02 Tuesday Oct 2018
Posted in Legal/Political Columns
≈ Comments Off on Non Aiuta il Nemico
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aiding and abetting, crime, immigration, invasion, Italy, law, treason
An Italian criminal politician found out how serious the new leadership is about preserving civilization.
The mayor of a small town in southern Italy that became a model for immigrant integration was placed under house arrest Tuesday for allegedly aiding illegal immigration, a move that brought a well-spring of support for the mayor.
Salvini has his law. We have 8 U.S.C. § 1324. Time to use it.
28 Friday Sep 2018
Posted in Legal/Political Columns
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Today, not Grahamnasty. When did he come back? That and more in today’s PNW:
20 Thursday Sep 2018
Posted in Legal/Political Columns
Now industry groups are pushing Congress to pass a national privacy bill that would block states from implementing their own standards.
Privacy advocates are skeptical of the industry proposals and concerned that internet giants will co-opt the process in order to get protections that are weaker than the California standard implemented across the country.
“They do not want effective oversight. They do not want regulation of their business practices, which is really urgently needed,” Jeff Chester, the executive director of the Center for Digital Democracy (CDD), told The Hill. “They’re going to work behind the scenes to shape legislation that will not protect Americans from having all of their information regularly gathered and used by these digital giants.”
“They see federal law as an opportunity to preempt stronger rules,” he added.
Next week, executives from Google, Apple, AT&T and other major technology and telecommunications companies will testify before the Senate Commerce Committee as the panel’s Republican chairman, Sen. John Thune (S.D.), prepares to introduce a new privacy law.
I noted this potential probability back in April in a TPC column:
His other motive was the afore-mentioned collusion. A dirty little secret of the political world is that large corporations are absolutely, head over heels, in love with government regulation. State mandates price out competition, prevent startup challenges, foster monopolies, and raise profits. One of “your” political heroes hinted around this fact; Zuck nodded along sheepishly.
And preempt stronger rules. One will note that its the giant tech companies that are invited to speak to Congress, the same companies with a history of privacy violation, spying, and selling to the highest bidder. I imagine the law, as they want it, is already drafted. Just a matter of bribes now.
12 Wednesday Sep 2018
Posted in Legal/Political Columns
The Fake News “Resistance” now, after decades of atrophy, seeks to protect the Constitution. Or something. Whatever it is, they’re aiming to protect against The Trump. Oddly, said Trump is the last vestige of hope for possibly restoring any semblance of Constitutional order. If he fails, then it’s over and we might as well let it go. “It” being the old Republic, now more of memory than an institution.
Trump. Trump. Trump. Russia. Russia. Russia. Fake news, impeachment, and indictment.
My old friend, Ken Starr says a sitting President can, in fact, be indicted for crimes.
“I think the president can be indicted,” said Starr, who led the investigation into former President Bill Clinton‘s sexual misconduct with Monica Lewinsky. “But that is not the position of the Justice Department traditionally.”
“The basic point is we do not have an authoritative resolution on the issue,” he said, noting it “cannot happen, as I see it, under Justice Department policy that’s enforceable on [Special Counsel] Bob Mueller.”
“No one is above the law,” he said. “And so in my judgment the president can in fact be indicted.”
I respect my friend’s learned judgment – as to his theory. But he seems a little caught up in the past. We are in a new and different place, legally. He’s probably correct – in theory – the president could be indicted.
However, a sitting president could now use (“legally”) something like the following to preempt any criminal proceeding:
Paper indictments do not stop AGM-114’s. NRO.
Do you like the new legal/political landscape? You know, if we’re honest, you voted yourselves into this imperial place. Pleased? If not, then say five “Hail Constitutions,” go forth, and vote no more, my children.
That, or hope Trump has a cool head and an iron constitution (not one of paper). Trust the plan?
05 Wednesday Sep 2018
Posted in Legal/Political Columns
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You’re here because you like being ahead of the curve. Always. Years ahead. Almost. Sometimes…
For instance:
Nullification and Secession: Solutions or Talking Points?
An excellent legal treatise by James Ronald Kennedy, Sept. 3, 2018.
-or-
Interposition, Nullification, and Secession, Perrin, Fed. 25, 2013.
I’m more than happy when people pile on … even five and a half years behind…
Seriously – a great work – read Kennedy’s piece:
I belong to the tribe that believes nullification and secession are the only real solutions to the current out of control supreme federal government. To demonstrate the validity of my belief, I will pose and answer three fundamental questions: (1) Are the concepts of state nullification and secession legitimate American political principles? (2) Is the current supreme federal government a legitimate governing authority? and (3) Would the modern-day acceptance of state nullification and secession be so unworkable that it would destroy the United States?
Lincoln answered the first question—whether state secession is a constitutional right—with a firm negative and enforced his opinion with legions of bloody bayonets. But Lincoln (1861) was not one of America’s (1776) founding fathers; therefore, his opinion pales to insignificance when compared to the actual words of the founding fathers. Even the High Federalist Alexander Hamilton was forced to admit that the Sovereign States had the right to protect their citizens from an abusive federal government:
…
Are these (and interposition) really viable solutions? Who knows? But it’s great to further the consideration and debate.
22 Wednesday Aug 2018
Posted in Legal/Political Columns, News and Notes
Michael Cohen’s plea agreement (which oddly does not mention “Russia” even once):
And, in a somewhat related article, the WSJ editorial staff reminds the “free and independent” media that they might want to actually act free and independent:
“Journalists who don’t like what the president has said about the press might want to start behaving like objective reporters instead of liberal political activists.”
That just might help.
21 Tuesday Aug 2018
Posted in Legal/Political Columns
≈ Comments Off on When Truth is Not Truth
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For what its worth, every honest criminal defense attorney knows exactly what Trump and Guiliani meant by their “baffling” incrimination statements. It’s true.
Exclusive: Trump worries that Mueller interview could be a ‘perjury trap’
Mueller has been known to use such tactics before. It’s his job.
Don’t talk. Even if you’re the President.
20 Monday Aug 2018
Posted in Legal/Political Columns, News and Notes
≈ Comments Off on A Lesson in Constitutional Fortitude
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More pressure for the West.
Watch and see how well constitutional protections hold up in South Africa.
White landowners prepare to flee.
And they don’t even need to “reform” the law to seize the land, they just do it – NOW.
THE South African government has begun the process of seizing land from white farmers.
Local newspaper City Press reports two game farms in the northern province of Limpopo are the first to be targeted for unilateral seizure after negotiations with the owners to purchase the properties stalled.
While the government says it intends to pay, owners Akkerland Boerdery wanted 200 million rand ($18.7 million) for the land — they’re being offered just 20 million rand ($1.87 million).
“Notice is hereby given that a terrain inspection will be held on the farms on April 5, 2018 at 10am in order to conduct an audit of the assets and a handover of the farm’s keys to the state,” a letter sent to the owners earlier this year said.
Akkerland Boerdery obtained an urgent injunction to prevent eviction until a court had ruled on the issue, but the Department of Rural Development and Land Affairs is opposing the application.
“What makes the Akkerland case unique is that they apparently were not given the opportunity to first dispute the claim in court, as the law requires,” AgriSA union spokeswoman Annelize Crosby told the paper.
Imagine that, illegal actions in defiance of the existing law. One also might wonder where all the virtuous know-it-alls of the 1980’s are now. Remember them and apartheid? They’re absent, of course, at the moment. But they will chime in, heavily, in around five years when the famine and chaos hit SA hard. Will they play Sun City???
01 Wednesday Aug 2018
Posted in Legal/Political Columns
≈ Comments Off on Mueller’s Tinfoil Hat
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We are reliably informed that any and all “conspiracy theories” are the mark of insanity. Therefore, it’s so sad to see what’s become of a once noble swamp critter:
For a look at how Special Counsel Robert Mueller could tie Russian election interference to American citizens, watch the C-word.
Not coordination or collusion, but conspiracy.
One charge in particular — conspiracy to defraud the U.S. — has cropped up in several of the Mueller team’s major cases. The allegation shows up in filings against former Trump campaign chairman Paul Manafort, as well as in indictments of Russian nationals accused earlier this month of hacking into Democratic Party organizations and election infrastructure. Conspiracy charges are significant because they’re building blocks: Once prosecutors allege a conspiracy, they can add more individuals later.
Donald Trump and his circle have long focused on a different buzzword, saying that there was no collusion with Russians, and subsequently that if there was collusion, Trump wasn’t aware of it. Now comes Trump attorney-cum-spokesman Rudy Giuliani. ”I don’t even know if that’s a crime, colluding about Russians,” Giuliani told CNN this week. Trump echoed that in a tweet: “Collusion is not a crime.”
That is at once technically correct and, according to former federal prosecutor Mimi Rocah, beside the point.
“To say there’s no crime of collusion means nothing,” said Rocah. “That label isn’t in the criminal statutes. But that doesn’t matter because the conduct that underlies collusion can be, under certain circumstances, conspiracy to defraud the U.S.”
As of yet, it is unclear which federal agency Mueller and the Russia-Gate conspirators have allegedly defrauded. Candidates include the DOJ, Congress, the Post Office, the White House, and the Treasury.
It’s also unclear how an insanity defense plays out in an enemy combatant proceeding.
Just sad…
06 Friday Jul 2018
Posted in Legal/Political Columns
≈ Comments Off on Civil Sanctuary in an Uncivil Society
Tags
2033, California, decline, invasion, law, murder, Roe v. Wade, society, Trump
As I predicted a few months ago, efforts by the Trump administration to arrest the invasion by means of civil lawsuits, continue to go nowhere. A federal judge rejected (most of) the government’s case against California and its “sanctuary” laws:
A federal judge on Thursday rejected the bulk of a Trump administration demand to block three California sanctuary laws, allowing the state to keep in place its most significant legislative measures aimed at countering President Donald Trump’s crackdown on illegal immigration.
Sacramento-based U.S. District Court Judge John Mendez rejected, for now, the Justice Department’s drive to halt a California law that limits the kinds of immigration-related information state and local law enforcement can share with federal officials. The judge also declined DOJ’s request to block another law guaranteeing California officials certain information about local and privately run jails that hold immigration detainees in the Golden State.
While the ruling is a setback for the Trump administration’s attempt to enforce immigration laws in states where leaders favor more liberal policies, Mendez did block parts of one of the disputed California laws, including provisions that banned private employers from voluntarily cooperating with immigration officials and from re-verifying the legal work status of employees.
Mendez, an appointee of President George W. Bush, took a narrow view of state and local governments’ obligations to allow their employees to assist federal immigration officials. He said California had broad authority to limit use of its resources for immigration enforcement.
“Refusing to help is not the same as impeding,” wrote Mendez.
Mendez is probably right about the refusals. And it’s good he rebuked the State’s criminal efforts to interfere with private enterprise. This really isn’t even a setback, being, in fact – as noted above, predictable. Speaking of criminal,
I’m confident there are incidents here and there where the refusals do turn to obstruction. In those cases, there is a ready remedy: 18. U. S. C. 1324. I almost tire of noting this law. Does no one in the DOJ have a copy of the USC or USCA? Maybe a direct letter to Trump is in order.
And, along with the lines of legal cracks, I couldn’t help but notice some are forming in the defense of the baby murder industry. NBC tries to reassure the hellish about their continued practices while roundaboutly admitting the failings of the cause.
Abortion will likely not be illegal in 20 states within 18 months. A new justice will certainly create a new balance on the court. Retiring Justice Anthony Kennedy was the fulcrum, now Chief Justice John Roberts is the median vote. But Roe will not be overturned just because there may be a new conservative majority on the court after President Donald Trump, who is set to announce his nominee on Monday, replaces Kennedy.
There are arguments for overturning Roe v. Wade. It was decided in 1973 on a shaky justification: The privacy right to an abortion does not explicitly appear in the Constitution, but it essentially radiates from the glow (the “penumbra”) of its text. Controversial when it was decided, the reasoning in Roe remains as controversial today.
In law schools, they actually teach that to properly read the Constitutional justification for things like Roe, one needs to wear x-ray goggles. Really. Maybe one should shoot up some drain cleaner too.
It’s not shaky, it’s just wrong. If the authority isn’t specifically granted the US, via the Old Parchment, then it is necessarily reserved to the States or to the People. “Liberty interests” were understood and defined in 1787 and they did not include any right to commit murder.
It’s a little funny and a little telling that they don’t even bother addressing the other justification – the allegedly inconclusive medical science part. That was specious at best 45 years ago. Today it’s a dead letter. Dead enough to kill the stare decisis surrounding this modern day Dred Scott.
Not that most care. Most wouldn’t even know what I’m talking about here if they could be diverted for a second from the potato chips and televisions. Some are too concerned about not separating a few thousand children, already separated by their criminal parents, to care about the killing of millions of other children. “Eff them.” Right? Yet others are too busy protesting other aspects of civil society while feigning self-serving outrage about this, that, and the other useless thing. Others … you get the point.
Tick, tick, tick.
2033
PERRIN LOVETT 
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