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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: Jimmy Carter

Also Ochlocratic

14 Thursday Sep 2017

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Also Ochlocratic

Tags

America, Big Club, freedom, Jimmy Carter, ochlocracy, oligarchy

Jimmy Carter is right about the oligarchy angle but there is more:

Former President Jimmy Carter offered a damning indictment of U.S. foreign policy and domestic affairs Tuesday, saying money in politics makes the nation more like an “oligarchy than a democracy” and casting President Donald Trump as a disappointment on the world stage.

Carter’s criticisms, offered at his annual presentation to backers of his post-presidency Carter Center in Atlanta, went beyond Trump, but he was particularly critical of the nation’s direction under the Republican president’s leadership.

The 39th president, a Democrat, offered this advice to the 45th: “Keep the peace, promote human rights and tell the truth.”

Carter’s insisting on peace, human rights, and truth shows just how long he’s been away from Washington. It’s as bad as Rand ranting about the Constitution and the Senate actually doing its job. Sad.

Just one example:

Proof of Oligarchy: Trump pushes DACA, Wall can Wait.

Proof of Ochlocracy: Appeased by Football and fake Economic Numbers, MAGAers Overlook DACA/Wall.

Donald Trump, Mike Pence, Chuck Schumer

Just because you’re not in The Big Club doesn’t mean you won’t support it. Talking Points.

Friday Night News, August 2, 2013

02 Friday Aug 2013

Posted by perrinlovett in News and Notes

≈ Comments Off on Friday Night News, August 2, 2013

Tags

America, banksters, Bradley Manning, Col. Qaddafi, Congress, D.C., democracy, evil, Jimmy Carter, law, Libya, Lockerbie bombing, London, NSA, Obama, Russia, Snowden, taxes, Tony Blair, War

Here’s a quick rundown of some of the week’s newsworthy items:

The more time passes, the more I respect Jimmy Carter.  I met the man once, about a decade ago.  He was charming.  He’s also very bright and very honest.  The other day, in light of the Snowden/NSA affair and the complete breakdown of law in the U.S.A., President Carter admitted the painfully obvious, “America has no functioning democracy at this moment.”  Read on: http://rt.com/usa/carter-comment-nsa-snowden-261/.

In related news there was a glimmer of freedom from behind the old Iron Curtain.  Russia, now a haven for the politically oppressed, has granted residency to Mr. Snowden: http://rt.com/news/snowden-russia-kucherena-mills-914/.  President Putin has refused to bow down to the illegal demands of the communist killers in Washington.  You may recall earlier this summer that Hong Kong refused to go along with D.C.’s blatantly illegal scheme to arrest Snowden.  All this adherence to the law must chaff Mordor horribly.

1757340-sauron_21

(Sauron’s a little hot under the collar right now…)

The news gets worse for the Empire.  This week a military judge found Private Bradley Manning not guilty of aiding the enemy when he did his job, followed the law, and exposed various of Washington’s war crimes.  See:  http://www.cbsnews.com/8301-201_162-57596093/bradley-manning-acquitted-of-aiding-the-enemy-for-giving-secrets-to-wikileaks/.  Manning will spend (more) time in prison for some trumped-up charge but the ultimate truth has come out – the only people he aided were Americans who still believe in America.

The Empire strikes back!  All this attention to freedom has the criminal class in D.C. steaming mad.  In order to mitigate damages President Sotoro announced a new scheme which will lower taxes on large corporations to 28%.  Not that giant corporations (Big Club members) pay taxes anyway…  All of you with small (politically insignificant) businesses will pay 40%.  Equality makes Amerika great: http://www.weeklystandard.com/blogs/obama-top-tax-rate-should-be-28-corporations-40-small-business_742312.html.

Last year, I kicked this blog off with a piece on the Obamacare “tax.”  It’s just a tax, nothing else to see, folks.  The savings from the most affordable of care acts will soon manifest.  Georgia’s insurance commissioner just announced that, thanks to the tax-murderers in D.C., insurance premiums in Georgia will rise by up to nearly 200%.  See: http://www.weeklystandard.com/blogs/ga-insurance-commissioner-obamacare-force-massive-rate-increases-198-percent_742311.html.  Don’t worry about Little Barry and Congress – they’re exempt!

Lastly – not to be out corrupted by the fools in D.C., the ticks in merry old England made the news too!  Do you remember the Lockerbie, Scotland bombing?  It was December, 1988, just before Christmas.  I was on a family vacation at Williamsburg, Virginia when the news came in.  A Pan-Am 747 en route to New York was destroyed over Scotland by a bomb.  The bomb was planted by Libyan terrorists.  The plane was carrying a large number of students from Syracuse University.

The lead terrorist was convicted and imprisoned for life in the U.K.  Several years ago the convict came down with terminal cancer or something.  He supposedly only had weeks to live.  In an act of “compassion” and at the behest of Col. Qaddafi, the British released the bomber back to Libya.  He was greeted as a hero at home.  He also lived on for years, not weeks.

This week the truth came out to little or no fanfare.  Compassion had nothing to do with the release.  The killer was freed in exchange for a 400 Million Pound arms deal with Qaddafi, arranged by the corrupt Tony Blair and Co.  Read on: http://www.telegraph.co.uk/news/politics/10206659/Lockerbie-bomber-release-linked-to-arms-deal-according-to-secret-letter.html.  Did you catch the 80 BILLION Pound banking deal??  Part of the deal involved 80 Billion pounds of Qaddafi’s being managed by banksters in London.  This is why we have war – to make money for arms dealers and criminal bankers.  What a way to honor the 270 Lockerbie dead.  By the way, with Qaddafi dead now, I wonder how much of that money has been returned to the people of Libya?  I’m guessing $0…

I have a special duo of non-news stories planned for the weekend.  One involves my favorite cigar shop, the other an old Doctor Who episode.  Here’s a little video teaser: http://www.youtube.com/watch?v=o5cC__bBM1A.  Prepare yourselves…

Perrin and the Rich and Famous

09 Tuesday Apr 2013

Posted by perrinlovett in Uncategorized

≈ 5 Comments

Tags

Athens, Benny Hinn, Buck Rogers, Buff Bagwell, chicken, cigars, Don Knotts, Gold's Gym, hottie, Jake Roberts, Jimmy Carter, Joe Penny, Ken Starr, Kenny Rogers, L.A., Masters, Michael Stipe, MSU, Rafael Palmeiro, Starkville, Steve Forbes, Suzanne Yoculan, UGA, Vince Dooley, Will Clark, WWF

The idea for this post came to me today.  I suppose it was because it’s Masters time and everyone is on the lookout for the rich and famous.  I’ve met numerous famous people during my lifetime.  People love celebrity stories so I thought I would bore you with some of mine.

I’ll start with the two whose autographs I asked for and received.  Not being an autograph hound, the idea usually doesn’t come to me.  I’m not counting the ones who have signed books for me, those are numerous.

Don Knotts

I met Don Knotts at Mississippi State University in the early to mid 1980s.  He was in Starkville to give a comedy-laden speech about his life and career.  He was genuinely one of the funniest and down to earth person I’ve ever encountered.  The demeanor he exhibited on Andy Griffith and Three’s Company was him, unless he was hamming it up the night I saw him.  I can’t recall anything he said but I remember it was fascinating.  He signed a picture of himself for me.  I lost it.

Vince Dooley

Any good old boy from Georgia would be compelled to get the coach’s autograph.  So I did one afternoon.  The funny thing was, I had him sign a baseball.  I was at a baseball game in Athens and decided to go get a hotdog.  On my way out of the stands a pretty girl in a UGA outfit gave me a UGA baseball.  I put it in my pocket and proceeded to the concession stand.  While I was waiting in line I happened to look behind me and there was Dooley.  He had a pen, I had a baseball.  The rest is concession stand history.  He was overly gracious.  I have since misplaced the ball.

Suzanne Yoculan

I has working out (back when I was in super-shape at the brand-new UGA athletic facility (we called it the SPACE Center, it has a different name now).  Being a dumbbell I was hanging out with my kin.  I noticed an extra attractive blonde next to me.  It was Yoculan.  We had a nice chat between sets about gymnastics and fitness in general.  So, I think I’ve met UGA’s most famous coach and their winningest coach.  Yoculan was very nice.  Almost all the celebrities I’ve ever met have been very nice.  Not so many looked as good as her though.  I think I was on a flight to L.A. with the hottie who played Princess Ardala in Buck Rogers but I’m not sure.  She may have just been a hottie.

Kenny Rogers

I met a slew of famous folks in and around Athens, as you can gather.  I had a girlfriend who managed a Hallmark card shop.  I was hanging around one Saturday, being a general nuisance.  I found the name tag maker and made myself a name tag – “Bubba.”  In walked Rogers and his beautiful then-girlfriend, now wife.  He stood around like an average ordinary dude while the woman shopped.  I recall she ran up a good-sized tab, which Rogers paid (with cash).  I jumped behind a register and acted like I worked there.  One of the girls pushed me aside.  After the payment, the Misses decided she wanted to shop some more.  Kenny had enough and headed out to sit in the car, which turned out to be a mini-van.  I strolled out and talked to him for a minute or two about his music and his chicken franchises (remember those?).  I might have him autograph something but I can’t remember; if I did, I lost it.

Will Clark and Rafael Palmeiro

Daddy taught at MSU when I was young.  We went to almost every home game – football and baseball.  During the 1984 or 85 season he got me a ball autographed by the entire team (including Ron Polk).  I think Brantley or Thigpen or someone was in one of his classes.  He pulled rank, not me – therefore, I don’t count this encounter as one where I sought the autographs.  By the way, I have that ball under glass on a shelf at home.  It turns out a good friend of mine was on the team the year before.  I showed him the ball once and he went into a time-warp memory trance.  Autographs are powerful.  Anyway, I think it was the evening the team got back from an unsuccessful world-series run or maybe it was on their way out).  The media were gathered and many interviews occurred concurrently.  Clark and Palmeiro had no trouble taking a moment or two to humor little me.  Great men.

bball

(If you’re a MSU or MLB fan, I might consider selling the ball.  $erious offer$ only…)

Michael Stipe

This really doesn’t count as a meeting so much as a random funniness.  A friend of mine and I were visiting with my doctor in .. you guessed it – Athens on morning.  The Doc was developing a bar/apartment complex on Clayton Street.  He had invited us over to look around.  Anyway, we were all standing out on the sidewalk when this bald-headed skinny guy in a sweat suit came jogging by.  One of us said, “It that Michael Stipe?”  The second said, “That looks like Michael Stipe.”  Then third said loudly, “That’s Michael Stipe!”  Stipe glanced nervously over his shoulder and then bolted off at a full sprint.  Funny if you were there.  I was.

Aurelian Smith, Jr.

You know Smith better by his ring name, Jake “The Snake” Roberts.  He was the first of the many wrestlers I’ve met and the first of two I’ve worked out with.  I was pumping serious iron at the Gold’s gym in … Athens on morning when I noticed this tall guy on a bench (bench press bench) reading the paper.  I took a second look and determined it was Roberts.  About that time he noticed me and asked for a spot.  We talked a good deal about his life and things generally.  I had just seen him on the Benny Hinn show and had some questions about Hinn’s performances, which, honestly, look as scripted as anything from the WWF.  Roberts assured me that Hinn was a sincere Christian and that he exuded an uncanny “electric” presence – one that could be felt physically.  He and I worked out quite a few times and talked frequently in the parking lot.  Jake drove a rotating variety of older vehciles.  He was a great conversationalist and as un-snake like as could be.

Marcus Bagwell

Marcus is better known as Buff Bagwell.  I met him in the Gold’s Gym in Woodstock, Georgia.  This was during one of my short-lived attempts to get back in shape.  Buff was in great shape, naturally, and his encouragement and friendliness helped me during the run.  The poor guy was in a bad automobile wreck not too long ago.  A lot of the wrestlers I’ve known, including Jake, have had problems later on.  Sad, but I guess it comes with the territory.

Joe Penny

When I was a teenager I worked out at another of Bill Smith’s great clubs – Bodytalk.  On summer day I was milling around and saw Penny. You may remember him from Jake and the Fatman and Riptide.  His dad was a local school principal and Joe came for a visit.  Like Jake he requested a spot and we struck up a conversation.  I naturally get along with most people and since I’m not a pop culture nut I suppose I don’t annoy the celebs as others might.  Anyway, he was a very quiet but personable fellow. 

Jimmy Carter

I worked in and around the Georgia General Assembly during the last year of law school.  The former President came to town and gave a speech one day.  I attended and found what he had to saw inspiring and common-sensical.  I don’t really recall what he talked about but it was interesting.  After he talked and was shaking hands with the resident ticks, I made my way down to Governor’s private door.  I figured that’s where Carter would exit.  I was right.  After a few minutes he and Rosalynn came along with one or two Secret Service agents and some State Troopers.  He stopped for a second, shook my hand, and made pleasant small talk.  It’s funny; I don’t generally view his Presidency as a particular success but I was very pleased to meet him.  He’s the only President I’ve ever met.  The next best person is John Anderson.  He was a professor of mine in law school and is now a friend.  I’ve met so many other politicians, they don’t faze me anymore (I do keep my hand on my wallet though…).

Steve Forbes

This is one of the few cases where I heard a famous person talk about something and remember what he said.  Forbes spoke to the Federalist Society’s 2001 national conference about the ridiculous monetary policy of the Federal government.  While not outright calling for a return to the gold standard, he advocated SOME standard so we at least know where we stand.  He analyzed it to a carpenter trying to build a house when his tape measure changes units every day.  After he spoke I mosied up and we talked for a little while about the subject.  I asked him how we could ever got back to a sane system.  He said all we could do is to keep hammering the point over and over.  Ron Paul did a great job of this.  Forbes was by far the wealthiest person I ever met yet one of the absolute nicest.

Kenneth Starr

I first met Ken at the same Fed-Soc function where I met Forbes.  I’ve since met him many, many times again.  Our second meeting was at Ted Olson’s Virgina home the next summer (I once ran with the elite…).  I saw Ken and his wife and guided my wife over for an introduction.  He saw us coming and walked over.  He actually remembered me and said, “Hello, Perrin!”  The wives were happily introduced and we went on drinking champagne and doing snooty country club stuff.  How cool is it to be recognized by a celebrity, whatever you think of his professional work?

Cigar Royalty

Through my cigar connections, I’ve met many of the biggest names in the cigar world.  I won’t name names here.  Like politicians, to me they are a dime a dozen.  However, unlike the ticks, I consider these folks my friends (in real life and on Facebook!).  All are exceptional and kindly.  ALmost everyone in cigarland is that nice.

My favorite celebrities are my beloved readers – you!  Maybe I’ll write some funny snippets about you someday!

Posse Comitatus

20 Wednesday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 25 Comments

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"Civil" War, 107th Congress, 18 USC 1385, 19th Century, 20th Century, 45th Congress, A Well regulated Militia, Abram S. Hewitt, abuse, air force, Alexander Hamilton, America, army, Articles of Confederation, Attorney General, Barrack Obama, beltway snipers, Ben Hill, Caesar, capital felony, civil power, communism, Congress, Congressional Record, Constitution, criminals, Declaration of Independence, district attorneys, drones, Drug "War", due process, Empire, Federalist Papers, freedom, Gallic War, Gauis Curio, George W. Bush, Georgia, governors, happiness, history, Homeland Security, Japan, Jimmy Carter, John B. Anderson, judicial review, Kentucky, King George, Latin, law, legislature, Loeb Classics, Marx, Maryland, Michigan, military, National Guard, Natural Law, NDAA, New York, north, Patriot Act, Posse Comitatus, President, public hanging, Reconstruction, republic, Rome, Ronald Reagan, scholars, sheriffs, slavery, south, States, Supreme Court, taxs, The Founders, The Time Given, Thomas Jefferson, treason, tyranny, Waco, Washington, William Kimmel, wisdom, Wounded Knee

I love follow-up stories.  The other day I did a piece about military drones killing Americans and mentioned the Posse Comitatus Act as a possible solution.  I said I’d have more to say about the Act soon.  Here it is:

On June 18th of this year we will all celebrate the 135th birthday of the Posse Comitatus Act, 18 U.S.C. § 1385.  Happy Birthday, Pos-Com!!!  Maybe you do not share my zeal?  Perhaps you have never heard of this great Act or maybe you don’t know what it means.  Allow me to educate you.  The Posse Comitatus Act means absolutely nothing.  Those who will celebrate the creation of this dead letter are those who should be prosecuted under it – namely those members of the various executive branches of the Federal and state governments. 

“18 U.S.C. § 1385” is a legal citation to the United States Code, referring to Section 1385 of Title 18.  Title 18 is the federal criminal code thus, Posse Comitatus creates a criminal offense.  Like 99.99% of federal criminal laws it only sets forth a felony offense and punishment.  Unlike most federal crimes though, the Act carries a lower than usual maximum sentence and it HAS NEVER BEEN PROSECUTED!

In law school I wrote a lengthy research paper on the Act – Posse Comitatus – written for my advanced Constitutional Decision-Making seminar taught by the very Honorable Professor John B. Anderson.  Anderson represented the people of Illinois’s 16th Congressional District for twenty years.  You may recall his 1980 independent run for President against Jimmy Carter and Ronald Reagan.  You may also recall his book The American Economy We Need from 1984.

I consider Professor (as I always call him) Anderson a good friend.  Once he and his wife, Keke, graciously received my wife and I at their beautiful home on a visit to Washington.  However, back when I initially presented my paper proposal to him he seemed a bit skeptical.  I suspect that, at the time, even he had not heard of the Act.  As the semester progressed though our Nation’s Capital came under the terror of the Beltway snipers.  Anderson called me one day and said he had just heard a news report on the radio about the snipers, the hunt therefore, and … the Posse Comitatus Act.  He was hooked and I received an “A” for my efforts. 

Over the ensuing decade I have ripped the paper apart, added to it, and conducted additional research on the Act and many related matters.  In the not to distant future (later in 2013 perhaps) I look forward to publishing a book based in part on my original thesis.  The book is tentatively called A Well Regulated Militia (Amazon/CreateSpace/Kindle) and will relate to all things Second Amendment, Militia, and tyranny prevention (and reversal).  This would include, for reasons cited herein, below, the Pose Comitatus Act.  This work will be far more substantial than The Time Given (soon, I promise), though that treatise is no less important to the scope of human happiness than anything else I write.

I hope the book-buying public also gives my work an “A” and I experience mass market financial success.  Remember, you need not actually read a book; what counts is buying it (multiple copies if possible).  I have limited the many notes and many of the citations which accompanied my old paper and which will inevitably appear in the book.  For the book I intend to clean them up, eliminate them if possible, or relegate them to the seldom viewed “Notes” section at the back. I hear notes, like charts and graphs, drive down sales.  Pictures have been known to help though:

Minutemen-1776

(Our Posse.  Source: Google images).

The history of the Act is a great part of the history of the 19th century in America.  As you may recall in the middle of that century we had a rather unpleasant incident which resulted in the deaths of about 600,000 men.  I refuse to call it The Civil War because it wasn’t.  A “civil war” is where two or more factions fight for control of a central government.  In our case, the Southerners wanted to be free of Washington, not in control of it.  It also wasn’t a declared war (I’ve had debates with other attorneys about what that meant). My northern friends often ask me my opinions about the war.  I can sum the up easily: it was as deadly as it was unnecessary. 

I am in the minority of honest legal historians who believe that the southern states had every authority to seceed from the union.  I think any state today has that same authority.  Nothing in the Constitution compels eternal membership and several states expressly reserved the ability to withdraw at any time.  They asserted a Natural Law position which, being universal, would seem to apply to even those states which joined without such reservation. 

Back in the Nineteenth Century, America was plagued with major problems – debt, financial scams, economic warfare, lying politicians, and, of course, slavery.  Come to think of it, the more things change, the more they stay the same.

You may recall from history that once the “war” was over and the Union reunited, a probationary period was imposed on the southern states.  This period was known as Reconstruction.  It was rank with abuse.  In numerous cases the legislatures of southern states and other institutions were invaded or harassed by regular army troops.  The Posse Comitatus Act was passed partly in  response to these alarming events. 

“Posse Comitatus” is a Latin phrase roughly meaning “power of the county.”  “Posse” in latin is a verb which means to “be able” or to “have power”.  “Comitatus” means “company” or “retinue.”  In other words, it refers to the local militia – those men available for service in times of crisis.   An aside, suited for a future article: “militia” does not correlate with the “National Guard.” 

The concept of the militia predates and was well established at the time of our nation’s founding.  Congress still acknowledges the militia separately from the Guard; the Guard and the militia are differentiated under Titles 10 and 32 of the U.S. Code.  Every State maintains a militia (at least in the law books) separate from the Guard.  In Georgia, the State militia is officially the Georgia State Defense Force.  See: O.C.G.A. § 38-2-23, et seq. 

The Guard was instituted in the early twentieth century and is essentially a back-up force for the regular national army – it is sometimes on loan to the several States.  Enough on that for now.

The Pose Comitatus Act reads, in its entirety: “Whoever, except in cases and circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”   18 U.S.C. § 1385.   

The Act (let’s call it the “PCA” from here out) originally started out as an amendment to the Army Appropriations Bill (H.R. 4867) for the fiscal year ending in 1879.  This would be during the forty-fifth congress, second session, in 1878.  The initial mention of the concept of the PCA as an amendment came from Rep. William Kimmel of Maryland on May 20, 1878.  Kimmel was cut off in mid speech by time constraints; however, he successfully laid the framework for the PCA amendment.  See: 7 Cong. Rec. 3586. 

H.R. 4867, PCA and all, eventually became law on June 18, 1878, hence the pending birthday celebration.  See: 7 Cong. Rec. 4686.  Some scholars have speculated the PCA was enacted only to end the use of he army in supervising southern elections and legislative sessions.  Earlier I said the PCA was partly enacted for the reasons said scholars state.  I, however, dug deep into Congressional history (boy, what fun) and found a more complicated picture. 

The roots behind the theory of Posse Comitatus go much deeper and further back in history than the American Republic.  The concept was present at the end of the Roman Republic, more than twenty centuries ago.  Gauis Curio attempted to disarm Caesar’s returning army in order to preserve domestic tranquility.  See: Caesar, The Gallic War, Loeb Classical Library, 587 (Harvard U. Press, 2000).  As you know, Caesar “crossed the Rubicon” and the Empire shortly thereafter commenced.

In early America the fear of armed military forces present in everyday life was of grave concern to our Founding Fathers.  Beginning the Declaration of Independence with a nod to Natural Law, Thomas Jefferson listed the first grievance against King George that “He has kept among us, in times of peace, standing armies without the consent of our legislature. … He has affected to render the military independent of and superior to the civil power.”  Dec. Independence, para. 13 – 14 (1776).  Jefferson listed various other similar complaints against the King.

Jefferson was not alone in his fear of standing armies, provisions against which found their way into both the Articles of Confederation and the Constitution (remember the Constitution?).  In The Federalist Papers, Alexander Hamilton, himself not the greatest proponent of freedom, railed against the standing army as “unsupported by any precise or intelligible designations of reasons.”  The Federalist, No. 27 (Hamilton).   

The Forty-Fifth Congress considered several issues in developing the PCA: a standing army versus a militia; limited central government; and, the proper (if any) uses for an army within the confines of the territory of the Republic.  A sub-issue of concern at the end of the 19th Century was the potential rise of communism, which Congress greatly and rightly feared.  Karl Marx was still alive at the time of the PCA debate, his works on “economics” relatively fresh off the presses.  Rep. Abram S. Hewitt of New York commented on the subject: “If you want to fan communism, increase your standing army and you will have enough of it.”  7 Cong. Rec. H. 3538 (1878). 

Rep. Kimmel stated the then current use of the army in domestic affairs was a direct “violation of the Constitution.”  He cited numerous examples of federal troops aiding tax agents, governors, sheriffs, and district attorneys in Georgia, Kentucky, Michigan, and New York.  7 Cong. Rec. 3580 – 3582.  Again, it is popularly said that the PCA was the result of Southern states fed up with the misuse of federal soldiers during elections. Most of Kimmel’s examples were responses to tax collections and labor disputes.  In 1878, as today, New York and Michigan are generally regarded as northern states.  Other Representatives related similar troubles all across the country.  The problem was national in scope.

In the Senate the debate continued.  Senator Benjamin Hill of Georgia remarked, “A posse comitatus is a wholly different thing from an army; it is different in every respect from an army…”  7 Cong. Rec. 4246.  He continued, “it never was lawful, it never shall be lawful, to employ the army as a posse comitatus until you destroy the distinction between civil power and the military power in this country.”  Id. 

As the PCA is a criminal law and given the federal Empire’s love of prosecuting any and everything, one would expect numerous cases under the PCA over the past century or so.  One would be mistaken.  There has never been one single case brought against anyone under the PCA.  This may be due to the fact that the most likely suspects are government officials.  They don’t like to go after their own.  Honor among thieves you know.

The closest semblance of judicial review of the PCA has been in the form of indirect rulings in cases involving other crimes.  Defendants have asserted, as a defense, an alleged violation of the PCA by government officials executing some duty (such as drug enforcement).  This defense universally fails.  I will not bore my audience with any particular cases, though they date from at least 1975 and continue into this Century.

Oddly, I, the great authority on this matter, was once threatened with the potential of facing a PCA violation!  Yes, yours truly, Perrin Lovett.  It all stemmed from one of those lovely anti-family law cases of which I have previously expounded: https://perrinlovett.wordpress.com/2013/02/09/anti-family-law/.  I believe it was a custody dispute. 

Anyway, the defendant was a member of the U.S. Army stationed at Camp Zama in Japan.  Thus, I was tasked with the trouble of perfecting International legal service of process which is not necessarily the easiest thing to do.  I decided to circumvent technicalities by having the defendant simply acknowledge he had received my petition.  Not having an exact address for him, I contacted several offices at the Camp in an attempt to solicit their help in the matter.  The Provost Marshall’s office quickly told me they could not assist with serving a civil lawsuit without running afoul of the PCA.  They actually said that; you know, from the history given here, this type of situation was not within the original intention of Congress.  I pointed out that I was not asking for such, just for friendly information.  As luck would have it, I located the defendant on my own and the case went forward.  As usual, no-one was happy.  Correction: I am happy to have avoided being the only PCA prosecution in history.

Back to reality.  There have been cases innumerable of the military becoming involved in civil law enforcement – from the “war” on drugs to the massacre at Waco, to the Wounded Knee massacre, to the hunt for the D.C. snipers, etcetera, ad nauseum.  Why then, have there been no criminal cases arising from the incidents?

The answer lies in the actions of both the Executive branch and, especially, with Congress.  Exception after exception to the PCA have been enacted over the long years.  Congress has all but rendered the PCA a dead letter to the point the Act is useless for its intended purpose.  

It is somewhat interesting that, having taken the teeth away, Congress has not fully repealed the PCA.  This may be because federal laws never die, they linger forever, used or not.  Amazingly, as recently as 2005, the 107th Congress reaffirmed the spirit of the PCA, literally, but not meaningfully.  “The Congress reaffirms the continued importance of …[the PCA] … and it is the sense of Congress that nothing in this Act [H.R. 5005 – creating the Department of Homeland Security] should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.”  H.R. 5005 § 780(a) – (b). 

The Homeland Security debacle … Act … followed the Patriot Act and decades of “war” on drugs, crime, and your freedom.  Various National Defense Authorization Acts have followed.  The result has been the complete decimation of the PCA.  President Bush (No. 43) and his successor, Barack Obama, have made clear their intention to use the military whenever necessary, wherever needed, to keep us safe, of course.  Obama even claims he can use military weapons to kill without Due Process.  The protests against his claim are less than deafening.  I protest!

I have some suggestions for changes and improvements to restore the vitality of the PCA.  This is one of the few instances where you will ever hear me call for a new or continued statute.  In the name of freedom, Congress should amend the PCA first to kill all of the previous exemptions.  Second, they should specify that the law only applies to those members of the federal, state, or local governments who would dare to use federal military force to accomplish civil law enforcement of any kind; they could define a violation as an act of government employee-specific treason. 

The punishment could be expanded accordingly.  Perhaps the original punishment might be appropriate in minor cases.  Others, such as those which involve the mass killing of American citizens could be made capital felonies.  Congress has the Constitutional authority to also limit the review of any conviction from any court – including the Supreme Court; thus, when a high official (an attorney general for example) orders Army tanks to drive into a church and burn the worshippers within alive, that official could be convicted under the PCA and immediately hanged in public.  This might serve as a warning to future would-be tyrants. 

Again, this is only a suggestion.  I do not relish the idea of killing even to avenge killing.  I reconsider, reluctantly, when the dread act(s) have the potential of continuing against all of the free people.

This leads me back to my article on drones picking off the voting, tax-suffering public, https://perrinlovett.wordpress.com/2013/02/15/droning-on-and-on/.  A President, already forbidden to use military drones against domestic targets (his already unConstitutional Orders overridden by my proposed law) might think twice about defying the law if he knew the gallows awaited his defiance.

The issues raised herein may likely lead to other related articles.  All of which concern you and those you hold dear.  It is your freedom, security, and happiness that drives me to raise the alarm – the same alarm raised by the Founders and the forgotten members of the forty-fifth Congress.  Bless their wisdom and fore-sighted concern.

Droning On and On

15 Friday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 7 Comments

Tags

Afghanistan, Americans, Amerika, Ares, Chris Dorner, Congress, Constitution, Courts, crimes, Declaration of War, drones, due process, equal protection, executive order, FAA, freedom, George Bush, Hitler, Iraq, Jacobin, Jimmy Carter, lies, military, murder, neo-cons, New York Times, Obama, polce state, Posse Comitatus, Rand Paul, Ron Paul, terrorism, tyranny, Waco, War, White House, World Trade Center, Yemen

Suddenly, in the midst of the deprivations of the Imperial police state, a controversy has arisen!  I imagine it will die down (literally perhaps).  The same neo-con nuts who gleefully embraced preemptive war, torture, and summary execution of “fara-ners” with rabid, Ares-worshipping lust have suddenly found a reason to be concerned about similar tactics.  Apparently, these Jacobin decepticons were previously unaware of the prolific and deadly use of armed, un-maned drones in the War on Freedo..er..Terror. 

Now there is a great uproar over President Sotoro’s claim, cleared legally by the Just-Us department, unopposed by the loyal and useless opposition in Congress, and unaddressed by Federal Courts, to have the unilateral authority to kill any American citizen by drone strike anywhere, at any time, and for any reason or for no reason. 

You may recall the Obama’s warning to his daughter’s potential suitors: “I have two words for you — predator drones.”  See the Emperor in action here: http://www.youtube.com/watch?v=WWKG6ZmgAX4. We all laughed.  Hahahahuuuuuh….  The man was serious it seems.  Now it appears that these flying hunter-killers are intended to quell any Amerikans out of line, not merely stupid teenage boys who hit on the wrong girls.

By Executive Order (an act of Congress without an act of Congress) the President has established a “kill list” of suspects, terrorists, others (political dissenters??), the occupants of which may be targeted for death by Hellfire missile at the President’s individual whim.  Hitler is probably kicking himself in hell for not thinking of something similar.  Americans are not exempted from the list.  No need to trouble a grand jury, the police, or the Courts!  No need for antiquated concepts like Due Process or Equal Protection.  Just press a button and … BOOM!  Problem solved.  All of this takes place in secret as to protect us serfs.

The New york Times has warned that 1600 Pennsylvania Avenue may be engaging in a “‘Whac-A-Mole’ approach to counterterrorism”  (http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html?pagewanted=all&_r=0).  Makes you feel all warm and fuzzy, does it not?  Silly old Jimmy Carter was laughed at for once stating he sought nuclear policy advice from his daughter.  Now we have a deadly serious policy operating on the principles of a carnival game. 

predator-firing-missile4

(This thing may be coming for you, Amerika.  Source – Google Images, fair use.)

Many ordinary citizens, when confronted with such awful reality often retort, “It can’t happen here!”  Sadly, while not necessarily occurring on American soil, it has already happened to three Americans overseas.  Samir Khan and Anwar al-Awlaki along with Awlaki’s 16-year-old son were blasted by a missile from a drone. (http://usnews.nbcnews.com/_news/2013/02/05/16856963-american-drone-deaths-highlight-controversy?lite).  These individuals were allegedly involved in some sort of terrorist activity in Yemen.  Details are scarce in this case, absent altogether really.  Per the President’s Order the public (and Congress, etc.) need not know any reasons behind such actions.  Tyrants usually do not to explain themselves.

This is the current poster case of drone abuse.  Considering the government goes to extraordinary lengths to keep its criminal activities secret, there may be other incidents of extra-legal drone killings (murder).  I have friends in and out of the legal community who defend such actions as warranted under the “War” on terror.  Can you recall when Congress declared war on terror?  They did not.  They did authorize President Bush to use force in Iraq and Afghanistan based on numerous lies concocted by the previous administration.  I suppose this “War” extends to Yemen and, now, world-wide.  The most Honorable Ron Paul objected to this carte blanche authority and urged his lower-IQ colleagues in the House to consider a Declaration of War, as mandated by the Constitution.  Remember the Constitution?  Congress has not declared war since 1941 and probably never will again.  Rules are so hard to follow; sworn oaths be damned.

Reports have been issued that these mechanical terror birds are currently in use over the good old U.S.A. for domestic surveillance purposes.  The details, again, are scant at best.  A rumour floated around the newsrooms that drones were used to hunt accused criminal Christopher Dorner in California.  Is it possible the fire which killed Dorner might have been started by a warhead detonation rather than the (constantly shifting) reasons given by the authorities involved in the case?  Dorner was described as a “domestic terrorist” after all by L.A. Police Chief Charlie Beck.  (http://www.usatoday.com/story/news/nation/2013/02/10/ex-cop-manhunt-continues/1906999/).  Perhaps Beck made a phone call to the White House.  I speculate wildly and perhaps without cause.

On Wednesday the Federal Aviation Administration assured the shepple that there will never be any armed drones over Amerikan soil.  See here: http://www.washingtontimes.com/news/2013/feb/13/faa-official-no-armed-drones-us/.  Some, like Kentucky Senator, Rand Paul, Dr. Ron Paul’s son, fear the President might someday use armed drones to kill more citizens here at home.  Now we know we are safe – the government told us so.  This would be the same government that told us income tax withholding would cease just as soon as Hitler and Tojo were licked.  The same government that told us about the great naval battle in the Gulf of Token, the evil of the Waco TX Seventh Day Adventists, and the collapse of World Trade Center Number 7.  We have nothing to worry about!  Really!

I can sense, telepathically, that you don’t believe this latest lie.  You may recall that on the same day they “pulled” WTC No. 7, the FAA temporarily lost control of the nation’s airspace to the Imperial military.  Your flights were cancelled and all.  It’s the same military that will dispatch the armed drones to engage all of you “domestic tarr-ists” whether the FAA likes it or not.  The FAA answers to Little Barry and when (if) he tells them to step aside, they will without a word of protest.

A long, long time ago, back when America more resembled a free country, Congress took up the subject of lower tech military threats against Americans in America.  The result was the Posse Comitatus Act, which prohibited the use of military troops or assets in domestic law enforcement.  For years this law sat on a shelf in Washington until it was completely covered with dust.  By strange chance a night cleaning crew uncovered it while trying to tidy up after Watergate.  The law was promptly re-addressed by the Congress and essentially nullified.  It’s still on the books though it has never been used – ever.  Rarely does a federal law go unused.  I am (or was) an expert on this little gem of legal security and you can look for a near future discussion of the same at this site. 

There are many potential solutions to this quandary: impeachment, nullification, Congressional oversight, etc.  You can (and should) write your representative in Mordor to recommend and demand such action; do not expect results.  Reinvigorating and strengthening (and applying) the Posse Comitatus Act might be a way to solve the neo-cons’ worries.  Oh, I almost forgot about them.  They do tend to be annoyingly forgettable, don’t they?  I think their concern stems from the party association of this particular President rather than his policies. 

The ever-wafting neo-fascists were enthusiastic, as noted above, when a Republican president used similar heavy handed measures.  “D” and “R” convey tremendous power.  Last year, as in 2008, the RepunliCONS had a good chance to stand behind a man who would have never allowed such atrocities to befall the American people.  At the time, though, the nuts declared Dr. Ron Paul to be an isolationist and a wachco.  Would they agree now that a wacho beats a dictator?

Perrin Lovett

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