Category Archives: law

An Alternative Choice

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President Donald Trump (R) is considering settling his $10 billion lawsuit against the IRS over that agency’s illegal (and politically motivated, I say) leak of his tax data to the New York Times. His thought is to send the proceeds to charity.

I have an alternative thought. Require, under the terms of the settlement, the IRS to send the settlement funds to the 401(c)(3) NGOs that it had blocked from certification or whose certifications it had slow-walked. Or, require the IRS to agree to allow Trump to spread the settlement funds across those entities in the IRS’ name.

Sometimes poetic justice also is legitimate justice.

Progressive-Democratic Party Lawlessness

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A typical example of this is taking hold in Virginia, a Blue State (for all that it had a successful Republican governor for one term) going even Bluer. As soon as the State’s Progressive-Democrat governor, Abigail Spanberger, took office, her Party cronies, who have majorities in both houses of the State legislature, have begun pushing laws that functionally excuse violent criminals.

House Bill 863 includes proposals to effectively eliminate minimum sentencing for manslaughter, rape, possession and distribution of child pornography, assaulting a law enforcement officer, and other repeat violent felonies.

This is how Progressive-Democrats act out their disrespect for law and for law enforcement.

What’s on tap for the State’s next legislative session? Removing jail terms altogether and sending social workers to talk to rapists about inappropriate behavior toward women? Sending pediatricians to talk to child pornographers about how to better interact with children? Defund all of the State’s police departments—after all, if there are no police, there can be no assaults on police? Eliminating the crime of manslaughter, that being just the unfortunate outcome of a loud argument?

Progressive-Democrat Delegate Rae Cousins, the bill’s sponsor, has rationalized his bill:

This change would give the experienced judges in our communities more discretion to make decisions based on the unique facts of each case.

Okay. How about, instead, giving experienced judges more discretion to make decisions based on the unique facts of each case by removing the upper bounds of sentencing for these crimes while keeping the lower bounds?

What’s the Deal with Little Liam?

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Recall that little Liam Ramos was seized and held by ICE agents a few days ago. Or at least that’s the narrative an intrinsically dishonest “news” media has been peddling. Some facts, though, are coming to light despite the best efforts of the core of that guild, courtesy of some few news writers who have different ideas regarding reporting news.

The Department of Homeland Security said ICE was conducting an operation to arrest Liam’s father, who the department said was in the country illegally, when the father fled and left Liam alone in a vehicle.

This is a little boy’s father abandoning his son in his own attempt to escape to continue violating US laws.

And

Agency spokeswoman Tricia McLaughlin said an officer stayed with Liam while others apprehended his father.

Making sure the little boy wasn’t just left to wander.

Then,

Officers made several attempts to get his mother, who was inside the house, to take custody of him, saying she wouldn’t be detained if she did so, McLaughlin said.

Several attempts. Because the little boy’s mother was more worried about her own neck than she was about her son. Today, both the little boy and the man who may be his biological father but who has in no way acted in that role are being held in a Texas facility that’s set up to handle both adults and children. The boy is there because, ultimately, his biological mother refused to take him, despite those repeated ICE attempts.

Keep in mind that ICE is the agency that took care of a little boy who’d just been deserted by his parents and which a leading Minnesota candidate for the US Senate, along with incumbent Congressional Progressive-Democrats, want to completely defund and abolish.

This is how little Progressive-Democrats and their Leftist supporters—all of whom have become mainstream left, no longer being an extremist fringe—care about facts. This is how little those folks care about a little boy, all of five years old, mind you, who was deserted by his parents.

“That’s Unconstitutional”

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Many politicians, primarily but not exclusively of the Progressive-Democratic Party, when they decry the actions of President Donald Trump (R) loudly declaim that whatever it is that he’s doing is “unconstitutional.”

It’s instructive that these worthies usually omit to cite the clause of our Constitution that’s supposedly being violated, but when they do cite something, they center their claim on the 10th Amendment.

Here is what that Amendment says:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article I, Section 10, lays out specific powers prohibited to the States:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Included in the powers not delegated is this one from Article II, Section 3:

…he shall take Care that the Laws be faithfully executed….

Here is what the Supremacy Clause of our Constitution says, from Article VI:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

There is nothing in the supreme Law of the Land  that has been delegated to the States or to the people. That supremacy has been retained by the Federal government, and that supremacy includes actions of Federal law enforcement agencies and their personnel in the course of their enforcement of Federal laws in Progressive-Democrat-run “sanctuary” jurisdictions; the latter’s protestations to the contrary are irrelevant.

No part of a President’s authority or obligation to enforce the Laws are reserved to the States. Nor does the 10th Amendment’s delegations include any State-level authority to block or otherwise interfere with Federal law enforcement actions.

Lost in the Reporting

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Or, perhaps carefully ignored in the reporting. The Free Press has its collective panties in a wedgy over an FBI raid on Washington Post news writer Hannah Natanson. It seems that, pursuant to the FBI’s investigation into the leak by a defense contractor of classified information, the FBI executed a warrant on Natanson and seized two of her laptops, her phone, and a smartwatch.

Of course that raid, part of what should be a thorough investigation of the leak and the defense contractor’s role in it (if any), has the “fourth estate” in a tizzy. The Committee to Protect Journalists issued a statement:

Without assurances that journalists can protect their reporting materials, accountability journalism will suffer a major setback, eroding yet another mechanism for government accountability.

That’s true up to a point. However, “accountability journalism” doesn’t place those news writers outside our laws. Were that so, that self-appointed title would be laughably hypocritical. If news writers are going to traffic in stolen goods—as leaked classified information most assuredly is—than of course those news writers must be held accountable: they must be arrested, brought to trial, and if convicted, jailed.

Of course, the FBI has not said Natanson was directly involved (or involved at all) in the leak, but that is beside the point of press accountability—a point the press is busily ignoring at the top of its collective lungs.