Let Them Pound Sand

Here is the Marie Antoinette double standard of the Progressive-Democratic Party rubbed in our faces. In Nancy Pelosi’s (D, CA) San Francisco, yet.

Gyms within government buildings in San Francisco have been open for months, despite privately owned establishments being ordered to close due to the coronavirus.

Wow. The brazen chutzpah of Party.

He Ain’t Black

It’s not just Progressive-Democratic Party Presidential candidate Joe Biden’s attitude about blacks who don’t support him or otherwise toe the Party’s line.

It’s the Progressive-Democratic Party as a whole.

Black ex-Progressive-Democratic Party Tennessee State Representative John DeBerry, Jr, has been purged from Party.  He didn’t toe the Party line, so he’s not black enough for Party.

I’ve never had a Republican opponent. My opponents have always been those of my own party who refuse to allow me to have my own opinions, my own beliefs and to make my own stands. If I don’t walk the chalk line, talk like they tell me to talk, then I am therefore not a Democrat[.]

JtN cited him further:

The veteran state lawmaker said that the party took issue with his biblical values, including his “belief in the Scriptures, a biblical standard of morality, a biblical standard of ethics, in life, in marriage, in parental responsibility and parental authority.”

‘Course, this speech likely didn’t endear him to Party.

This is the Party that wants to reign over us.

A DA Misunderstands

Contra Costa County District Attorney Diane Becton has decided that looters’ “needs” should matter in a prosecutor’s assessment of whether he should charge them with their crimes.

Becton’s full guidelines for charging an individual with looting are:

  1. Was this theft offense substantially motivated by the state of emergency, or simply a theft offense which occurred contemporaneous to the declared state of emergency?
    1. Factors to consider in making this determination:
      1. Was the target business open or closed to the public during the state of emergency?
      2. What was the manner and means by which the suspect gained entry to the business?
      3. What was the nature/quantity/value of the goods targeted?
      4. Was the theft committed for financial gain or personal need?
      5. Is there an articulable reason why another statute wouldn’t adequately address the particular incident?

A defendant’s “needs” are centered on his motive for committing the crime of which he’s accused. As such, they’re best considered by a jury during the penalty phase of the trial. “Needs” have no place in deciding whether the public, or the specific victims of the crime, should be allowed access to justice after having been, in the present context, looted, their property vandalized, destroyed, or stolen.

Even a California district attorney must understand this.

Suicide Pact

The Thomas More Society has filed suit in Federal court against Michigan Governor Gretchen Whitmer’s (D) edict barring gatherings of more than 10 people indoors and more than 100 people outdoors.

[T]he nonprofits Election Integrity Fund and One Nation Michigan [plaintiffs in the Thomas More case] argue that Whitmer’s order functions as an abridgment of their right to free speech and assembly under the US Constitution.
Whitmer’s orders “constitute direct restrictions on [the groups’] right to engage in protected speech and assembly and therefore violate the First Amendment,” the suit argues, stating that any restrictions on constitutional rights “must be narrowly tailored to achieve a compelling government interest.”

Lower (State) courts have ruled that the Wuhan Virus situation is sufficiently important and dangerous that Government restrictions on Constitutional freedoms and rights must be overruled.

However, there is no clause in our Constitution that allows the Government to restrict individual liberties whenever it thinks something is more important than those liberties. In particular, the 1st Amendment says this in pertinent part:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…or the right of the people peaceably to assemble….

Hence the need for narrow tailoring of any intended restriction and the need even then—especially then—for that restriction to achieve a compelling government interest, not just one convenient to it. The Government has no interest, compelling or otherwise, in restricting these basic freedoms because of the virus, especially since it’s increasingly apparent that such restrictions cause more medical and economic harm than the virus itself.

Along these lines, Supreme Court Justices Robert Jackson (Terminiello v City of Chicago) and Arthur Goldberg (Kennedy v Mendoza-Martinez) have argued that our Constitution “is not a suicide pact.” Indeed, it is not. However, deviation from our Constitution would lead quickly to national suicide.

The Thomas More case would be a slam-dunk were it not for a collection of self-serving politicians and a similar collection of activist judges.

“Better Have an Army”

In response to President Donald Trump’s statement that he wants to stop Federal funds from going to “anarchist jurisdictions,” which include New York City, Seattle, Portland, and DC, among others, New York Governor Andrew Cuomo (D) issued this threat:

He can’t come back to New York. He can’t. He’s going to walk down the street in New York? Forget bodyguards, he better have an army if he thinks he’s going to walk down the street in New York.

Yes, Fredo Cuomo’s older brother said that out loud.

It’s not personal. It’s strictly business.