Tag Archives: freedom

A Judge Makes a Clear Ruling

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It’s “only” a Temporary Restraining Order by a county judge—Clay County, Illinois, Judge Michael McHaney—but the judge’s ruling is clear, plain spoken, and he speaks for Americans all across these United States.

Since the inception of this insanity, the following regulations, rules or consequences have occurred: I won’t get COVID if I get an abortion but I will get COVID if I get a colonoscopy. Selling pot is essential but selling goods and services at a family- owned business is not. Pot wasn’t even legal and pot dispensaries didn’t even exist in this state until five months ago and, in that five months, they have become essential but a family-owned business in existence for five generations is not.
A family of six can pile in their car and drive to Carlyle Lake without contracting COVID but, if they all get in the same boat, they will. We are told that kids rarely contract the virus and sunlight kills it, but summer youth programs, sports programs are cancelled. Four people can drive to the golf course and not get COVID but, if they play in a foursome, they will. If I go to Walmart, I won’t get COVID but, if I go to church, I will. Murderers are released from custody while small business owners are threatened with arrest if they have the audacity to attempt to feed their families.
These are just a few of examples of rules, regulations and consequences that are arbitrary, capricious, and completely devoid of anything even remotely approaching common sense.
State’s attorneys in this state, county sheriffs, mayors, city councils and county boards have openly and publicly defied these orders followed by threats to withhold funding and revocation of necessary licenses and certifications unless you obey.
Our economy is shut down because of a flu virus with a 98 percent plus survival rate. Doctors and experts say different things weekly. The defendant cites models in his opposition. The only thing experts will agree on is that all models are wrong and some are useful. The Centers for Disease Control now says the virus is not easily spread on surfaces.
The defendant in this case orders you to stay home and pronounces that, if you leave the state, you are putting people in danger, but his family members traveled to Florida and Wisconsin because he deems such travel essential. One initial rationale why the rules don’t apply to him is that his family farm had animals that needed fed. Try selling that argument to farmers who have had to slaughter their herds because of disruption in the supply chain.
When laws do not apply to those who make them, people are not being governed, they are being ruled. Make no mistake, these executive orders are not laws. They are royal decrees. Illinois citizens are not being governed, they are being ruled. The last time I checked Illinois citizens are also Americans and Americans don’t get ruled. The last time a monarch tried to rule Americans, a shot was fired that was heard around the world. That day led to the birth of a nation consensually governed based upon a document which ensures that on this day in this, any American courtroom tyrannical despotism will always lose and liberty, freedom and the constitution will always win.

The TRO was granted in favor of the plaintiff against the defendant, JB Pritzker, in his capacity of Governor of Illinois on two of three counts.

A “Careful” Economy

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In a Wall Street Journal op-ed about the dangers we’re facing because we’re reopening our economy much too soon to suit him, John Cochrane had this remark:

…the most important thing government can give us is accurate and timely information on how widespread the virus is in each community—how dangerous it really is to go out—something we don’t have now.

The truly Critical Item on how dangerous it might be to go out is the mortality rate, and that’s down around 1% for Americans younger than 60-ish, which includes children and working age Americans, and it’s not much higher for those older.

That mortality rate is going down further as we learn more about the components of the denominator.

Of course, getting sick can be more than an inconvenience, but even hospitalization rates are falling, both in absolute terms and as we learn more about those denominator components.

Mortality rate information, contra Cochrane, in fact is well known to those of us who seek it out—which we have to work too hard to do because the press and Progressive-Democrat State governments studiously ignore it.

In the end, the medical dangers of restarting are overblown and the economic dangers of not restarting are underestimated if not ignored outright.

There’s nothing uncareful about reopening now or of pushing the pace of reopening.

Limit FISA Surveillance?

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Certainly, the process is beset with vast, and serious, problems.

Mr [DoJ Inspector General] Horowitz’s staff reviewed a sample from a recent five-year period, October 2014 to September 2019, during which the eight FBI field offices applied for more than 700 surveillance warrants on US persons. Each of the reviewed files contained errors, inconsistencies and omissions. After reviewing the report, the FISA court’s Chief Judge James E Boasberg issued a rare public order. He told the government to undertake steps to ensure the accuracy of FISA applications. Yet inaccuracy isn’t the only problem. The use of FISA against a US citizen presents a fundamental threat to civil liberties. It essentially suspends the Constitution.

The problems, though, aren’t limited to FBI misbehaviors, the FBI being the proximate target of Boasberg’s order. The existence of these errors and the long-time existence of this sort of error each and together demonstrate that men of government, when able to exercise their power in the darkness of secrecy, cannot be trusted to stay true to the straight and narrow, to the strictures of integrity.

After FISA was enacted in 1978, FBI Director William Webster set the standards for its use.

And those standards have been violated.

Over the years FISA has been amended to allow for the surveillance of Americans. But there were safeguards.

Even with that legislative drift, the evolving safeguards have been violated.

It’s enough.

Limiting FISA surveillance must begin with eliminating the Star Chamber that is the FISA Court. That court is lawless enough already, as its ready and unquestioning acceptance of false warrant applications demonstrates. Its secret proceedings, along with that history, lend no credibility to the premise that, were its approvals limited by statute to foreign nationals, that it would honor those limits any more than have the men coming before it with applications to spy on American citizens foreign nationals who happen to be corresponding with American citizens.

Nor has that secret court ever been necessary, even did it behave properly. It exists to facilitate secret surveillances supported by secret warrants. Our Article III courts, and our State courts, have long been checked out on sealing—keeping secret—warrants, and subpoenas, until it comes time actually to serve them. Our courts, and our States’ state-level and local police departments, have long been checked out on conducting quiet surveillance—while under the careful eye of our public courts and of us citizens of the United States and of the State wherein [we] reside.

The existence of this Star Chamber is at the heart of the suspension of our Constitution about which Baker wrote at the link.

An Expansionist Germany

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Not military expansion, but a more insidious one: legal expansion.

The German government must come up with a new law regulating its secret services, after the country’s highest court [Federal Constitutional Court] ruled that the current practice of monitoring telecommunications of foreign citizens at will violates constitutionally-enshrined press freedoms and the privacy of communications.

And:

The key legal question was whether foreign nationals in other countries were covered by Germany’s constitution….

Why, yes, yes they are. Because German sovereignty reaches deep inside other nations’ borders, other nations’ legal and political jurisdictions, overrides those nations’ own sovereignty. Germany’s laws not only apply outside German borders, they apply inside other nations’ borders.

The Court’s judges’ hearts may have been in the right place, but this sets an ugly precedent regarding the allegedly inherent superiority of German sovereignty.

Usages

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The Associated Press has decided, from the depths of it Politically Correct garbage can, that “mistress” ought not be used anymore. Instead, folks should use “companion” or “lover” instead.

This means, of course, that Elvira, Mistress of the Dark, must be a companion to the Dark. Or maybe the Dark Lover.

A woman can no longer be Mistress of Ceremonies. Is it companions or lovers that ceremonies and rites have?

Nor can a woman be Mistress of her own home. No, the lady of the house must be her husband’s companion. Or lover. Either way, she’s no longer…mistress…of her fate, but merely an object for the man of the house.

She can’t even employ or supervise servants: she can’t be their mistress. Isn’t companion, though, a bit familiar for an employer-employee relationship?

Is the woman now the Headcompanion of a school? I shudder to think of the kind of school that has the AP‘s demanded other usage: its Head….

Little girls can no longer be Mistress. Little boys, though, are still Master. That’s the patriarchy of the AP raising its ugly head. A patriarchy of an especially ugly form, since little girls now can only be…what?…of the Master.

The change is broad. According to the AP, England no longer can only be Burns’ mistress of the seas, but only their companion; although, as any sailor knows, lover of the seas isn’t necessarily far wrong.

The Associated Press is beclowning itself.