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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: Maryland

The US is Ruled Over by Satanic Evil

15 Tuesday Mar 2022

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

≈ Comments Off on The US is Ruled Over by Satanic Evil

Tags

evil, killing babies, Maryland, Nazis, Ukraine, USSA

I’ve already drafted up a nice little column for this week – see it here tomorrow. However, either or both of the following matters could easily make an extended columnar appearance ere the week passes. Look for them on the PPN at any rate.

Tomorrow, fake president and real drag queen and neo-nazi, V. Zelenskyy will address the Kongress of the Satanic States of Amerika. The “Ds” and “Rs” couldn’t be happier. I assume that Ze will take the fake news narrative from 10 to 100+. If I were a man named Putin, I would seriously look at stopping the transmission.

Kongress is the perfect place for Ze though. A place where the wicked retards open sessions with prayers to demons (Amen and AWOMAN!), is about right for his kind. DC is also fitting, in part because it borders on Maryland, formerly an American state. Today, state senator William Smith is pushing a law to allow “pregnant persons” to murder babies up to 28 days after the “persons who may be murdered up to 28 days after birth” are born. It’s Bill 669. Get Tom Hanks to knock on it – like in that scene from The Burbs – and let the nine turn properly upside-down.

It all fits. Here follows an RT story about the brave Ukranazis the shitheads in the WereWest stand with, support, allow to speak in Kongress, pray to Moloch for, send illicit weapons, and probably think about when they masturbate. Apologies to RT, but it’s a little difficult to access your English site due to all the exceptional, propositional, rules-based, free and democratic censorship floating around the ole USSA; I run it in its entirety.

****

TV presenter calls for killing children, quotes Nazi war criminal

Ukrainian TV host uses Adolf Eichmann quote to advocate genocide of Russians and killing their children
TV presenter calls for killing children, quotes Nazi war criminal
Channel 24 presenter Fakhrudin Sharafmal cites Nazi official Eichmann, March 14, 2022 ©  Twitter/screenshot

Quoting Nazi war criminal Adolf Eichmann, Ukrainian TV presenter Fahruddin Sharafmal called for his countrymen to destroy the Russian nation by killing their children, and urged Ukrainians to “kill at least one Moskal” – a derogatory term for Russian – each.

Video of Sharafmal’s appearance on a Channel 24 morning show went viral on Tuesday, though it was captioned “day 17 of Russo-Ukrainian war,” which would have dated it on on Sunday. Saying he was getting emotional because a good friend of his had been killed, Sharafmal launched into a call for genocide by quoting the notorious SS officer.

“I allow myself to quote Adolf Eichmann, who said that in order to destroy a nation, you must destroy, first of all, its children. Because if you kill their parents, the children will grow up and take revenge. By killing children – they will never grow up and the nation will disappear,” he said, while a photo of Eichmann appeared on the screen.

Eichmann was a senior SS officer who played a key role in setting up the Nazi death camps during WWII. Despite fleeing to Latin America, he was caught and tried in Israel in 1960 and sentenced to death for his war crimes.

While the Geneva Convention prohibited Ukrainian soldiers from killing children, Sharafmal continued, he is not bound by it. “And when I get the chance to take out the Russians, I will definitely do it. Since you call me a Nazi, I adhere to the doctrine of Adolf Eichmann, and I will do everything in my power to ensure that you and your children never live on this earth,” he added.

“You have to understand that it’s about the victory of the Ukrainian people, not about peace. We need victory. And if we have to slaughter all your families – I’ll be one of the first to do it,” Sharafmal said. “And hope that there will never be such a nation as Russia and the Russians on this earth again.”

“If the Ukrainians have the opportunity, which they are basically doing right now, to destroy, to slaughter, to kill, to strangle the Moskals, I hope that everyone contributes and kills at least one Moskal,” he concluded.

The background behind Sharafmal showed the phrase “Russian warship, f*** off,” in Ukrainian – the words allegedly said by the troops on Snake Island that Kiev claimed had died heroically, before they all turned up alive, having surrendered to the Russian navy.

Channel 24 is based in Kiev, but it’s owned by the TRK Lux media conglomerate, reportedly controlled by Kateryna Kit-Sadova and her husband Andrey, the mayor of Lvov in western Ukraine.

***

The observant observer will note that, yes, the same idiots who have been calling anyone to the right of Harvey Milk “Nazis” are now, in fact, head over heels in lust with literal nazis. These nazis, just like Maryland senators, want to kill off a nation’s children. This is, and Eichmann summed it up very well, why the luciferians always go after the children. In addition to making little sacrifices to their dark god, it is the way to destroy a nation. In the USSA, it explains why we have allowed the murder of 70 million “persons who are murdered before birth” since 1973, why big families (maybe all families) are a thing of the past, and why White Heritage Americans are simply vanishing.

Ukranazi Sharafmal (odd name for a Slav, eh?) left off the hard fact that he and his friends are not merely theorizing about killing the Russian children and people. They have been actively doing it for the last eight damned years!

USians and other fools, sure, stand with this. It really is you in a black mirror.

Saint Michael sharpens his sword.

A Maryland Public Middle “School” Has a Problem

12 Tuesday Jun 2018

Posted by perrinlovett in News and Notes

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Tags

#ShoeControl, culture, decline, education, gun control, immigration, Maryland, MS-13, schools, society

Some are blaming this on MS-13:

Gang-related fights are now a near-daily occurrence at Wirt, where a small group of suspected MS-13 members at the overwhelmingly Hispanic school in Prince George’s County throw gang signs, sell drugs, draw gang graffiti and aggressively recruit students recently arrived from Central America, according to more than two dozen teachers, parents and students. Most of those interviewed asked not to be identified for fear of losing their jobs or being targeted by MS-13.

Although administrators deny Wirt has a gang problem, the situation inside the aging, overcrowded building has left some teachers so afraid that they refuse to be alone with their students. Many said they had repeatedly reported incidents involving suspected gang members to administrators, only to be ignored — claims supported by documents obtained by The Washington Post.

“Teachers feel threatened but aren’t backed up. Students feel threatened but aren’t protected,” one educator said. “The school is a ticking time bomb.”

The gang’s presence at Wirt comes at a time when the Trump administration has declared war on MS-13, and communities throughout the country are confronting a surge in MS-13-related violence.

Nearly a dozen parents told The Post that they were worried about gang activity at the school, which is 10 miles from the White House. Many said they were intent on transferring their kids. Several said they were scared their children would be killed.

The blame may be a little misplaced, methinks. I looked into this story.

The problem at William Wirt Middle “School” is not:

A culture decayed to the point of collapse;

Incompatible immigration (can’t really call it “policy” anymore);

MS-13;

Any other gang;

Gang violence;

The brewing race war;

Guns or the NRA (Young Hogg would have blocked the local dairy aisle if that was it);

Rapes, drugs, or fights;

The moldy, leaky building;

The 8% math proficiency rate;

The 20% reading proficiency (better than Detroit!);

The total failure of a “school” that should be closed;

The failure of a “school” system that spends close to 50% more per student than the national average;

The total failure of the police; and

Most certainly not the failings of any particular individual students (civilized behavior is, like education, so yesterday).

The real problem, which I have identified following hours of research, is:

THE NIKE CORTEZ.

Who, police and the military aside, needs such a dangerous assault shoe with hi-capacity laces and “bump” soles? This is not the footwear the Founders had in mind. No hunter wears them. You’re 285,000 times more likely to be killed in your own shoes than to use them to outrun a perp. Sweden made the Cortez illegal in 1979.

Ban them!

#ShoeControl! #NotAnimals #PublicSkoolz

nimbus-image-1528822626834

How many children? Nike.

*I wasn’t sure, am still not sure, if this one was education or 2A related. Maybe both. Is what it is.

We Shall Never Overcome

04 Friday Aug 2017

Posted by perrinlovett in Other Columns

≈ Comments Off on We Shall Never Overcome

Tags

America, culture, history, idiocy, Maryland

Seems the Civil War just won’t go away.

In Maryland the problem isn’t the crime, the unemployment, the illiteracy, the illegitimacy, or the false sense of entitlement. No, it’s a 17th Century Coat of Arms.

“When the General Assembly in 1904 adopted a banner of this design as the state flag, a link was forged between modern-day Maryland and the very earliest chapter of the proprietorship of the Calvert family.”

But the red and white part of the flag, known as the Crossland arms, was also the design flown by Marylanders who sympathized with the South in the Civil War, according to state records.

“During the war, Maryland-born Confederate soldiers used both the red-and-white colors and the cross bottony design from the Crossland quadrants of the Calvert coat of arms as a unique way of identifying their place of birth,” the records say. “Pins in the cross bottony shape were worn on uniforms, and the headquarters flag of the Maryland-born Confederate general Bradley T. Johnson was a red cross bottony on a white field.”

During the slow process of reconciliation after the Civil War ended in Union victory in 1865, a “flag incorporating alternating quadrants of the Calvert and Crossland colors began appearing at public events” in the state.

By extension of this “logic” all state flags are Confederate in nature – all states share the same hemisphere with those former CSA states once in rebellion…

Better tear down some monuments. Riot or something. Blame someone.

nimbus-image-1501775813989

This is “racist.”

Seeing as how so many are obviously unhappy in 21st Century America, maybe it’s time they depart. To anywhere.

Swabbing The Fourth Amendment

04 Tuesday Jun 2013

Posted by perrinlovett in Legal/Political Columns

≈ 4 Comments

Tags

Alito, Amerika, Antonin Scalia, Breyer, Constitution, crime, DNA, evidence, Fifith Amendment, Founders, Fourth Amendment, Ginsburg, government, Hagan, innocence, justice, Kennedy, King George, law, Liberty, Maryland, police state, Roberts, searches, slippery slope, Sotomayor, Supreme Court, The People, Thomas, Virginia Declaration of Rights

Yesterday, June 3, 2013, the Supreme Court neatly planted new, green sod over the grave of the late Fourth Amendment.  In Maryland v. King, 569 U.S. ___, Slip Op. No. 12-207 (June 3, 2013), the Court held, 5 – 4, obtaining DNA samples from criminal suspects via oral swabbing in permissible under the Fourth Amendment.  The high priests of the Temple of “Justice” divined the procedure analogous to fingerprinting and photographing.

The growth of government power knows no bounds; the ruling itself was not a surprise.  The nature of the close vote was, itself, of slight interest.  The opinion was penned by Justice Anthony “Swing Man” Kennedy.  Joining him were the arch-“conservative” trio of Chief Justice Roberts, Justice Alito, and Justice Thomas.  “Liberal” milk toast Justice Breyer joined in for grins and giggles.

Standing firm for the Constitution and Liberty were the Court’s three Divas, Ginsburg, Sotomayor, and Kagan.  The ladies backed the dissent of Antonin Scalia, the originalists’ originalist and the only Justice usually worth reading or quoting.  Scalia read his dissent aloud in Court.  I’ll examine that dissent in a second.

antonin_scalia-photograph1

(Putting the “justice” in Justice.  Google.)

First, in all fairness, let me paraphrase the majority opinion for you: The government can (as always) do whatever the hell it wants.  Good enough?  Good.

Scalia began: “The Fourth Amendment forbids searching a person for evidence of a crime when there is no basis for believing the person is guilty of the crime or is in possession of incriminating evidence.”  Maryland v. King, supra, at Slip. Op. Scalia Dissent 1.  Citing the Virgina Declaration of Rights, § 10 (1776), Scalia recalled the Founder’s distrust and hatred for “general warrants” whereby persons were searched by the King’s agents without regard to evidence or suspicion.  These warrants were, rightly, considered “grievous and oppressive…”  Id, at Scalia 2.

Like most of the Bill or Rights, the Fourth Amendment has been under continual assault from an ever-growing list of “exceptions.”  Scalia notes these, including suspicionless searches in public prisons…er…schools, but notes that they all (purportedly) derive from some extra-law enforcement need of society.  He goes on to detail how the DNA swabs are intended only for general law enforcement purposes – for the gathering of evidence of criminal wrongdoing.  Id, at 3 -4.

As usual Scalia blasts the majority with its own lame arguments: “The Court hastens to clarify that it does not mean to approve invasive surgery on arrestees or warrantless searches of their homes.  [Internal Cite].  That the Court feels the need to disclaim these consequences is as damning a criticism of its suspicionless-search regime as any I can muster.” Id, at 4.  “Sensing (correctly) that it needs more, the Court elaborates at length the ways that the search here served the special purpose of ‘identifying’ King.  But that seems to me quite wrong – unless what one means by ‘identifying’ someone is ‘searching for evidence that he has committed crimes unrelated to the crime of his arrest.'”  Id, at 5.

The process of “identifying” Mr. King by his DNA took many, many months.  During that time King moved through many stages of the court process on his original charges.  Maryland knew, without a doubt, who they were dealing with.  The DNA was unnecessary for identification; rather, it was critical for a fishing expedition aimed at discovering other potential crimes also committed by King.  This is an affront to both the Fourth and the Fifth Amendments.  By the way, for viewing purposes, the Fifth is buried conveniently next to the Fourth at Constitutional Memorial Gardens.

“King was not identified by his association with the sample; rather, the sample was identified by its association with King. The Court effectively destroys its own ‘identification’ theory when it acknowledges that the object of this search was ‘to see what [was] already known about [King].'”  Id, at 9.  Both the Governor and the Attorney General of Maryland are on record praising DNA collection, not as a suspect identification, but as one designed to fight unsolved crimes.

Scalia knocked the assertion that DNA swabbing is no different, Fourth Amendment wise, than fingerprinting: “The Court asserts that the taking of fingerprints was constitutional for generations prior to the introduction’ of the FBI’s rapid computer-matching system.  This bold assertion is bereft of citation to authority because there is none for it.  The great expansion in fingerprinting came before the modern era of Fourth Amendment jurisprudence, and so we were never asked to decide the legitimacy of the practice.”  Id, at 15.   

I love the following quote: “Solving unsolved crimes is a noble objective, but it occupies a lower place in the American pantheon of noble objectives than the protection of our people from suspicionless law-enforcement searches. The Fourth Amendment must prevail.”  Id, at 17.  Sadly, it did not prevail.

The following is also memorable and, in Scalia’s estimate, “most regrettable”: “All parties concede that it would have been entirely permissible, as far as the Fourth Amendment is concerned, for Maryland to take a sample of King’s DNA as a consequence of his conviction for second-degree assault. So the ironic result of the Court’s error is this: The only arrestees to whom the outcome here will ever make a difference are those who have been acquitted (so that their DNA could not have been taken upon conviction).  In other words, this Act manages to burden uniquely the sole group for whom the Fourth Amendment’s protections ought to be most jealously guarded: people who are innocent of the State’s accusations.”  Id, at 18. 

Classic Scalia: “I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.  I therefore dissent…”  Id, at 18.

DNA%20swab%20for%20web

(Say Ahhhhhh…for the children and such.  Google.)

This ruling pushes us all a bit further down the slippery slope of the modern Amerikan police state.  Scalia noted as much: “Searching every lawfully stopped car, for example, might turn up information about unsolved crimes the driver had committed…”  Id, at 5.  The King case concerned (nominally) serious cases, felonies.  However, the next time you’re stopped for speeding or blowing through a stop sign, don’t be surprised if the officer demands you open your mouth for a good old swabbing.  “If one believes that DNA will ‘identify’ someone arrested for assault, he must believe that it will ‘identify’ someone arrested for a traffic offense.”  Id, at 17.  It’s all for the children or something, you know…

Posse Comitatus

20 Wednesday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 25 Comments

Tags

"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.

Perrin Lovett

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