.  Mind you, should he enter the race, his positions are subject to magically change depending on who he’s talking to.  Buyer beware.

Despite having voted against gun rights in the past, at a press conference in 2013 Biden enthusiastically demonstrated his prize, imaginary shotgun for reporters.  Trump has a point about mental illness.

Libertarians

Americans love their “two-party” system despite its none-existence.  We all tend to forget about the lovable, pot-loving Libertarians.  In addition to legalizing (decriminalizing, geesh) whacky tobacky, the LP is pretty decent on gun rights as far as it goes…

Darryl Perry

Darryl Perry is running for President.  He has a list of issues in his platform among which is “Self Defense.”  “As a Life Member of the Second Amendment Foundation, I support the right to privately own and possess firearms or any other weapon deemed appropriate for self-defense.”  Perry.

Deemed appropriate by whom, Mr. Perry?  “Deemed appropriate” sounds like the talk of the permit set.  What about offensive weapons designed to rid the people of a tyrant.  Ah.  That would go against the LP’s pledge, “I hereby certify that I do not believe in or advocate the initiation of force as a means of achieving political or social goals.”

That’s fine and dandy during civilized times.  But, suppose there’s a government on the loose?  What then?  Defense?  Defense against government is best accomplished by government prevention, which may require a little initiation of force – see the American Revolution, Thomas Jefferson, New Hampshire Constitution, etc.

Gary Johnson

Mr. Johnson was the LP candidate during the 2012 election.  No word on whether he’s in for this bout.  Nonetheless I have included his position.

“I don’t believe there should be any restrictions when it comes to firearms. None.” Johnson, April 20, 2011, Slate Magazine.  If he means firearms for the people, then that’s the best Second Amendment support statement of the 21st Century.

The only way to improve on a position like that is to declare there should be no government.  None.  But that would deprive us of white paper analysis and fun articles like this one.  Cheers!

***Note*** Nothing in the preceding article should be construed in any way as supporting any candidate for any office.  Perrin Lovett does not support government (outside of theoretical discussion and fun poking).

Guilty: Students, Professors, and the Public Get Schooled by Big Brother

16 Wednesday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, Amerika, anarchy, bombs, Courts, crime, double jeopardy, drugs, due process, evidence, evil, freedom, government, injustice, Islam, justice, Justice Department, law, police, police state, prisons, probable cause, rights, schools, Sir. William Blackstone, State, statism, students, teachers, Temple University, terrorists, The People

Several years ago, when I was actively practicing law, I held a discussion with a class of highly motivated and intelligent high school students (mostly upperclassmen).  My subject matter was the economic and cultural chaos wrought by the modern police state.  To my joy the students, nearly every one of them, were not only aware of the issues I covered but were deeply concerned about the world they would soon enter as adults.  Many embraced good old-fashioned anarchy as a positive response to the daily deluge of state-imposed evil.

Another thing which struck me, and which I mentioned to the young people, was how much their public, government high school resembled a prison – both in physical appearance and in operation.  Of this too they were all to aware.

It was a nice, new, modern facility in one of the trendiest parts of town.  It was where the money went when they didn’t want the private school bills.  The halls were clean, the grounds attractive, the people were pleasant.  However, I noticed things which seemed better suited for a correctional facility than a place of education.

Back then I regularly traveled around to various prisons and jails.  Most have a familiar layout and feel.  So too did this shiny new hall of academia.  The building was made of interlaced concrete blocks, bare of ornamentation – like a prison. The rectangular halls, with classrooms on either side, were laid out in wings or pods, fanning from a central hub – like a prison.  The central hub housed the administrative office in what looked like a tall glass control tower – like a prison. Near the doors were metal detectors (not in use that day) – like a prison.  The building was patrolled by armed officers – like a prison.

I had met some of these officers, all certified in law enforcement, before in professional settings.  I tried several cases stemming from “criminal” school misconduct.  The cases usually involved drugs, alcohol, cigarettes or other earth-destroying calamities.  Every single one of them was also devoid or things like probable cause, evidence, due process, and common sense.  I beat every single case.  And, it took quite the beating to win them.

Another ancient legal protection absent from modern Amerika, especially concerning students, is the prohibition against double jeopardy.  The theory, best summarized by Sir William Blackstone in the late eighteenth century was the “universal maxim of the common law of England, that no man is to be brought into jeopardy of his life more than once for the same offence.” (Emphasis mine.)  This theory is but legend now.  Our children often face triple jeopardy over things that are not crimes in the first place.  Here’s a real world example (possibly a combination of different cases, all real):

Johnny saw the school psychologist who suggested Johnny be prescribed mind-altering psychotropic drugs for his nonexistent attention deficit (in reality Johnny was just a boy).  Johnny’s doctor prescribed the narcotics, which otherwise would be considered illegal under state and federal law.  Johnny became semi-addicted.  The drugs caused his brain to slow down.  While giving him the appearance of being calm and receptive the dope also seriously impaired his health, to include his judgment. Johnny became a zombie.

Now, under the influence of these otherwise illegal drugs, practically mandated by his school, Johnny ran afoul of the school’s idiotic policy on otherwise illegal drugs.  School regulations dictate that any and all medications prescribed to a student must be held for the student’s use in the keeping of the school nurse. Johnny so kept his medicine in the school’s care and keeping.  Remember, the drugs in question diminished Johnny’s ability to rationalize and act appropriately.

One day, under the influence of these dangerous narcotics, Johnny forgot to drop off a few of his pills with the nurse.  He kept them in his book bag.  Mind you that Johnny never had any troubles whatsoever with his teachers, his classmates, or anyone else.

Out of the blue, without warning, probable cause, or a warrant, along came the local Sheriff’s department and their trusty drug-sniffing dog.  My students told me periodic drug sweeps were common in the prison…er..school.  The dog did his unlawful job well and promptly located Johnny’s pills.  The pills he was forced to take.  The pills that impaired his ability to reason.  The pills that caused him to forget to follow the procedures of the school that forced him to take the pills. Johnny was in trouble.

Jeopardy the first: Johnny had to appear at an administrative school hearing and faced expulsion or a year at the “alternative” school – like the supermax prison of the school world. Jeopardy the second, under asinine state law, as a minor with a driver’s license, Johnny’s possession of “drugs” put his license at risk and necessitated another administrative hearing before a state officer.  Third, and worst, Johnny faced a criminal proceeding and the possibility of jail time.

Luckily, Johnny had a good attorney and beat the triple threat.  He was back in class, soon weened himself off the school dope, and became a college honors student.  Others in the system are often not that lucky.  Maybe you know one of them. Maybe you were one of them.  Others have noticed this phenomenon and written about it.

Today John W. Whitehead wrote: Public School Students Are the New Inmates in the American Police State.

From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

If your child is fortunate enough to survive his encounter with the public schools, you should count yourself fortunate.

Most students are not so lucky.

By the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.

Whitehead.

Whitehead notes the utterly insane militarization of the school police, who shouldn’t even exist in the first place:

In their zeal to crack down on guns and lock down the schools, these cheerleaders for police state tactics in the schools might also fail to mention the lucrative, multi-million dollar deals being cut with military contractors such as Taser International to equip these school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the transformation of hometown police departments into extensions of the military has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

As Whitehead states, the stories of abuse are “legion.” Students are being harassed, detained, and arrested for anything and everything.  One student was recently arrested for showing off his homemade clock at school.  Specifically, he was showing the clock off to his engineering teacher, who was duly impressed. Despite the fact the clock was obviously a time keeping device and impressed the shop teacher, its owner, a 14-year-old, was handcuffed and hauled away by police.

_85589317_4163c0e1-3c48-44ab-af0f-c53360632e81

Child Arrested for Chronometer Possession.  BBC.

The boy in question was a known Muslim and some feared his clock was a bomb. The criminal case was dismissed after the clock was verified to be a clock not a weapon.  I imagine the boy still faces school discipline in addition to the trauma he suffered during the incident.

This story almost makes sense.  Americans today face the threat of Islamic terror, largely because their government constantly stirs the Islamic world to the point of terrorism.  The same government then trains, equips and funds the known terrorists.  Worse, the government, almost out of malicious hate for the people, then import migrants from the areas where they have fostered hate and terror.  You can see this is definitely a problem.  But, it’s a problem with the state not with an aspiring young engineer.

Your government does not care, at all.  Frequently neither does the media nor the television-numbed people themselves.  Obey those laws!  Trust the state! Arrested means guilty, period!

William L. Anderson today recounts the horror story of the arrest and unlawful prosecution by the U.S. “Justice” Department of Xiaoxing Xi, Chairman of the physics department of Temple University, on espionage charges: Paranoia and Pernicious Prosecutions: The Department of Injustice Continues its War Against the Innocent.

The once-glorious standard of American criminal law – guilty beyond a reasonable doubt – no longer exists de facto in U.S. courts, and especially in federal courts. Furthermore, federal intervention in certain legal areas – and especially when highly-politicized accusations of sexual assault are made – has made it extremely difficult for charged individuals to mount a defense, even when a charge is ludicrous on its face.

Let me further explain. Had there been a trial federal prosecutors would have presented their evidence and Dr. Xi would have had to then rebut with his evidence. However, as became painfully obvious, prosecutors had no evidence. Instead, they had “evidence” that on its face was untrue because they had the wrong material. One imagines that prosecutors and their “expert” witnesses would have given jurors a lot of scientific terminology that would have been confusing, and when jurors are confused, they usually end up siding with the prosecution, since most Americans believe that an indictment itself is “proof” of guilt.

It would have been up to Dr. Xi and his defense to prove that federal agents had presented the wrong set of blueprints. The feds would have falsely claimed that theirs was the correct set, even though by then they surely would have known they were presenting false claims. This last point is important, because it is a crime to knowingly present false information to a jury, but prosecutors never are disciplined for doing just that.

Anderson.

As Anderson notes, the feds dropped their case once it was obvious they had no evidence.  Xi pretty much lost everything – his reputation, his position, his peace of mind as an innocent American – all because of groundless charges brought without evidence.  Evidence is (or used to be) critical for a criminal case and conviction.  In my career I had similar criminal cases in federal and state courts fall apart due to a complete lack of evidence.  More on some of those in another column or two.

Many do not care about standards of evidence, due process or about the rights of people in general.  See: here, and here, and here.  That last “here” link is to a story I did about an innocent man shot by the police in Atlanta in his own home for no reason.  That narrative has played out yet again:

Fearing for their lives, California deputies opened fire on a man who was recording them with a cell phone from the garage of his home Friday, claiming they thought it was a gun.

Sacramento County sheriff’s deputies then searched the man’s home, finding no guns, before they apologized and went on their way.

Fortunately, Danny Sanchez survived the shooting, ending up with only bullet fragments in his legs, which he was having removed through surgery on Friday.

And although deputies apologized to Sanchez, they are pretty much unapologetic for their actions because, you know, officer safety.

 Carlos Miller, PINAC News.

Pitiful action by pitiful men.  Scared of a cellphone.  “Sorry we shot you.  Well, have a good day, sir!”  And the lemmings among you will still praise the deputies and chastise the victim.  “He should have obeyed the law!”  He did.  “You have to respect the police!”  No known disrespect even after they almost murdered him. Reality is doing a really poor job convincing the state-worshipers their’s is a false god.

For you, the sane, eye with distrust the machinations of government: its foreign policies; its immigration policies; all its policies; its schools; its courts; its police. All the laws and all the agents serve but the government and its owners. You and I are either obedient servants or criminal enemies of the state.

Note: This article was originally intended as two separate parts. As the subject matters – schools as prisons and more prosecutorial/police misconduct are related, I combined them, here.  This also promotes reading economy.  You’re welcome.

Liberty, Death, or Something In Between?

09 Wednesday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Liberty, Death, or Something In Between?

Tags

America, Benjamin Franklin, Constitution, Empire, freedom, government, H.L. Mencken, John Whitehead, Liberty, lies, Patrick Henry, Patriot Act, security, slavery, The People

Much, over the long years, has been made of freedom and the unnecessary curtailing thereof. Consider the following quotes:

Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

Patrick Henry, Richmond, VA, 1775.

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Benjamin Franklin.

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H.L. Mencken.

I think I have quoted all of these lines before. They are worth repeating.  John W. Whitehead of the Rutherford Institute has a terrific article along similar lines on the false security based demise of freedom in 21st Century America:

‘Give Me Liberty or Give Me Death’: The Loss of Our Freedoms in the Wake of 9/11.

What began with the passage of the USA Patriot Act in October 2001 has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse. Since then, we have been terrorized, traumatized, and acclimated to life in the American Surveillance State.

The bogeyman’s names and faces change over time, but the end result remains the same: our unquestioning acquiescence to anything the government wants to do in exchange for the phantom promise of safety and security has transitioned us to life in a society where government agents routinely practice violence on the citizens while, in conjunction with the Corporate State, spying on the most intimate details of our personal lives.

Whitehead.

The good news is that as the American Empire collapses under its own weight, things will get better for the free people. The bad news is that things will be painful along the way. Of course, for the sheep, the unaware, and the unfree, things will get worse and stay worse. In any event, I think Henry had it right.

 

Marriage, Martyrs, and Malevolence

06 Sunday Sep 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Marriage, Martyrs, and Malevolence

Tags

America, Courts, freedom, government, Kentucky, law, Licenses, marriage, religion

The problem with the Kentucky clerk jailed by the federal District Court for refusing to issue marriage licenses is two fold:

First, states should not issue licenses, especially for something as sacred as marriage;

Second, federal trial courts should not exist.

Better yet, imagine no government at all.

There. The issue is resolved.

The Doves of Peace and the god of War

06 Sunday Sep 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

America, Constitution, crime, freedom, government, law, military, Nazi germany, police, police state, Posse Comitatus Act, rights, The People, troops

Last week I posted a short bit about an odd, illegal police shooting in Atlanta. I caught a little flak from readers – mostly over the “innocent” nature of the subject home invasion and aggravated assault.

I saw the story as further proof of the American police state (no longer a theory nor “emerging”).

Nonetheless, I recognize some folks will support the police no matter what. Some have a love affair with government. Some see government as a god. These same people sometimes sport “Support Our Troops” bumper stickers and similar ornaments. Strangely, these same people usually view other parts of the state as dangerous – but they love the heavily armed parts. Weird, I know.

Such is the love and admiration for government troops that some will even take up arms to guard the very troops who supposedly guard the guards. Confusing, I realize. It gets even murkier when one considers that the endangering element from which the guards must be guarded was created by and imported by the government. No mind. The troops must be supported no matter what. Even when they, like the police, invade your property without cause and hold you at gun point. Read this:

Texas Air Force Personnel Detain Dove Hunters on Private Property

outdoorhub-texas-air-force-personnel-detain-dove-hunters-at-gunpoint-on-private-property-2015-09-03_15-20-26-880x503

Outdoorhub.com.

On Tuesday, the opening day of dove season in Texas, six hunters were detained by base personnel while traveling through private farmland adjacent to the base. The property was leased by the company that organized the hunt, Wildlife Systems, and had been used previously for hunting. Despite that, 17th Training Wing Security Forces entered the property and detained the hunting party—which reportedly also included the property owner.

…

“On a farm field that we lease that’s adjacent to the Base, surrounded by a security fence, they swarmed our group of 6 hunters, made them lay on their belly, spread eagle, for almost 30 minutes at gunpoint, two of them on asphalt in almost 100 degree temps and would not let them move, with our hunters pleading with them. One was laying in a red ant bed and they would not let him move.”

Base officials later stated that the hunters were detained because they were believed to be a threat, especially due to their proximity to the base. After it was determined that the hunters were only after doves, base officials said they were promptly released.

  • Outdoorhub.com.

I read the comments which accompanied this story. Roughly half were rightly indignant. The other half expressed unwaivering, religious support for the state’s criminal actors. In the clouded eyes of the latter group, dove hunting on your own land is akin to terrorism and worthy of assault or worse. Nothing must offend the (very sensitive) god-king.

I immediately thought this was a Posse Comitatus Act violation. The PCA forbids, under criminal penalties, the use of the federal military for civil law enforcement. Upon further consideration I realized this was just a case of law breaking, rather than enforcement. The MPs or “base personnel” are just guilty of trespassing and felony kidnapping.

They will not be published. One does not punish the god-king of the state. All those wacky laws, as applied to the government, are null and void. Even the revered Constitution has fallen:

“So you’re a Constitutionalist? We’ve had problems with this before!”

Long Valley, CA — Last month, the Feinman family was driving through a constitutionally questionable interstate checkpoint. This checkpoint is not on the US/Mexican border; it is along Highway 395N between California and Nevada.

When driving through these in-country checkpoints, you are not required to answer the agent’s questions (usually starting with “Are you a United States citizen?”). Nor are you required to consent to any searches.

Please note this story occurred in the United States not in Nazi Germany. The foolish family asserted their rights as free people and were promptly seized and arrested. The criminal state agents noted they had prior problems with Constitutionalists which means they have a problem with the Constitution – at least the parts concerning individual liberty.

To the sane among us it is patently obvious there is no legal protection in this country for us or our freedoms. The insane, the stupid, the craven will support the police, the troops, the government unto the bitter end. Something has to give.

The moral of the story is: support the government or they will invade your property, shoot your dog, and throw you to the ants.

 

Why Did They Shoot Me?

02 Wednesday Sep 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 4 Comments

Tags

America, Atlanta, crime, freedom, government, Home invasion, Natural Law, Natural Rights, police, shooting, The People

Many years ago I was in court for various criminal hearings. During a break in the injustice I chatted with the court reporter. She was complaining about the assertions of the defendants of their several legal rights. This unnecessarily slowed the process in her opinion. “People have too many rights!” she screeched.

Too many rights. This sentiment is as common in modern American as it is atrocious. The good news for the rights haters is that our natural rights are steadily eroding. That’s bad news for the rest.

All across the country on almost a daily basis one may read of summary rights deprivation by the state – of the militarized police gunning down unarmed citizens. The haters still assert the police are protecting us from ourselves. If people don’t want to be killed, they shouldn’t break the law, they say. Obey the law. Too many rights. Sieg heil! and all that.

Consider, if you will, if you can, the following tale are martial woe:

On Monday evening Chris and Leah McKinley were enjoying a television movie in the living room of the Atlanta area home. Their family time was interrupted by gunshots in the kitchen. Uninvited, three criminal gang members broke into the kitchen and proceeded to shot the McKinley’s dog. When Chris investigated (unarmed), the intruders shot him also. For good measure the criminals shot one of their own too.

The burglar suffered a serious wound but should recover. Chris McKinley’s injury was, luckily, minor. The dog died in the kitchen.

The horrible but all too common twist to this story is that the McKinley’s attackers were police officers.

Shortly after 7:30 p.m. Monday, three DeKalb County police officers were dispatched to a burglary call on Boulderwoods Drive, just off Bouldercrest Road, about a mile south of I-20. Derek Perez, the man who made the 911 call, wrote on Facebook that he’d told police about a possible burglar outside of “the farthest house at the end of the street.”

The officers, however, stopped at Chris and Leah McKinley’s home — the second house on the street — because it matched the “physical description” given, according to a release from the GBI.

AJC.com.

The officers went to the rear of the home, onto the screened-in porch and through a “reportedly unlocked rear door,” the GBI said.

According to neighbors, that’s when Chris McKinley — who’d been watching a movie called “Serendipity” with his wife and 1-year-old — walked into the room with his dog. Authorities said two of the officers opened fire after they “encountered a dog.”

Id.

McKinley, 36, was shot in the leg, and his dog, a female boxer, was killed. One of the officers — identified Tuesday afternoon as Travis Jones — was shot in the hip by a colleague, the GBI said.

…

“Are we perfect?” DeKalb director of public safety Cedric Alexander said. “Absolutely not. But when we find a mistake, we own it. We own the fact that we were at the wrong house. We didn’t hide it. We didn’t mismanage it. We were at the wrong location based on information that was given to us.”

Id.

This is as close to a real apology as the police give for these incidents. They will not be prosecuted for their misdeeds. The taxpayers may suffer should the county pay some settlement to the McKinleys.

ChrisMcKinley

Chris McKinley, survivor. AJC.

Lloyd

One of McKinley’s assailants. AJC.

This shooting was mild compared to some others in the news lately. In other circumstances McKinley might have been killed. Or, he could have been framed with the officer’s shooting or some fictitious type of resisting or obstructing. Chris McKinley (and his dog) broke no laws. He did not “resist” the police. He did nothing wrong. He didn’t need protection from himself. He was minding his own business.

“Why did they shoot me? Why did they shoot my dog?” McKinley asked a neighbor who came to his aid.

Why did they shoot Chris McKinley? Maybe it was a tragic mistake. Maybe it’s because he has too many rights.

Friend of Freedom: My Remembrance of Bobby Franklin

26 Wednesday Aug 2015

Posted by perrinlovett in Legal/Political Columns

≈ 2 Comments

Tags

abortion, America, Bobby Franklin, children, Christian, church, Constitution, Courts, Devil, Federal Judges, freedom, George Bush, Georgia, God, government, guns, legislation, murder, politicians, press, principles, regulations, Second Amendment, Senate, taxes, The People

Several days ago several of my friends lamented both the constant barrage of stories about abortion and the subject itself.  All averredly pro-life they are none-the-less tired of hearing about Planned Abor…Parenthood, pro-choice, pro-life, and broken Republican rhetoric.  One asked, “why doesn’t anyone just do something?”

Someone tried.  Oddly enough it was an elected Republican from Georgia who actually used his position of power to make a difference.  He tried time and again.  Failure to him only meant another chance to try again.

He was dead serious about protecting children in addition to championing various other causes of freedom.  He was one of the very few living politicians I admired. I knew the man personally.  His name was Bobby Franklin.

Robert “Bobby” Franklin represented Georgia’s 43rd House District (Cobb County) from 1997 until his death in 2011.

RepBobbyFranklin

Bobby Franklin at work.  Google.

A self-made businessman he served on the House Banking Committee, among others.  At one time he was chairman of the House Reapportionment Committee.  He consistently stood for less government and more freedom.  He was never shy of controversy.

His most famous stand was for those unborn Georgians.  In 2011 he made sure the very first bill in the House hopper was one which would have made abortion a felony punishable by either death or life in prison.  See: H.B. 1, 2011.  He rightly considered the practice a form of murder.

His hardest critics, had they not been weak cowards, would have possibly tried to murder Bobby himself for his stance.  Of course, they resorted to base distortion and lying, going so far as to say Bobby would criminalize ordinary miscarriage. These were and are the same sort of satanists who laugh while discussing chopping up living babies and then selling the parts.

You can read and judge for yourself the would-have-been effects of H.B. 1 via the link above.  Here is the pertinent part of the Bill, concerned with protecting the rights of all citizens:

bobby bill

H.B. 1, 2011, GA Gen. Assembly.

Extreme, huh?

Upon his untimely death his detractors still mocked:

Bobby Franklin was the demagogue the Founding Fathers feared and warned us about, a perfect example of the excesses of democracy that would strip the common American citizen of his or her rights.

If you must have a eulogy from me this morning, it will be this, and this only: Bobby Franklin was a danger to democracy and a danger to women and now he’s dead.

Hrafnkell Haraldsson, No Eulogies for Georgia State Rep. Bobby Franklin, 
July 28, 2011. 

Nonsense, all of it.  The free people of the state had no better friend.

Bobby did want to strip away certain things from out the overfilled lumber room of Georgia law.  He wanted to strip out taxes.  He wanted to strip away regulations.  He wanted to strip away government involvement in people’s lives – to include abolishing the requirement for a state-issued driver’s license.

Had the ultra-left not been so preoccupied with killing babies they might have recognized Bobby’s position of licenses as similar to those of the 1960’s counter-culture.

“Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose,” Franklin’s legislation states. “Licensing of drivers cannot be required of free people, because taking on the restrictions of a license requires the surrender of an inalienable right.”
In an interview with CBS Atlanta News, Franklin claimed driver’s licenses are a throw back to oppressive times.

“Agents of the state demanding your papers,” he said. “We’re getting that way here.”

http://talkingpointsmemo.com/muckraker/georgia-republican-nobody-should-need-a-driver-s-license

TPM Muckraker, Feb. 2, 2011.

He further proposed other “unthinkable” freedom-centered legislation, to include:

*The sole use of gold or silver as currency (where did he ever get that idea???);

*Taxing and regulating the Federal Reserve Bank of Atlanta like any other bank;

*Banning forced vaccinations;

*Eliminating the state income tax;

*Eliminating property taxes;

*Banning eminent domain;

*Recognizing that civil government is last and least after family, religion, and community;

*Protecting the right to bear arms and to use them in self-defense;

*Making it legal to carry a firearm into a Georgia church (actually passed three years after his death); and

*Mandating that questions of Constitutional Law be settled by elected officials in the General Assembly rather than the Courts.

Bobby never quite trusted the courts nor lawyers (maybe to include me..).  He was not afraid of them and did not worship their decisions as most lawyers do.  In fact, his H.B. 1, supra, would have specifically banned federal courts from reviewing his law, as they lacked jurisdiction (true if moot today):

bobby bill2

H.B. 1, 2011. Federal courts need not apply.

A little known fact about Bobby Franklin was that he actually wanted to become a Federal District Court Judge.  He once called me, during the early 2000s, to ask what the qualifications were and, specifically, if one had to be an attorney.  I explained to him he met all the (very few) technical qualifications.  There is no requirement that a federal judge of any sort be an attorney.  Some of the finest of all American jurists have been (long ago) non-lawyers.

We then discussed the political qualifications.  Politically, one does need to be an attorney.  One also needs to contribute heavily to a President’s campaign.  One must be capable of passing U.S. Senate scrutiny after securing a nomination.  I asked him if he thought George Bush (the dimmer) would nominate such an outspoken, relentless champion of liberty.  We laughed and he apparently dismissed the idea.  That was a shame.

I think what had stirred him to this unlikely career change idea was the flap over the separation of church and state caused by the public display here and there of the Ten Commandments.  I’m sure he had other reasons too.  He would have made a fantastic judge.

Bobby was a fantastic man.  A man in real life in addition to the newspapers and the state house.  We attended a men’s wild game dinner at the First Baptist Church in Woodstock together.  Then governor Sonny Perdue gave a short sermon before shotguns were raffled off.  Sometimes Georgia is a damn fine place!  Perdue actually gave a decent homily, concerning the wrath of the devil in our lives: “Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about, seeking whom he may devour.”  1 Peter 5:8, JKV.

That is a powerful verse and Perdue’s usage was well placed.  Powerful also was Bobby Franklin’s response to a joking question asked that night by another speaker.  Remember, it was a men’s group.  The speaker laughingly asked how many of us were “henpecked.”   A thousand or so of us sheepishly raised our hands.  Bobby did not.  Real. Man.

I found out he was gone one day when I was poking around my Facebook feed and realized Bobby wasn’t on anymore.  A Google search revealed his death to me.  As could be guessed from his legislative history, Bobby was a staunch Christian.  His death was discovered when he failed to show as usual at his church on Sunday morning.  He died of well-hidden heart problems.  One would have never suspected he took prescription medications of any kind – he was as physically fit as he was steadfast to his principles.

The popular press was a bit kinder than the lunatic left in its obituary:

“He was one of the few politicians who stood by what he believed in, whether you agreed with it or not.” …

“He would want to be remembered first as a person of faith and second as a person who loved his country and loved liberty.” …

“While he certainly was controversial, he was never vitriolic and was never mean. This is a very sad day for Georgia.”

Franklin could also often be a thorn in the side of Republican leadership. While his go-it-alone attitude was rarely problematic, he could tie up committee meetings for hours. A member of the Judiciary Non-Civil Committee, he would frequently attempt to add anti-abortion language to unrelated bills to the exasperation of his colleagues.

He also was unafraid to challenge the speaker of the House, an act somewhat akin to challenging a king. On several occasions, even challenging a member of the same party, Franklin would force a vote of the full House in an attempt to overrule the speaker. This was true under both former Speaker Glenn Richardson, R-Hiram, and current Speaker David Ralston, R-Blue Ridge.

Franklin Remembered, AJC, July 26, 2011.

I suppose this is my belated good-bye to Bobby.  His loss was a sad blow to Georgia and America.  Also, sadly, we will not likely see his kind again.

We Are Rome

12 Wednesday Aug 2015

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on We Are Rome

Tags

America, citizens, collapse, Edward Gibbons, elections, freedom, goverment, Paul Rosenberg, republic, Rome, Ron Paul, Washington

Paul Rosenberg has penned an excellent article corolating the end times of the Roman Empire with those times upon us current Americans.  He starts off with commentary on the coming federal election next year.  I have friends already excited about the prospects thereof.  Most are gleefully supporting Donald Trump.  Others are leaning intrepidly towards Rand Paul or even Bernie Sanders.

Were a gun to my head and I was forced to participate, I would support Dr. Paul, the younger. However, I still stand by my mantra from 2007-2008: Dr. Paul, Sr. was the final hope (in 2008) to reverse course and “save” the Republic.  That chance we missed. It is done. Over. The Donald can’t save us. Bernie can’t do it. Hillary can’t. Certainly none of the other has-beens trotted out for our inspection can.

Another American election cycle is upon us, and large numbers of people are lining up to pour their time and money into the sewer of politics, to be lost forever.

This system will not be fixed. Period. This is Rome in 460 AD. The rulers, as in Rome, are liars, mad, or drunk (these days, drugged)… or all three.

Rosenberg

Those living few who have consumed Edward Gibbon’s History of the Decline and Fall of the Roman Empire understand, in depth, what Rosenberg alludes to here.

Do we really believe that central bankers will just lay down their monopolies?

Can we seriously expect a hundred trillion dollars of debt to be liquidated without any consequences?

Do we actually believe that politicians will walk away from their power and apologize for abusing us?

Do we really think that the corporations who own Congress will just give up the game that is enriching them?

Does anyone seriously believe that the NSA is going to say, “Gee, that Fourth Amendment really is kind of clear, and everything we do violates it… so, everyone here is fired and the last person out will please turn off the lights”?

And does anyone believe that the military-industrial complex will stop encouraging war, or that corporate media will stop worshiping the state, or that your local sheriff will apologize for training his cops to be vicious beasts?

Do we really believe that public school systems will ever stop lauding the state that pays all its bills?

I could go on, but I think my point is made: This system will never allow itself to be seriously reformed. Trying to fix this is like trying to revive a long-dead corpse.

Rosenberg, Id.

The answers to these questions are all “no.” Interestingly, what we Americans have witnessed in the past few decades is more akin to the combined collapse of the Roman Empire and Republic than the Empire alone. What took the Romans 500 years we have accomplished in about 100. Technology? American exceptionalism?

romefalls

History.com.

The good news is vast. After the fall of Rome the world did not end. Ours will not either. By the time the Collapse was realized it had no effect on the average Roman citizen. Odd as it may seem, this will be our experience. The most damaging effects of the next turn will mostly be felt by banks, insurance companies, arms manufacturers and other mega-corpotations – hardly a pitiable crowd. For most people the change will go largely unnoticed. No more D.C.? Well then, just pay taxes to Atlanta or Boston or not at all.

For those who love State control, some government(s) will invariably crawl from the ruins of post modern Amerika. For those like me the lack of overwhelming regulation from Washington will be a much appreciated reprieve.  The future holds something for everyone in the short term. Over the long run bigger and better societies will emerge just as Rome was eventually replaced by the likes of Charlemagne, England and, in turn, us.

As for now, go ahead and vote as you like. It won’t change anything but it also cannot hurt.  As a bonus elections always provide comic (albeit criminal) relief.

St. Benedict approves this message.

 

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