Nel's New Day

September 1, 2019

DDT Violates Law, Opposes Gun Safety

Like Hurricane Dorian, the “mind” of Dictator Donald Trump (DDT) can’t stop churning. After watching the Fox this morning—despite his plea for Twitter followers to avoid the network—he tweeted a long rant from former GOP lawmaker Jason Chaffetz (R-UT) about wanting the Supreme Court to hold former FBI Director James Comey in contempt:

“James Comey has been rebuked at the highest level, with much more to come. An IG Report doesn’t get any stronger, calling him dangerous, insubordinate. THANK GOODNESS THAT DONALD TRUMP WAS ELECTED, BECAUSE IF HE WASN’T ELECTED, THESE PEOPLE WOULD STILL BE IN POWER. Two more reports are coming. Comey very vulnerable. But where is the Supreme Court. Where is Justice Roberts? If you lie to a court, you should be held in contempt. So, if you abused the FISA, you must be held accountable. I hope Justice Roberts will take action.” Jason Chaffetz, Fox.”

Earlier, DDT accused Roberts of being “lined up against him” after he ruled against DDT’s proposed citizenship question on the 2020 census and called it inadequately explained and “contrived.”

DDT may have violated the law by his lie about China calling him to discuss the trade war in order to manipulate the stock market.  According to the Securities and Exchange Commission, market manipulation is “intentional conduct designed to deceive investors by controlling or artificially affecting the market,” including “intentional conduct designed to deceive investors.”

Other potential crimes by DDT:

  • Promising pardons to people who break the law in building a wall on the southern border.
  • Pressuring an agency to give a wall-building contract to a donor for a top congressional GOP ally.
  • Obstructing justice on at least ten occasions as identified by Robert Mueller’s investigation.
  • Providing multibillion-dollar tax breaks in his tax law to wealthy people—including himself and his family—by promoting real estate development in areas falsely designating as low-income.
  •  (The Merit Systems Protections Board, which investigates allegations of violations of federal personnel practices, including the Hatch Act, hasn’t had a quorum for over two years.)
  • Refusing to pursue Russian cyberattacks on U.S. elections and eliminating federal experts who help prevent it.
  • Allowing his campaign manager, Brad Parscale, to receive hundreds of thousands of dollars from DDT’s political action committee, legally barred from coordinating with the campaign.
  • Granting waivers for biofuel requirements to ailing refineries that enriched former adviser Carl Icahn.
  • Denying Canadian Muslims entry to the U.S. because of their faith.

And that’s just the beginning. His crimes against immigration will occupy complete books. White House aide Stephen Miller blamed for all toward immigrants, now has a cohort in Ken Cuccinelli, acting director of U.S. Citizenship and Immigration Services (USCIS), whose appointment may have circumvented the Federal Vacancies Reform Act with no Senate confirmation to any other position in the administration. 

While Hurricane Dorian bears down on the East Coast, DDT makes the climate worse because his jealousy of President Obama leads DDT to change every positive Obama action. Loosening regulations on methane, the greenhouse gas propelling the climate crisis, through lower standards on oil and natural gas extraction is the 84th EPA destructive action. Even big companies in the industry like Shell oppose the rollback of regulations. Fracking caused a rapid increase in methane in the atmosphere that traps heat, 80 percent more powerful than carbon dioxide. Saying that the methane rollback will save the multibillion-dollar industry between $15 million and $17 million a year, the EPA also plans to eliminate the regulation of methane as a pollutant to restrict future administrations. July was the hottest July in the 140-year tracking; nine of the ten hottest recorded Julys occurred since 2005, and the last five years have been the five hottest.

Climate crises have added to the farmers’ frustration with DDT’s trade war.  Roger Johnson, president of the National Farmers Union that represents 200,000 farms, ranches, and fishing enterprises in 33 states, said that “reputational damage” by DDT will take “decades” to reverse, despite DDT’s $28 billion of welfare to farmers because of his trade war with China. Johnson added that DDT has “offended the leaders of pretty much every ally we have on Earth.”

Once again, a white man took the advice of Texas Gov. Greg Abbott. The day before the El Paso mass shooting killing 22 people and wounding another 24 in early August, Abbott told his constituents to “take matters into our own hands” after making racist comments about immigrants. Abbott cried crocodile tears about the seven dead and 24 injured in Midland-Odessa yesterday, but he signed ten bills to loosen the already lax restrictions on gun safety legislation. If unlimited ownership of guns means safety, Texas would be the safest place in the world.

Only two weeks after two mass shootings in one weekend, DDT decided that the country doesn’t need more background checks because of his lie that “we have very strong background checks right now.” Yesterday he took a few minutes out from playing golf to say that background checks would not have prevented any of the mass shootings “over the last five, six, or seven years.” DDT has had several conversations with NRA’s CEO, Wayne LaPierre, since the El Paso mass shooting.

Ivanka Trump tried to cover for her father after the racist El Paso shooting by talking about shootings in Chicago, but those guns were largely brought in from out of state. Using racist language, DDT rails about “rat-infested” cities such as Atlanta (with Rep. John Lewis) and Baltimore (with Rep. Elijah Cummings), but Missouri has the highest rate of black homicides, comprising 80 percent of the 90 people, killed thus far this year in Kansas City—nine times the average rate for the United States. Missouri also has some of the weakest gun laws in the nation—lowered age for concealed carry to 19, “stand your ground” law, bans on local governments to stop open carry, no permits or firearms training for concealed carry.

Firearm safety expert Dr. Garen Wintemute of UC Davis Medical Center refuted the “good guy with a myth” that promotes both unlimited concealed and open carry laws. The Dayton (OH) murderer killed nine people and wounded another 27 in less than one minute, and lax law gun laws in both Ohio and Texas, site of the El Paso shooting, meant that several of the fleeing people would have been carrying. Wintemute said:

“We have this collective adolescent fantasy, if I may, that an armed civilian is going to step up and prevent these events. The data show that that almost never happens.”

Wintemute declared that expanding concealed carry standards across state lines would be “counterproductive” because it lowers standards for issuing licenses across much of the nation. According to data, more homicides come in places with more guns. Right-to-carry handgun laws lead to a significant increase in violent crime, many of them from more guns leading to more misunderstandings between people, accidental discharges, and gun theft.

Dayton (OH) is providing Mayor Nan Whaley 24/7 security after DDT’s angry comments about her brought death threats from his supporters.

DDT started to talk about voter fraud, a clear sign that he’s worried about losing the next election. His polling last week was the worst during his 2020 election cycle. In a Quinnipiac poll, he trailed five different Democratic presidential candidates between nine and 16 points, and his approval/disapproval rating dropped to 38/56, with just 27 percent approving of him strongly and 50 percent disapproving strongly. Only 32 percent of independents, a large voting bloc, indicated approval. For the first time since June 2016, more people say the economy is getting “worse” (37 percent) than getting “better” (31 percent), and slightly more people say DDT’s policies are “hurting” the economy (41 percent) than “helping” (37 percent). DDT’s handling of disasters hasn’t made him very popular either. 

DDT’s attacks on Fox network last week may have been a strategy for more attention to himself and divert attention from his problems. Jack Shafer suggested: 

“Trump’s faux-fight with Fox is designed 1) to add drama and excitement to where there is none; 2) make him the primary focus of events; and 3) temporarily complicate the storyline so viewers keep watching. Fox benefits from Trump’s periodic attacks (remember when he boycotted one of Fox’s 2016 presidential debates because it wouldn’t dump Megyn Kelly from the broadcast). They make the channel look like it’s standing up to the president, and Fox ends up looking more independent and credible.”

Classic DDT statements of the week: National Weather Service had to correct DDT’s tweet that Alabama was in the path of “one of the largest hurricanes ever.” Confusion between the Bahamas and Alabama? He also repeated his common statement that he’s never heard of a Category 5 hurricane. Last year, Category 5 Hurricane Michael killed 59 people in the U.S., cost $25.1 billion in damages, damaged U.S. fighter jets with $6 billion replacement, and created $6.23 billion insurance claims.

May 5, 2019

DDT: More Week 119 – Make America Worse Unless Courts Help

Even in the “Kentuky Derby [sic],” Dictator Donald Trump (DDT) thinks that rules don’t matter. The first declared victor, Maximum Security, was subsequently disqualified because the horse tripped another horse. The runner-up, Country House, was then declared the winner. DDT tweeted that sticking to the rules is unfair “political correctness.” Those who held out hope that Dictator Donald Trump (DDT) wouldn’t be as bad as feared can follow these ways that he’s destroying the country.

April was the ninth-year anniversary of the biggest ocean oil spill in the U.S. when the BP Deepwater Horizon disaster that killed 11 people and cost $61.6 billion. DDT’s oil lobbyist/Secretary of the Interior David Bernhardt plans to erase offshore drilling regulations designed to stop another Deepwater Horizon. The changes will annually save $98 million for the heavily subsidized oil and gas industry because they no longer will need to test blowout preventers for disasters. The word “safe” was also removed from standards in maintaining the level of down-hold pressure in wells to avoid accidents.

The EPA won’t update federal standards about toxic waste from oil and gas wells, including fracking waste. Companies allow the waste into drinking water, spread it on roads as a de-icer, use it to irrigate crops, and spray it into the air to evaporate. The same product from other industries is designated as hazardous waste and subject to highly regulated tracking and disposal rules. At least 55 chemicals released into the air and water are carcinogenic as well as being linked to asthma, low birth weights, and other health problems.

DDT’s new “healthcare” rule allows hospitals, pharmacies, insurance companies, doctors, nurses, and other healthcare workers to deny patients basic medical care because of personal beliefs. He bragged at the National Day of Prayer event how his new rule can allow anyone to refuse healthcare to anyone else for any reason. Those suffering from his decision include LGBTQ people, women seeking contraception, unmarried couples, and all children of couples who are considered unacceptable by healthcare workers. The rule means that taxpayers are required to pay for institutions and individuals who don’t have to provide any services to them.

Two days ago, DDT said that he was fine with Robert Mueller testifying at congressional hearings if his fixer AG Bill Barr agreed. Barr agreed, and Mueller is tentatively scheduled to appear before a House hearing on May 15. Sen. Lindsey Graham (R-SC) said that the Senate is not interested. Now DDT says that Mueller should not testify. The question might be whether DDT can block Mueller’s testimony if Mueller no longer works for the government.

DDT brags about his economy, but his threat to more than double tariffs to 25 percent may drive the stock market down. Oil prices also dropped 2.83 percent in today’s Asian trading. Trade negotiations with China were scheduled to return on Wednesday, but DDT says that the process is moving “too slowly.” Threats of increased tariffs may cause China to cancel trade talks, and Chinese Vice Premier Liu He may cancel his trip to the U.S.

DDT, members of his family, and his businesses are suing Deutsche Bank and Capital One to keep them from complying with congressional subpoenas. Deutsche Bank is already turning over DDT’s financial documents to New York’s state AG’s office. Among Deutsche documents are DDT’s tax returns.

Without congressional approval, the State Department allowed at least seven foreign governments to rent luxury condominiums in New York’s Trump World Tower in 2017, a potential violation of the U.S. Constitution’s emoluments clause. The monthly rent of $8,500 was over 2.5 times the median rent in the surrounding neighborhood. A federal judge turned down DDT’s request to dismiss a lawsuit accusing him of violating the constitution’s Emoluments Clause from over 200 congressional members. Also, another recent revelation is that the White House paid Mar-a-Lago $1,000 for DDT staffers’ alcoholic drinks—in addition to many more expenses.

In her acceptance for the conservative Manhattan Institute’s Alexander Hamilton Award, Secretary of State Betsy DeVos announced she would continue her fight for “freedom from government.” Hamilton fought for a strong centralized government control. The Institute might want to reconsider its award’s name.

On the campaign trail, DDT declared himself the “law and order” candidate. In Watertown (NY) a judge gave a man who raped a 14-year-old girl no prison time and ten years probation because he raped only one girl. A Georgia man who kept a teenage girl in a dog cage for over a year and raped her got off with the eight months he spent in a detention center before he was sentenced and ten years probation. Initially the sex between the man and the girl, 15 when she met him on a chat room for people with eating disorders; she was persuaded to live with the man when she turned 16, age of consent in Georgia.

DDT sometimes fails in his anti-immigrant attacks: 

Even non-citizens have the constitutional right to complain about the U.S. government, according to a panel of judges from the 2nd Circuit Court. ICE decided to deport Ravi Ragbir because he criticized their agency.

A federal judge gave DHS six months to identify thousands of children they kidnapped from families at the southern border instead of the two years the government wanted. The deadline is October 25. Emails show that the government cannot match children with their parents because it has no data about children and parents.

A unanimous federal appeals panel upheld California’s misnamed “sanctuary state” law, ruling that the law doesn’t stop enforcement of federal immigration laws or conflict with federal law. California state law requires employers to alert employees before ICE inspections and allows the state AG to inspect immigration facilities.

A federal judge ruled that ICE cannot use an immigration interview as a trap for deportation and ordered a Chinese man to be returned to the U.S. before the flight arrived in China. Wanrong Lin, 31, has lived in the U.S. for 17 years; his wife and three children are U.S. citizens. They own and operate a restaurant in Maryland.

ACLU is suing DDT for the new policy denying bond hearings to asylum seekers proving they face fear in their countries of origin. The new policy deports any arrivals through expedited removal proceedings or indefinitely detail them for years. The suit claims that the new policy denies up to 400,000 people Fifth Amendment due process rights.

Taxpayers are shelling out at least $40 million for two tent cities along the Texas border. Acting DHS Secretary Kevin McAleenan calls them “soft-sided facilities.” Visitors to existing “facilities” report that people don’t get showers and live in dirty clothing.

Although cannabis is legal in many states and jurisdictions, green card holders can be banned from citizenship if they are suspected of its use, even for medical purposes.

Last year, DHS used a private intelligence firm, LookingGlass Cyber Solutions, to spy on and track 600 Families Belong Together protests in the U.S., Mexico, and the Netherlands. The data were shared with both DHS and “state-level law enforcement agencies.” The coalition organized over 750 events on June 30, 2018 with over 400,000 participants in all 50 states as well as European and Americas’ countries.

Other lawsuits oppose DDT’s efforts to destroy the United States:

Last month, a judge ruled that Michigan had to redraw its gerrymandered districts; this week a unanimous panel of judges ruled that Ohio’s districts were unconstitutional. That makes federal courts in five states striking down gerrymandered maps while the Supreme Court dithers about the issue. Like Michigan, Ohio must redraw its districts before the 2020 election.

A U.S. district judge has delivered an injunction against the Texas law barring the state from business with companies involved in the pro-Palestinian boycott, divestment, and sanctions movement. Bahai Amawi had lost her job as speech pathologist with a local school district because her contractor participated in the boycott. Similar anti-free speech laws have been passed in two dozen other states. Federal judges have also struck down laws in Arizona and Kansas.

Gabby Giffords’ gun-safety group is suing the Federal Election Commission for refusing to act on complaints about the NRA’s illegal coordination of political spending with DDT and other GOP candidates. The lawsuit contends that the NRA hid its illegal expenditure of $35 million for Republicans in three election cycles. Other groups have supplemented a July 2017 complaint against DDT’s 2016 presidential campaign committee for soliciting contributions from foreign nationals after the Mueller report supported their claims. The Mueller report stated that criminally indicting Donald Trump Jr. must meet a high bar, but the FEC has no such bar to level civil penalties against him. The Brennan Center has a new report on ways that the FEC employs a partisan gridlock to stonewall responses to complaints about candidates, parties, and super PACS.

The latest fashion in GOP state legislatures is the anti-abortion “heartbeat” approach, making abortions after the detection of a fetal heartbeat illegal. Laws would also be unconstitutional because they violate Roe v. Wade which permits abortions up to the viability of a fetus at 24 weeks. The law loses its support when people learn that these laws outlaw abortion before women discover they are pregnant. Twelve percent of those polled changed their minds when they discovered the truth, resulting in a majority of people—56 percent—opposing these laws. Laws use the term “heartbeat” to sound sympathetic although a sound at six weeks doesn’t match how people understand a “heartbeat.” About two-thirds of the public want to retain Roe v. Wade.

[Note: Those who wish to read more about the news above and/or factcheck the material may wish to use the links.]

August 6, 2018

Feds on the Losing Side in Court

Dictator Donald Trump (DDT) is desperately trying to put himself above all laws, even appointing a nominee for the Supreme Court who believes a Republican president doesn’t have to go to court, but some of the recent lawsuits go against DDT’s wishes.

A huge win is a federal judge’s ruling that a lawsuit can move forward to determine whether DDT has broken the law against officials accepting emoluments from domestic and foreign governments. AGs from Maryland and Washington, D.C. maintain that DDT’s profit from his businesses such as his hotel and restaurant violates the constitutional clause that prevents any business transactions giving DDT a “profit, gain or advantage.” The judge agreed.

According to law professor John Mikhail, dictionaries published from 1604 to 1806 use a “broad definition” for emoluments, including “profit,” “advantage,” “gain,” or benefit.” Mikhail added, “Over 92 percent of these dictionaries define ’emolument’ . . . with no reference to ‘office’ or ’employment.’” Thus the emoluments clause stops any benefit or profit to a president from any government whether in his capacity as president or in any other role, such as the owner of a hotel like the Trump International Hotel in Washington. DDT wants the emoluments clause to narrowly refer to compensation for official services, making it a bribery clause.

DDT desperately wants to stop the case because the legal discovery in the lawsuit allows extensive knowledge of his business and financial records, possibly his tax returns which he has kept secret.

A federal judge ruled that the Deferred Action for Childhood Arrivals (DACA) program must be fully restored. The judge wrote that DDT’s administration had again failed to justify closing down the program but delayed his ruling for 20 days for an appeal. The opinion stated that DDT’s decision “was arbitrary and capricious” with legal judgment that was “inadequately explained.” His full ruling shows more of his irritation with the government’s arguments. The judge appointed by George W. Bush is the third federal judge to reject DDT’s excuse for closing the program.

The 9th Circuit Court gave DDT a tiny win when it ruled that a judge can’t overrule DDT’s withholding federal funding for sanctuary regions for the entire nation and sent the case back to the lower court. The circuit court did declare that the order is unconstitutional for its nine states because it exceeded DDT’s authority because Congress is in charge of spending. In his order, DDT attempted to require local law enforcement to carry out federal responsibilities.

A federal judge invalidated the Federal Election Commission regulation permitting donors to “dark-money” groups, including 501(c)4 non-profits, to remain anonymous. The ruling may lead to requirements forcing nonprofits to disclose people who donate $200 or more toward influencing federal elections. The suit began when Karl Rove’s Crossroads GPS didn’t disclose sources for the $6 million used to defeat Sen. Sherrod Brown (D-OH) in 2012. The FEC has 45 days to issue interim regulations or appeal, but an appeal would require a unanimous vote from commissions—probably impossible.

In another donor issue, Montana’s Gov. Steve Bullock is suing the IRS because of its new policy that politically active nonprofit groups don’t need to tell the IRS or other government entities about their major donors. Bullock maintains that the new guideline undermines nonprofit regulations and policing of illegal spending in political campaigns. According to the lawsuit, the government failed to follow the Administrative Procedure Act, the same law used for other suits regarding DDT’s executive orders. It evades the public comment mandate and rewrites policy by calling it a “revenue procedure.”

A judge refused a request from Michael Cohen’s lawyer to put a gag order on Stormy Daniels’ lawyer, Michael Avenatti, to stop him from making public comments about Cohen. Avenatti has said that honoring that request could mean a judge might put a gag order on DDT. In connection with his lawsuit about DDT’s allegedly paying Stormy Daniels “hush money” before the 2016 presidential election, Avenatti said that he now represents three more women with the same claim.

A federal judge ruled that a lawsuit against DDT’s question about citizenship in the 2020 census can go forward because of evidence that the decision was driven by discrimination. He allowed DDT’s negative tweets and statements about immigrants, including the one about “shithole” countries. Plaintiffs from 28 states and a coalition of immigration rights groups allege that the question is designed to drive down census responses in immigrant communities.

A federal judge blocked Defense Distributed from releasing 3D printed gun plans online, and the case goes back to court on August 10. The 3D guns have no background checks or serial numbers and are illegal in the U.S. because they evade metal detection.

The 9th Circuit Court ruled that new California gun safety laws are constitutional. One requires new models of semi-automatic handguns to have identifying information stamped on bullet casings. Another is a requirement to prevent accidental discharges of handguns, and a third bans concealed carry on school grounds.

An Iowa judge issued a temporary injunction on the state’s new voting law and returns the absentee early voting period to 40 days from the new law’s 29 days. The injunction also blocks some ID requirements on absentee ballots. Secretary of State Paul Pate, who is up for re-election, plans to immediately appeal the decision on legislation that he promoted.

A federal judge ruled that Florida’s college campuses can be used for early voting sites because the state’s ban is unconstitutional.

The 7th Circuit Court has ruled that a transgender woman denied hormone therapy while in custody may pursue her lawsuit, overturning a lower court decision that dismissed her case. Lisa Mitchell wasn’t assessed by Wisconsin’s Department of Corrections for over a year; clinicians then recommended the hormone therapy. Without any policy justification, she was still denied treatment because she was due to be released within a month, and parole officers, after her release, stopped her from any hormone therapy and forced her to dress and present like a man.

Four cities—Chicago, Columbus, Cincinnati, and Baltimore—filed a lawsuit against DDT and his cabinet for “waging a relentless campaign to sabotage and, ultimately, to nullify” the Affordable Care Act. The tipping point for the suit was DHHS’ decision to keep substandard health insurance plans for up to three years instead of three months. DDT earlier expanded association health plans not required to cover basic health benefits, eliminated the individual mandate, vastly reduced funds to advertise the ACA, and refused to defend the ACA in court, arguing that pre-existing conditions protection are unconstitutional. Part of the lawsuit’s justification are DDT’s claims that he will get “rid of Obamacare” by destroying it. Without the ACA, cities are forced to pay more for uninsured people. The “take care” clause of the ACA requires the president to ensure that the ACA is faithfully executed.

Last year, 18 states filed a lawsuit opposing DDT’s attempt to block federal cost-sharing subsidies to make the ACA affordable for low- and middle-income people. The case was dismissed, but 12 states filed a lawsuit last week against DDT’s expansion of association health plans. Yale University law professor Abbe Gluck said:

“No scholar or court has ever said the president can use his discretion to implement a statute to purposely destroy it. If there’s ever going to be a violation of the ‘take care’ clause, this is it.”

Nineteen attorneys general have joined California AG Xavier Becerra opposing DDT’s plans to freeze fuel-efficiency requirements for cars and trucks through 2026, refuting the need to improve public health, combat climate change, and save consumers money. DDT will also try to revoke California’s legal waiver to set its own tailpipe restrictions granted under the 1970 Clean Air Act and restrict the dozen states from following California’s lead. His own administration refutes DDT’s “fake” information: an analysis from the National Highway Traffic Safety and the EPA estimates a savings of $500 billion “societal costs,” thousands of fewer highway fatalities, and $2,340 lower cost on each new car. Officials at an internal EPA presentation warned that DDT’s proposal contained “a wide range of errors, use of outdated data, and unsupported assumptions.” Enthusiasm for DDT’s proposal, meant to bring the Koch brothers back onto his team, came only from the oil and gas industry.

Brock Turner, the former Stanford swimmer who received an extremely light sentence for sexually assaulting an unconscious woman in 2016, is back in court asking for his conviction overturned. A lawyer claim to a panel of three judges that Turner only wanted “outercourse” and cannot be convicted of rape because it was a “version of safe sex” with no “penile contact.” Justice Franklin D. Elia said, “I absolutely don’t understand what you are talking about.” Witness reported that the victim’s dress was pulled up over her waist and she was not moving. At the time, Turner admitted to digitally penetrating her.

On the same day that Washington State AG Bob Ferguson joined other AGs to block posting 3D gun blueprint on the computer, he and three other AGs warned DDT against defunding Planned Parenthood. Ferguson’s 10-0 record of wins with only three that can be appealed. He called DDT’s administration “sloppy in how they do their work” and that it typically breaks federal laws. State AGs have worked together to file about 56 multistate lawsuits against DDT, almost as many as the 60 filed against President Obama in all eight years.

DDT’s rush to overturn every move by President Obama has been delayed not only by lack of quality but also by his bombastic public comments.  His incompetence may save the nation.

February 25, 2017

DDT: Lies, Lies, Lies

cpac-ballroomConservatives celebrated at CPAC (Conservative Political Action Conference) Dictator Donald Trump (DDT) and his minions this year—a change from last year when he wasn’t even wanted at the conference. DDT’s speech could have been the one he wanted to give last year as he quoted Hillary Clinton’s term “deplorable” and encouraged the crowd to shout “Lock her up!” Another last election message was the conspiracy against Bernie Sanders with “super-delegates.” Numbers also plagued him when he claimed that they would not read about CPAC “lines that go back six blocks.” The speech is probably for his 2020 run, but the lies are the same. Even the ballroom at CPAC was not full for DDT’s speech.

Other false claims from DDT: “Obamacare covers very few people,” and “[the wall is] way, way, way ahead of schedule.” The Affordable Care Act reduced the number of uninsured by 20 million people, and there is no schedule for the wall that may never be built.” The rate of people in the United States who lack health insurance has hit a record low with only 8.6 percent of people, about 27.3 million, being uninsured. That’s 20.4 million fewer people than when the program started in 2010, and the number would be lower if the Supreme Court had maintained the states’ mandatory Medicaid expansion. Red states showed the greatest decline in the number of uninsured, and those without Medicaid expansion had the highest percentage of uninsured with Texas and Mississippi at the top.

Throwing red meat to his CPAC base, DDT defined his enemies: “radical Islamic terrorists”; immigrants who he described as “the gang members, the drug dealers, and the criminal aliens”; and, of course, the “dishonest media.” Also the Constitution as he whined about the “Fiii-rrrst Amendment!” After he talked about keeping “the bad ones” out, he excluded several media outlets from his Friday briefing session.

DDT’s new National Security Advisor, Lt. Gen. H. R. McMaster, negated the use of the term “racial Islamic terrorists.” Speaking to his staff, he said that the label was not helpful because terrorists are “un-Islamic.”

 With so much news flooding the air waves about DDT, this one may have slipped through the cracks. One week before Michael Flynn left his position as National Security Advisor on February 13, 2017, he received a proposal for the way that DDT could lift sanctions against Russia. DDT’s personal Mafia-linked lawyer Michael D. Cohen, business associate plus convicted felon and government informant Felix Salter who helped DDT scout deals in Russia, and Ukrainian lawmaker Andrii Artemenko are pushing the plan of releasing evidence of corruption to allow Artemenko to take over the government and negotiate a long term Russian “lease” of Crimea.

The goal is to replace the current Ukrainian government with the Russia-tolerant faction allowing DDT to lift the sanctions against Russia’s military invasion and capture of Russia and give Secretary of State Rex Tillerson the $500 billion deal for Exxon Mobil. Flynn has disappeared, but the plan surely remains, most likely with a payoff for DDT. And it’s on paper. Artemenko is currently under treason investigation, and Cohen denied delivering any plan.

DDT’s assertion that his Muslim ban is to protect the country was soundly debunked by a report from his own Department of Homeland Security that concluded citizenship is an “unreliable” threat indicator and that people from the seven countries have rarely been implicated in U.S.-based terrorism. People from the dangerous seven countries identified by DDT, the same ones where he doesn’t do personal profit-making business—Iraq, Iran, Somalia, Sudan, Syria, Yemen and Libya—are “rarely implicated in U.S.-based terrorism,” according to the report.

Although terror groups in Iraq, Syria, and Yemen pose a threat of attacks in the United States, the other four countries are “regionally focused.” Of the 82 people “who died in the pursuit of or were convicted of any terrorism-related federal offense,” over half were U.S.-born citizens. Eight of them convicted or died in pursuit of terrorism were from Somalia, Iraq, Iran, Sudan, and Yemen. People are more likely to be killed by guns, trains, a railway vehicle, their own clothes melting or lighting on fire, lightning, falling furniture–the list goes on and on about the dangers of life outside terrorism. Of the 3,252,493 refugees admitted to the United States from 1975 to the end of 2015, 20 were terrorists, 0.00062 percent of the total.  Only three of them were successful in their attacks, killing a total of three people.

At the same time DHS released its report refuting DDT’s claim about Muslims and terrorism, Secretary John Kelly released a memo creating a new DDT-ordered federal office to work with victims of undocumented immigrants. He wrote that “criminal aliens routinely victimize Americans and other legal residents.” Once again, the government is “misrepresenting,” a polite word for lying. Undocumented immigrants are no more likely to commit crimes and U.S. citizens and are less likely to be criminals in some cases.

The Secure Communities (S-COMM) immigration enforcement program failed to reduce crime. A study of 159 cities shows no correlation between crime rates and levels of immigration, and other research showed that levels of recent immigration had a negative affect on homicide rates and no affect on property crime rates. Another study found that immigrant influx was correlated with decreases in homicide and robbery rates.

The only people who need to be afraid are those with brown skin who might be accused of being Hispanic or Muslim. For example, Muhammad Ali Jr., son of one of the greatest boxers and civil rights activists in the nation, was detained two hours on February 7 at the Fort Lauderdale-Hollywood (FL) airport on his return from Jamaica. He had gone there with his mother, Khalilah Camacho-Ali, who gave a speech about black history. He was asked twice about his religion and “where he got his name,” a common question for Muslims. Agents released Ali’s mother when she showed him a photo of herself with her ex-husband, but Ali had no picture of himself and his father who died last year. DDT’s Muslim ban was overturned three days prior to Ali’s detention, but agents reportedly did not respect the court’s judgment.

NRA executive vice president and CEO Wayne LaPierre is using the DDT system of lying. Before Election Day, he told gun lovers that they had to vote for NRA Republicans because every one of his predictions about Obama taking guns and sabotaging the Second Amendment had come true. The reverse was actually true as federal gun safety laws and those in most states were weakened. At CPAC, LaPierre ranted about how the “Anarchists, Marxists, communists, and the left of—the rest of the left-wing socialist parade” are coming for the guns.

Anti-Trump protesters “spit in the face of Gold Star families,” a revision of history when progressives defended these families and DDT excoriated them unless they were white. LaPierre said these leftists want “to tear down our system.” At the same time, White House and white supremacist Steve Bannon declared that “deconstruction [aka destruction] of the administration” is its goal. The crowning claim from LaPierre was that progressive activists get paid $1,500 a week, $78,000 a year. Watch for the letters of your newspaper because these lies are sure to appear there.

“I was shot on a Saturday morning. By Monday morning, my offices were open to the public. Ron Barber—at my side that Saturday, who was shot multiple times, then elected to Congress in my stead—held town halls. It’s what the people deserve in a representative.”

gabby-giffordsThat was the response from Gabby Giffords to Rep. Louie Gohmert (R-TX) who used her as an excuse for not facing his constituents. Gohmert won his last election by more than 49 points, and his district is one of the reddest in the country—but he’s afraid of “the threat of violence at town hall meetings.” And he used the 2011 shooting at former Rep. Gabrielle Giffords (D-AZ) where she was severely injured and six people were killed. With her customary bravery, Giffords responded:

“To the politicians who have abandoned their civic obligations, I say this: Have some courage. Face your constituents. Hold town halls. [During my congressional career] listening to my constituents was the most basic and core tenet of the job I was hired to do.”

Giffords’ husband, former astronaut Mark Kelly said that Gohmert shouldn’t “hide behind” his wife to avoid town halls:

“If he doesn’t want to do town halls, he should just say he doesn’t want to face his constituents. He shouldn’t hide behind Gabby.”

Town hall complaints from tens of thousands of people included the repeal of health care, Scott Pruitt’s confirmation to head the EPA, and legislators refusal to investigate DDT’s links to Russia. Many crowds chanted, “Do your job!” Terrified of this response, a vast majority of GOP legislators simply avoided their constituents in any way they could.

Gohmert also repeated lies that “paid” groups were disrupting the Republican town halls. No town hall meetings this year have been violent, even if some members of Congress have called the police instead of facing a group of people. There’s no evidence of paid protesters, and progressive activists haven’t “threatened public safety.” It was the violent Tea Party members who protested Barack Obama’s election and gathered with their guns to threaten and spit on legislators who supported the ACA.

If Gohmert—and his GOP colleagues—are so terrified of vilence from guns, it’s time for them to enact gun safety laws. And it’s time for “these people” to stop lying.

 

 

November 3, 2015

Election Day: Odd Year, Odd

 

Today is Election Day for some of the people. I say “some” because many citizens aren’t eligible to vote on this election day. Some of them are too young whereas others are in prison. Only Vermont and Maine allow prisoners to vote. Yet millions more are ruled out for other reasons. After release from prison, people may not vote until the end of probation and parole in 24 states; another 11 states may permanently prevent convicted felons from ever voting.

The most egregious laws against voting, however, affect married women, the elderly, the poor, students, non-drivers, and others who have difficulty obtaining the photo IDs mandated in many states from the GOP desire to keep Democrats away from the polls. Fifteen years ago, only 14 states required IDs, most of them non-photo and all non-strict. As of April 2015, 32 states enforced voter identification requirements with 17 of these mandating photo ID. Thus the constitutional and legal right to vote varies from state to state.

voterid_history

Last summer, Fulton County (GA), which includes Atlanta, was fined $180,000 after admitting that it illegally disenfranchised and misled voters in the 2008 and 2012 elections by improperly rejecting eligible ballots and deliberately sending voters to the wrong precincts. The county has a large black voting population and leans progressive. When neighboring DeKalb county, also largely black, opened an early voting location in a popular mall, Georgia State Senator Fran Millar (R) publicly lamented that “this location is dominated by African American shoppers and it is near several large African American mega churches.” He added, “I would prefer more educated voters than a greater increase in the number of voters.”

Last year during a tight race for an open Senate seat, over 40,000 newly registered Georgia voters—mostly young, low-income, and black—disappeared from the rolls. Georgia’s Secretary of State accused voting rights groups suing to process registrations of committing voter fraud.

After the Supreme Court overturned part of the 1964 Voting Rights Act, Alabama closed 30 driver’s-license offices in the state, all in counties where blacks compose over 75 percent of registered voters. GOP presidential candidates such as Jeb Bush oppose restoration of the voting rights because the “dramatic improvement in access to voting” makes it unnecessary to impose protections “as though we’re living in 1960.” In contrast to the restrictions on voting, Arizona and California lead the way to automatic registration of voting for their residents. Perhaps the embarrassment of national outrage concerning the close of Alabama’s helped partially reverse the decision to completely close the offices: Alabama has announced that a license examiner be one day a month in 28 counties and two days a month in the remaining two counties.

The White House should take action to promote voter registration through a combination of the Affordable Care Act (ACA) and the National Voter Registration Act (NVRA). The NVRA requires that eligible people may register when applying through a variety of programs, including Medicaid. People apply for most health care benefits, including Medicaid, on a state or federal health care exchange. Therefore, the NVRA requires that voter registration be offered on these exchanges. State exchanges are in compliance with the NVRA, but the federal government is not, losing as many as 1.7 million voter registrations through the Federally Facilitated Exchanges (FFE). King v. Burwell requires that state and federally-facilitated exchanges must be treated exactly the same, and the federal government needs to follow ACA and NVRA.

Virginia, one of three states electing state legislators today and one of the most gerrymandered states in the country, has admitted that the GOP deliberately rigged the congressional districts to obtain a Republican delegation. They justified it to keep the “partisan division established in the 2010 election.” The Supreme Court is not likely to be of any help. In 2004, A 5-4 vote in the Supreme Court case Vieth v. Jubelirer, held that a specific gerrymandering suit could not proceed because courts couldn’t determine if it existed or how to fix it. It appears that Virginia is keeping the GOP dominate in the legislature despite the majority of Democrat voters for legislators. jen hendersonbizloop 70My favorite vote manipulation story this year occurred in Columbia (MO) when Jen Henderson, 23, became the only voter in a district. Property owners petitioned the city council to establish the Business Loop 70 Community Improvement District to eliminate any voters so, with no registered voters living in the district, the property owners could then impose a half-cent sales tax increase to cover the “significant debt” that the district had incurred. They overlooked Henderson. The district’s executive director went so far as to ask Henderson to consider “unregistering her vote,” thus allowing the property owners to make the decision. The city council postponed the vote until December 1 (or maybe December 8), and an investigation by the local NPR station found 13 more voters.

Despite the lack of federal candidates, today’s elections include races and initiatives that affect people’s lives. Two states, Kentucky and Mississippi, will elect governors, and another two will determine the party majority in state legislators—Pennsylvania and Virginia. The GOP win for governor in Kentucky means that 400,000 people in the state will most likely lose health insurance. Louisiana Gov. Bobby Jindal will be replaced in a November 21, 2015 vote because of term limits. Campaign donations for the Pennsylvania Supreme Court election hit almost $16 million, much of it from people who fight judges who are “soft on crime.” Nine states have 28 measures that impact the state budgets. Other legislation shapes LGBT rights, minimum wages, marijuana laws and more.

LGBT Discrimination: Houston (TX), a city with a higher population than 15 states, again voted on an Equal Rights Ordinance. Opponents claim that the existing ordinance allows men to go into bathrooms and molest little girls because it permits transgender people to use the restroom of their gender identity. The text just prohibits “discrimination in city employment and city services, city contracts, public accommodations, private employment, and housing” based on sexual preference or gender identity. Last summer, Jordan Klepper presented a hilarious view of the Christian opposition to an LGBT rights ordinance in Eureka Springs (AK) on Jon Stewart’s Daily Show. Houston is also electing a mayor; openly lesbian incumbent Annise Parker is term-limited. [Houston voters came out in favor of LGBT discrimination.]

Marijuana Legalization: Ohio is voting to decide whether it will be the fifth state to legalize recreational marijuana, but the constitutional amendment would allow only one group of seven investors to grow it. The “marijuana monopoly” has drawn opposition for people who want legalized marijuana in the state. [Ohio voted against legalizing marijuana.]

Marijuana Tax Distribution: Colorado is required to reallocate the taxes from the sale of cannabis, thanks a 1992 law promoted by no-new-taxes Grover Norquist. Passing the initiative would send the millions of dollars to school and law enforcement; opposing it gives the money back to the growers and taxpayers. If the initiative fails, each resident would get about $8.

Minimum Wage: Tacoma (WA) has two measures, one requiring all city employers with at least $300,000 in annual gross revenue to provide a $15 minimum wage and the other to mandate all employees to gradually phase in a $12 minimum wage by 2018. Seattle gradually started its $15 minimum wage last April, resulting in surprising successes despite conservative naysayers.

Donations to Candidates: Seattle has an initiative to give all citizens four “democracy vouchers,” $25 coupons, each election year that they can donate to the qualified candidates of their choice. The initiative also has regulations, but the $100 per citizen makes it more interesting.

Limiting Influence of Special Interest Money: Maine already uses public money in elections, but this measure would strengthen it by increasing the public fund that incentivizes politicians to refuse private money for campaigning. [Maine voted to further limit special interest money.]

Increase of Affordable Housing: Airbnb has spent $8 million to defeat a ballot measure in San Francisco to limit short-term housing rentals. Affordable housing advocates support the initiative because much of the city’s housing is used for the short-term rentals, pushing lower-income people out through higher rents.

School Funding: Mississippi residents are voting on a constitutional amendment which would allow people to sue the state to increase public school funding. Other states including Kansas and Washington have sued the state regarding the lack of funding for schools. [The measure was passed.]

The “Right to Hunt”: One Texas’ seven constitutional amendments is designed to prevent “possible legislative action that could limit the right,” which could include “pressure from animal rights or environmental groups” who might want to limit hunting of certain vulnerable species in the future.

Coos County (OR) has a gun law on the ballot just one month after ten people died in a mass shooting in neighboring Roseburg. Earlier this year, Oregon passed a law requiring universal background checks for gun purchases except within immediate family members. Residents of Coos County vote today on prohibiting local authorities from enforcing that law or any other future gun safety laws passed by the state. If it passes, the Coos County sheriff would determine what state and federal gun laws are unconstitutional although he must swear to uphold the state and federal constitution.

County commissions in the state’s Wheeler and Wallowa counties have approved almost identical measures. Many other rural counties have dodged the issue by saying that they uphold all laws but some of them get very low priority. In my home county, Lincoln, Sheriff Dennis Dotson announced to the press that enforcing background checks is at the bottom of his priorities.

As Fox is fond of saying, everyone should own as many guns as they want, but not everyone deserves the right to vote.

January 28, 2015

Fix the Supreme Court’s Constitution

Conservative justices serving on the Supreme Court try to make people believe that every ruling that they make follows the U.S. Constitution literally—just as fundamentalist Christian leaders swear that every word out of their mouths came from their bible. Both conservative elements are wrong, however, and retired Justice John Paul Stevens has written a book suggesting how the constitution can be brought back into its original text. Six Amendments: How and Why We Should Change the Constitution presents these recommendations with an explanation of the problem and the history to the issues.

Following is a summary of these amendments, thanks to a posting on Daily Kos.

The “Anti-Commandeering” Rule: A 1997 5-4 ruling bans Congress from ordering state officials to carry out federal duties because two county sheriffs didn’t want to carry out Brady Act-mandated background checks for firearm sales. Now people prone to violence, such as the Virginia Tech mass shooter in 2007, can easily get guns. The ruling also affects other federal laws such as emergency responses to national catastrophes and acts of terror.

Suggested amendment adding the four words in boldface to the Constitution’s Supremacy Clause: “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 and other public officials in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Political Gerrymandering: The practice of gerrymandering, loading districts with people registered in one political party, makes politicians more radical and elections less competitive, according to Stevens. A 1986 Supreme Court ruling eliminated most challenges to state legislatures controlling elections of U.S. House members: “[A] finding of unconstitutionality must [show] continued frustration of the will of a majority of the voters or effective denial to a minority of the voters of a fair chance to influence the political process.” Stevens believes that public power should not be allowed to enhance “the political strength of the majority party.”

Suggested amendment: “Districts represented by members of Congress, or by members of any state legislative body, shall be compact and composed of contiguous territory. The state shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historic boundaries or demographic changes. The interest in enhancing or preserving the political power of the party in control of the state government is not such a neutral criterion.”

Campaign Finance: Congress passed a law 108 years ago that banned all corporate contributions to political candidates; this federal law was followed by many states passing total bans of corporate activity to influence public policy. The laws were slowly reversed, culminating in the 2010 Supreme Court disaster that gave corporations the unlimited right to finance campaign speech. Feeling that they had not gone far enough, the same five justices struck down any limit on total donations a person could make to candidates four years later, giving rich persons the right to spend millions in a single election. Three “sulky Supremes”—Justices Alito, Scalia, and Thomas—annually boycott President Obama’s State of the Union speech because he disagrees with their ruling. Thanks to the Supreme Court, the two Koch brothers plan to spend almost $1 billion in the 2016 election—more than the GOP—to control the results. Stevens purports that the problem can be solved by an amendment stating that corporations are not persons and money is not speech.

Suggested amendment: “Neither the First Amendment nor any other provision of this Constitution shall be construed to prohibit the Congress or any state from imposing reasonable limits on the amount of money that candidates for public office, or their supporters, may spend in election campaigns.”

Sovereign Immunity: Citizens of one state are banned from suing another state in federal court, according to the 11th Amendment. This legal doctrine of “sovereign immunity” originated in 1400 when the king didn’t want to be sued without his consent. It shields the “sovereign,” any of the individual states, from court action by putting it above the law. Stevens disagrees and gives the argument against this amendment from Chief Justice Oliver Wendell Holmes: “It is revolting to have no better reason for a rule of law than that it was so laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since and the rule simply persists from blind imitation of the past.” Chief Justice William Rehnquist began a spate of rulings that extended sovereign immunity and weakened state compliance with national law. For example, Illinois avoided paying damages for non-compliance with a federal law for aiding aged, blind and disabled persons in 1974, and 15 years later the Rehnquist Court used this unwritten state sovereignty rule to keep Congress from authorizing the suing of a state of violating the Fair Labor Standards Act. In this case, Maine successfully refused to pay probation workers overtime. According to Stevens, state-owned institutions such as hospitals or police forces should not have a defense to federal claims that private institutions lack.

Suggested amendment: “Neither the Tenth Amendment, the Eleventh Amendment, nor any other provision of this Constitution, shall be construed to provide any state, state agency, or state officer with an immunity from liability for violating any act of Congress, or any provision of this Constitution.”

The Death Penalty: Arguments for the death penalty such as deterrence of crime are invalid, and DNA technology shows that many convicted murders, some already put to death, are innocent of the crime. Supreme Court rulings, including upholding a judge’s jury instruction to choose death when the evidence for and against it is balanced, made the death penalty more likely.

Suggested amendment adding the five words in boldface to the 8th Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments such as the death penalty inflicted.”

Gun Control: No amendment has been more debated in the past few years than the 2nd Amendment. For over two hundred years, federal judges ruled two limitations of this amendment: it applies only for military purposes; and while it limits the power of the federal government, it does not limit the power of state or local governments to regulate ownership or use of firearms. Twice, however, the Roberts Court ruled against governments trying to control gun violence. One was creating a new constitutional right for a resident in Washington, D.C. to keep a handgun in the home, and the other extended this newly-created constitutional right to states.

Suggested amendment returning the 2nd Amendment to its original meaning and the power of regulating firearms to state and local governments with the five words in boldface: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia, shall not be infringed.” 

In an interview with NPR, Stevens said:

“I think in time that what I have to say about each of these six issues will be accepted as being consistent with what the framers really intended in the first place. I think in time, reason will prevail.”

We can only hope. 

Referenced Supreme Court Cases:

  • Printz v. United States: 1997. 5-4 ruling. Bans Congress from ordering state officials to carry out federal duties. Holding: Scalia, Rehnquist, O’Connor, Kennedy, Thomas; Dissenting: Stevens, Souter, Ginsburg, Bryer.
  • Davis v. Bandemer: 1986. 7-2 ruling. Adopts a lofty and cloudy standard for unconstitutional gerrymandering. Holding: White, Brennan, Marshall, Blackmun, Burger, O’Connor, Rehnquist; Dissenting: Powell, Stevens.
  • Citizens United v. FEC: 2010. 5-4 ruling. Gives corporations the unlimited right to finance campaign speech. Holding: Kennedy, Roberts, Alito, Scalia, Thomas; Dissenting: Stevens, Ginsburg, Breyer, Sotomayor.
  • McCutcheon v. FEC: 2014. 5-4 ruling. Gives individuals the right to spend millions in a single election. Holding: Roberts, Scalia, Kennedy, Alito, Thomas; Dissenting: Breyer, Ginsburg, Sotomayor, Kagan.
  • Edelman v. Jordan: 1974. 5-4 ruling. Lets Illinois avoid paying damages for past non-compliance with a federal law for aiding aged, blind and disabled persons. Holding: Rehnquist, Burger, Stewart, White, Powell; Dissenting: Douglas, Brennan, Marshall, Blackmun.
  • Alden v. Maine: 1999. 5-4 ruling. Cites an unwritten state sovereignty rule imagined to be in the “plan of the [Constitutional] Convention” and forbids Congress to authorize suing a state for violations of Fair Labor Standards Act. Holding: Kennedy, Rehnquist, O’Connor, Scalia, Thomas; Dissenting: Souter, Stevens, Ginsburg, Breyer.
  • Baze v. Rees: 2008. 7-2 ruling. Holds that Kentucky’s three-drug death penalty system is not “cruel and unusual.” Holding: Roberts, Kennedy, Alito, Breyer, Thomas, Scalia, Stevens; Dissenting: Ginsburg, Souter.
  • Kansas v. Marsh: 2006. 5-4 ruling. Allows a judge’s jury instruction to choose the death penalty when aggravating and mitigating evidence were equal in weight. Holding: Thomas, Roberts, Scalia, Kennedy, Alito; Dissenting: Stevens, Souter, Ginsburg, Breyer.
  • United States v. Miller: 1939. 8-0 ruling. Holds that Congress can ban possession of a sawed-off shotgun because that weapon has no reasonable relation to “a well regulated Militia.” Holding: McReynolds wrote unanimous opinion; Not Involved: William O. Douglas.
  • District of Columbia v. Heller: 2008. 5-4 ruling. Overturns a Washington, D.C., law and creates a new Constitutional right for a civilian in D.C. to keep an enabled handgun at home for self-defense. Holding: Scalia, Roberts, Kennedy, Thomas, Alito; Dissenting: Stevens, Souter, Ginsburg, Breyer.
  • McDonald v. Chicago: 2010. 5-4 ruling. Overturns a Chicago handgun ban and extends the Court’s newly-created Constitutional right for a civilian to keep a handgun to the states. Holding: Alito, Roberts, Scalia, Kennedy, Thomas; Dissenting: Breyer, Ginsburg, Sotomayor, Stevens.

January 26, 2015

Universal Background Checks Necessary for Gun Safety

The local Ceasefire Oregon chapter organized a gun buy-back earlier this month. Despite naysayers from the gun non-legislation people, it was deemed a success with 138 weapons unwanted and possibly dangerous weapons turned into the police chief in my small coastal town. Fox network saw the video about the event and asked to do a story with the focus on people who said that they would gather outside the event and buy guns.

Publicity about the event brought the trollers who objected to background checks for private gun sales. The Central Coast Ceasefire Oregon Steering Committee responded to one of these complaints with stated concerns in italics:

Bob, thank you for your thoughtful response to the NOW BLOG.

Comment 1: How about starting to find common ground by not using insulting terms like “the gun lobby” to describe people who don’t support the agenda of even more restrictive laws? We aren’t a monolithic block, we aren’t a paid group of people, and we aren’t one organized group. Yet gun control advocates continue to paint us all with one wide brush.

Ceasefire Oregon uses the term “gun lobby” when we are addressing the organizations that actually lobby legislators about firearms-related issues. There is indeed a vast, well-financed, well-organized, and focused gun lobby. Nationally, the NRA, the NRA-ILA, and the Gun Owners of America lead it. In Oregon, the best known gun lobby is the Oregon Firearms Federation (OFF).

We try to use the term “gun owners” when referring to those who own firearms or enjoy firearms, but are not lobbyists. We don’t always use the term “gun owners” because we know that the vast majority of gun owners actually agree with the goals of Ceasefire Oregon.

Gun violence prevention advocates, such as the members of Ceasefire Oregon, are not a monolithic block, a paid group of people, or one organized group, either. Our unifying issue is “gun violence prevention” not gun control. We prefer the terms “gun safety” or “gun violence prevention” to describe our work.

Bob, have you an alternative to the name “gun lobby”?

Comment 2: How do you address the fact that most firearms used by criminals already evade existing [background check] laws regarding sales and very little prosecution is taking place regarding those laws? The administration’s own National Institute of Justice reports shows [sic] that most firearms are purchased on the “secondary” market; people eligible for legal purchases are illegally selling firearms to criminals.

Tragically, some gun sellers will sell guns without performing a background check first. Criminals use the private sale loophole to bypass a background check. A background check law will hold a gun seller criminally liable if the seller does not perform a background check and the purchaser was actually prohibited from buying a gun. Few people are willing to put their liberty at risk just to sell a gun to a criminal.

The state of Oregon recognized that prosecutions of those who violate Oregon’s limited background check law were inadequate.

“Effective Tuesday, June 17, 2014, at 8:00am, the Oregon State Police (OSP) will be revising the procedures related to violations of state law involving persons attempting to purchase or transfer a firearm that are denied, due to a state or federal disqualifier. This revision will include enforcement action involving persons attempting an unlawful firearms transfer through a licensed firearm dealer, during a voluntary private party check, or at a gun show.”

In addition, national law enforcement agencies and the families of those lost to gun violence are taking on the “Bad Apple Gun Dealers.” (Ninety percent of crime guns can be traced back to just 5% of gun dealers.) Here is further background information.

Please correct us if we are wrong, but by your “secondary market” reference, are you referring to straw purchases whereby one person buys weapons with the intent to sell the weapons to a prohibited person? If so, straw purchases are already illegal. This information is clearly laid out in ATF Form 4473 that is filled out when selling and purchasing a firearm.

The United States could greatly reduce straw purchases and gun trafficking by limiting gun purchases to one gun per month. California, Maryland, New Jersey and the District of Columbia already limit gun purchases to one gun in a 30-day period.

Of greatest significance to us is the fact that universal backgrounds checks have proven to deter felons, mentally ill, those caught in the passion of anger, and those caught in the despair of suicide.

Comment 3: So how will requiring background checks for “all sales” address [straw purchases]? Do you really expect criminals to stop paying friends and family to buy firearms for them? Why should I and others like me who already own firearms have to go through yet another check? Or why should I have to go through a check when I buy a firearm from someone I know from work or the range?

We have no expectations of criminals. We do, however, think that family and friends will not want to face criminal charges for supplying weapons to criminals. In addition, we think very few family and friends want to arm criminals.

We believe the truth is that criminals buy guns and a responsible gun owner does not want a criminal to have a gun. Performing a background check as a seller also protects the seller from providing a criminal with a gun.

A universal background check is a minor inconvenience of being a good citizen and caring for the overall safety of the country. Requiring only one background check per lifetime (or for a limited period of time) ignores the fact that people change over time. Maybe you did not know that your friend from work or the range was a felon or had been adjudicated mentally ill at the time of sale or vice versa? Having consistent regulations is a safeguard. We all know there some gun owners who should not have possession of guns.

Two million prohibited people have been blocked from purchasing a gun since the Brady Law was enacted in 1993.

Bob, how would you propose to stop prohibited persons from buying guns?

Comment Four: Do you mean safe storage laws like Washington D.C. had? Do you mean if a firearm is stolen, the owner will be penalized and criminalized unless that owner can prove the firearm was stored in an ‘approved’ vault?

We are sure you agree that responsible gun owners have control over their weapons. Weapons should always be stored safely or kept under control on the gun owner’s person.

Smart gun technology can greatly reduce the risk of stolen guns being used in crimes as well as reduce the risk of suicide by gunshot.

With great rights come great responsibilities. If you choose to bring a gun into your home and community, you must be responsible for it.

Comment 5: The area of mental health is an area where we can make great strides, but we should proceed cautiously. So far most of the proposals call for anyone seeking help for just about any condition or situation to loose [sic] their right to keep and bear arms. That is unacceptable and will probably keep people from seeking help.

The United States needs to do a much better job of taking care of our mentally ill citizens and those who seek mental health help. Part of that help is to prevent those who would injure themselves or others from accessing firearms. However, we are unaware of any proposal of the breadth you describe.

Again, how would you propose to stop prohibited persons from buying guns?

A speaker from Ceasefire Oregon at tomorrow night’s local NOW meeting will most likely bring out more trolls, especially after recent articles about proposed state legislation for more complete background checks. Last year, neighboring Washington state became the 17th state to extend background checks past the federal standard for only licensed gun dealers. Oregon now has a chance for the same opportunity after last fall’s election increased the number of Democrats in the state government. Senate Judiciary Chairman Floyd Prozanski plans to introduce a bill that requires background checks for criminal history and mental history before private gun sales. Excluded would be sales among family members, inheritances and antique guns.

Private gun sales accounted for about 40 percent of all purchases 20 years ago; this percentage has probably increased since then because of sales on the Internet. Law enforcement officials have said that a record of ownership for sales would help them solve crimes. States with universal background checks have lower rates of police killed with handguns, fewer women shot by their intimate partners, and lower rates of suicides with firearms.

the way of improvement leads home

reflections at the intersection of American history, religion, politics, and academic life

© blogfactory

Genuine news

Civil Rights Advocacy

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. -- Margaret Mead

AGR Daily News

Transformational News; What Works For Seven Future Generations Without Causing Harm?

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

Jennifer Hofmann

Inspiration for soul-divers, seekers, and activists.

Occupy Democrats

Progressive political commentary/book reviews for youth and adults

V e t P o l i t i c s

politics from a liberal veteran's perspective

Margaret and Helen

Best Friends for Sixty Years and Counting...

Rainbow round table news

Official News Outlet for the Rainbow Round Table of the American Library Association

The Extinction Protocol

Geologic and Earthchange News events

Central Oregon Coast NOW

The Central Oregon Coast Chapter of the National Organization for Women (NOW)

Social Justice For All

Working towards global equity and equality

Over the Rainbow Books

A Book List from Gay, Lesbian, Bisexual, and Transgender Round Table of the American Library Association

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: