IRS employees lying/misleading statements. Your tax $ at work.

FactCheck.org on IRS officials' veracity.  Getting paid for lying. Your tax $ at work.

Bloomberg and Obama risk Democratic Unity: Going after Dems who didn't vote for gun control.

NYC mayor Michael Bloomberg's obsession with gun control has moved him to
spend money to support defeat of Dem Senators who failed to support gun control.  Some fear this could threaten the Dem. majority in the Senate.  Obsessed people are always problemmatic; those who are billionaires are time bombs waiting to explode.
" . . . Obama’s own political organization, Organizing for Action (OFA), has promised to bring pressure on the four defecting Democratic senators—Pryor, Begich, North Dakota’s Heidi Heitkamp and Montana’s Max Baucus. Jon Carson, the head of OFA, has said his volunteers are less concerned about hurting the reelection chances of Democrats than getting a background check bill through Congress. In recent weeks, the group has held phone banks in Alaska, Arkansas and North Dakota to inform residents of their Democratic senators’ votes against more gun control. OFA volunteers have also protested outside Baucus’s office in Bozeman, even though Baucus has announced that he will not run for reelection after his term expires."




Read more: http://swampland.time.com/2013/05/28/bloombergs-gamble-risking-the-democratic-senate-majority-for-gun-control/#ixzz2UcRD5icd

Obama Admin. Power Grab?

CHILLING FOLLOW UP ON A PRIOR POST.  I guess Obama got scared by all the anti-gun control protests.
"[snip] ...The lines blurred even further Monday as a new dynamic was introduced to the militarization of domestic law enforcement. By making a few subtle changes to a regulation in the [CFR] titled “Defense Support of Civilian Law Enforcement Agencies” the military has quietly granted itself the ability to police the streets without obtaining prior local or state consent, upending a precedent that has been in place for more than two centuries. The most objectionable aspect of the regulatory change is the inclusion of vague language that permits military intervention in the event of “civil disturbances.” According to the rule: “Federal military commanders have the authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances.” … ( I notice an apparent anomaly in this excerpt: The United Sates Code [USC] is composed of statutes – enacted by Congress. Agency regulations are often part of the United States Code of Federal Regulations [CFR]. Then there are such compendia as Army Regulations, etc.). [snip]"

Thanks to Prof. Joseph Olson.

Obama Admin. attack on First Amendment rights on campus? (NEW LINK)

According to FIRE:
"In a shocking affront to the United States Constitution, the U.S. Departments of Justice and Education have joined together to order that virtually every college and university in the United States establish unconstitutional speech codes that violate the First Amendment and decades of legal precedent. In a letter yesterday, the government mandated a breathtakingly broad definition of sexual harassment that makes virtually every student in the United States a harasser, completely ignoring the First Amendment."

Appears to be another example of left-wing political correctness trumping the Bill of Rigths.  This may be a false alarm, (FIRE is usually reliable). However,  false alarms are better than no alarms when the Bill of Rights in involved.  Stay tuned.

TX House approves licensed concealed carry on state college campuses

The Texas House approved licensed concealed carry in state college campus buildings.The bill faces an uncertain future in the state Senate.  A similar bill last year seemd destined to pass until many University Presidents had a hissy fit. Stay tuned!
Note: under current law licensed concealed carriers can carry on campus grounds, but not in buildings.  This bill allows licensed concealed carriers to carry in buildings.
Opponents apparently believe that somehow, license concealed carriers will become homicidal maniacs once they enter a building.

Latest data on gun crime

The latest report from BJS re Firearms crime:


“Among the highlights of this report:

• Firearm-related homicides declined 39%, from 18,253 in 1993 to 11,101 in 2011.

• Nonfatal firearm crimes declined 69%, from 1.5 million victimizations in 1993 to 467,300 victimizations in 2011.”

Both firearms related homicides and nonfatal firearms crimes declined in spite of the fact that lawful concealed carrying and the number of firearms in society increased markedly during that period. This is the kind of data that gun-controllers don’t talk about. Guns don’t cause crime and gun control will not bring down gun crime. It’s about time people realize that gun control is not really about crime control. It’s part of American’s culture wars and a symbolic crusade (a la Joseph Gusfield) to give a symbolic status victory to one part of American society. Politicians need to pretend that they have solutions to get re-elected. Unfortunately, gun control is a make-believe (let’s pretend) panacea that threatens an important provision in the Bill of Rights.

With regard to how criminals obtain firearms:

“In 2004 (the most recent year of data available), among state prison inmates who possessed a gun at the time of the offense, fewer than two percent bought their firearm at a flea market or gun show. About 10 percent of state prison inmates said they purchased it from a retail store or pawnshop, [Apparently they were legally eligible at the time of purchase] 37 percent obtained it from family or friends, and another 40 percent obtained it from an illegal source.”

Does anyone really think that expanding background checks is going to keep guns out of the hands of criminals? ?There are hundreds of millions of firearms in Ameircan society and the number is rapidly increasing.  The "genie" is already out of the bottle, and the "horse," fled the barn long before anyone even though of closing the barn door.   Expanding the checks will probably mean that criminals (or those with criminal intent) will bypass these outlets and move directly to friends or family.  Although the extent of the problem is unknown, criminals sometimes 'rent' guns from other criminals. 

IL Public Housing Residents get 2nd Amend Victory

One of the most disgraceful and discriminatory forms of gun control is that which attempts to keep firearms from the homes of  public housing residents. These types of laws are not new and many go back to the start of public housing projects.  Does any sane person really think gang members, drug dealers and other criminals who live in public housing are going to give up their weapons? The real victims here are law-abiding residents who live in a constant state of fear.  Of course, such legislation should provide insight into how leaders view law abiding public housing residents.  PH residents won their 2nd Amend. suit in IL, to be treated like everyone else when it comes to 2nd Amend rights.  This is an example of what happens when the rules are made by limousine liberals who reside safe neighborhoods and don't have to live in PH.

Texas Prosecutor to Face Criminal Charges Over Convicting an Innocent Man

Research suggests that misconduct by prosecutors is rampant, and conviction of innocent people is much too frequent. However,  little is ever done. this TX D.A. will  face criminal charges.  Let's hope this is the start of a trend.

O'Connor regrets Bush v. Gore decision

You rarely hear a retired S.Ct. Jusitce admit regret over a decision.  This regret is justified.  Although I "liked" the result in that it set up a  Bush win, I thought the Court was wrong to get involved and the majority opinion was a disaster.  (Another example, I liked the result in Griswold v. Connecticut--consitutional right to "privacy,"  But, the Court's opinion--"penumbras, mis-reading of prior cases, etc.--was a 'joke.") Perhaps unbelievably, the level of trust for the Court and Court's prestige recovered from Bush v. Gore.

Travis County (Austin) TX DA gets 45 day jail sentence.

The District Attorney for Travis Cty (Austin) TX was sentenced to 45 days in jail. Seems harsh for a first-time offender.  However,  her immediate post-arrest conduct was irresponsible, at best. .  As is often the case,  recent, post-arrest conduct has been exemplary. She is not currently planning on resigning.  Don't these people have any sense of integrity?  She should resign.

No Miranda Warmings for (alleged) Boston Marathon Bomber

In a controversial decision, the feds have decided that the surviving suspect in the Boston Marathon bombing will not get Mirands warning.  They rely on the " public safety" exception.  Whether or not this is such a case is open for debate as there is no evidence of bombs elsewhere. Further, such questioning must be limited to public safety issues, not direct questions about the crimes.  However, if anything incriminating comes out in answers to these questions, it is admissible.  With a gunshot wound to the throat and his medical consdition, it may be a while before interrogation can take place.  Further, if he gets an attorney before interrogation starts, that attorney almost assuredly will advise against saying anything--Miranda warnings or not.   This may turn out to be a moot issue.

Surprise: Boston bombing suspects did not have gun licenses, could not legally have purchased handguns

I know it may be hard for some to believe, but these (alleged) criminals wantonly failed to follow state and federal law on firearms. If we only had more laws, these folks would have been deterred from carrying and using guns during their murderous spree.

Female TX DPS trooper indicted for sexual assault for outrageous body cavity search.

If there wasn't a video and an indictment, I'd say this can't possible be true. There is absolutely no justification for these 2 body-cavity searches by the side of the road.  How did this officer think she was going to get away with this.  Video included.  The full, unedited video is here.  Notice there appears to have been no glove change and one victim clearly indicates that she has been violated both vaginally and anally.  Also unbelievable is that the male trooper appears to be an accomplice.  Finally, not only are these two cops sociopathic, they are also stupid.   Why do this in front of the car camera? Did they think the agency would cover for them? What kind of folks is DPS hiring and allowing to go out on patrol? Any you wonder why some people don't trust governments.  Stay tuned.

Cops surveyed on gun control, gun rights, etc.

In contrast to police chiefs who are usually beholden to Mayors who tend to be anit-gun (e.g. NYC's Bloomberg), ordinary cops are more free to be open-minded. They are the ones on the front lines.See this survey's results.

New fedeal rule on military response to civil disturbances.

FWIW: food for thought.  Why now? 

"SECRECY NEWS


from the FAS Project on Government Secrecy

Volume 2013, Issue No. 38

April 16, 2013



Secrecy News Blog: http://blogs.fas.org/secrecy/





DEFENSE SUPPORT OF CIVILIAN LAW ENFORCEMENT AGENCIES



In last Friday's Federal Register the Department of Defense published a final rule on Defense Support of Civilian Law Enforcement Agencies. The rule specifies and defines the support that DoD may provide to federal, state and local law enforcement agencies, "including responses to civil disturbances."



"The President is authorized by the Constitution and laws of the United States to employ the Armed Forces of the United States to suppress insurrections, rebellions, and domestic violence under various conditions and circumstances," the new rule states.



"Planning and preparedness by the Federal Government, including the Department of Defense, for civil disturbances is important due to the potential severity of the consequences of such events for the Nation and the population. The employment of Federal military forces to control civil disturbances shall only occur in a specified civil jurisdiction under specific circumstances as authorized by the President, normally through issuance of an Executive order or other Presidential directive authorizing and directing the Secretary of Defense to provide for the restoration of law and order in a specific State or locality."



The new rule, which forms part of the Code of Federal Regulations, is almost identical to DoD Instruction 3025.21 on "Defense Support of Civilian Law Enforcement Agencies" that was issued on February 27, 2013 (noted by Public Intelligence on April 11)."

Thanks to John Newsome for the link.

Lack of First Amendment Protection for Second Amendment Advocacy.

Much of higher ed and public schools are infected with anti-gun, anti-Second Amendment and anti-freedom of speech on topics inconsistent with left-wing political correctness. The FIRE website lists many such incidents in higher ed.This website is a must for anyone interested in First Amendment rights on college campuses) Here is a specific example.This 8th grader was arrested and suspended.  It appears to be me that his First Amendment rights were violated.   There are a number of other of public school exmaples.

Bill Maher: "The Second Amendment is Bullshit"

More anti-civil liberties authoritarianism from the Left. I wonder what's next in the Bill of Rights to be dismissed as BS?  This kind of talk only polarizes the nation and, for better or worse, drives more people who care about civil liberties into the NRA. This kind of talk only strenthens the beliefs of many that they cannot trust government to respect their constitutional rights.  At least Maher has the courage to say what many of the Left think but lack the courage to say. 

Predicting student dangerousness

Can/higher ed predict which students will be dangerous on campus?  This study suggests, preliminarily, that the answer is no.  However more rigorous research with more variable needs to  be conducted.  Perhaps surprisingly, this study also notes:

"According to a national survey in 2010, more than 60 percent of colleges consider applicants' criminal histories in admissions decisions, but only half of those colleges have formal policies on how to do so, and only 38 percent of admissions staffs receive training on interpreting criminal records."

These kinds of sloppy policies and procedures only invite lawsuits.  Sometimes I wonder about the leadership at some of these places. 

4th Amend Victory at Supreme Court

Although the 4th Amend., the exclusionary rule and civil remedies against police for 4th Amend. violations have taken some big hits in the Roberts Court, there are some victories.

WARRANTLESS DRAWING OF BLOOD OF DWI ARRESTEE CANNOT BE JUSTIFIED SOLELY/AUTOMATICALLY ON THE ARGUMENT THAT BLOOD ALCHOL LEVELS NATURALLY DIMINISH OVER TIME.  (THERE IS NO AUTOMATIC EXCEPTON TO THE USUAL REQUIREMENT OF A WARRANT JUST BECAUSE THIS IS A DWI CASE AND THE ALCOHOL LEVEL NATURALLY DIMINISHES OVER TIME.)   ADDITIONAL FACTS ARE NECESSARY TO JUSTIFY THE WARRANTLESS DRAWING OF BLOOD




MISSOURI, PETITIONER v. G. MCNEELY

569 U.S.___ (2013

Decided April 17, 2013





SYLLABUS (edited)

Respondent McNeely was stopped by a Missouri police officer for speeding and crossing the centerline. After declining to take a breath test to measure his blood alcohol concentration (BAC), he was arrested and taken to a nearby hospital for blood testing. The officer never attempted to secure a search warrant. McNeely refused to consent to the blood test, but the officer directed a lab technician to take a sample. McNeely’s BAC tested well above the legal limit, and he was charged with driving while intoxicated (DWI). He moved to suppress the blood test result, arguing that taking his blood without a warrant violated his Fourth Amendment rights. The trial court agreed, concluding that the exigency exception to the warrant requirement did not apply because, apart from the fact that McNeely’s blood alcohol was dissipating, no circumstances suggested that the officer faced an emergency. The State Supreme Court affirmed, relying on Schmerber v. California, 384 U. S. 757, 86 S. Ct. 1826, 16 L. Ed. 2d 908, in which this Court upheld a DWI suspect’s warrantless blood test where the officer “might reasonably have believed that he was confronted [*2] with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence,’” id., at 770, 86 S. Ct. 1826, 16 L. Ed. 2d 90. This case, the state supreme court found, involved a routine DWI investigation where no factors other than the natural dissipation of blood alcohol suggested that there was an emergency, and, thus, the nonconsensual warrantless test violated McNeely’s right to be free from unreasonable searches of his person. The U.S. Supreme Court agreed.

Held: The judgment is affirmed.

358 S. W. 3d 65, affirmed.

JUSTICE SOTOMAYOR delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, concluding that in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. Pp. 4-13, 20-23.

(a) The principle that a warrantless search of the person is reasonable only if it falls within a recognized exception, see, e.g., United States v. Robinson, 414 U. S. 218, 224, 94 S. Ct. 467, 38 L. Ed. 2d 427, applies here, where the search involved a compelled physical intrusion beneath McNeely’s skin and into his veins to obtain a blood sample to use as evidence in a criminal investigation. [*3] One recognized exception “applies when ‘ “the exigencies of the situation” make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable.’” Kentucky v. King, 563 U. S. ___, ___, 131 S. Ct. 1849, 179 L. Ed. 2d 865. This Court looks to the totality of circumstances in determining whether an exigency exits. See Brigham City v. Stuart, 547 U. S. 398, 406, 126 S. Ct. 1943, 164 L. Ed. 2d 650. Applying this approach in Schmerber, the Court found a warrantless blood test reasonable after considering all of the facts and circumstances of that case and carefully basing its holding on those specific facts, including that alcohol levels decline after drinking stops and that testing was delayed while officers transported the injured suspect to the hospital and investigated the accident scene. Pp. 4-8.

(b) The State nonetheless seeks a per se rule, contending that exigent circumstances necessarily exist when an officer has probable cause to believe a person has been driving under the influence of alcohol because BAC evidence is inherently evanescent. Though a person’s blood alcohol level declines until the alcohol is eliminated, it does not follow that the Court should depart from careful case-by-case assessment of exigency. When [*4] officers in drunk-driving investigations can reasonably obtain a warrant before having a blood sample drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so. See McDonald v. United States, 335 U. S. 451, 456, 69 S. Ct. 191, 93 L. Ed. 153. Circumstances may make obtaining a warrant impractical such that the alcohol’s dissipation will support an exigency, but that is a reason to decide each case on its facts, as in Schmerber, not to accept the “considerable overgeneralization” that a per se rule would reflect, Richards v. Wisconsin, 520 U. S. 385, 393, 117 S. Ct. 1416, 137 L. Ed. 2d 615. Blood testing is different in critical respects from other destruction-of-evidence cases. Unlike a situation where, e.g., a suspect has control over easily disposable evidence, see Cupp v. Murphy, 412 U. S. 291, 296, 93 S. Ct. 2000, 36 L. Ed. 2d 900, BAC evidence naturally dissipates in a gradual and relatively predictable manner. Moreover, because an officer must typically take a DWI suspect to a medical facility and obtain a trained medical professional’s assistance before having a blood test conducted, some delay between the time of the arrest or accident and time of the test is inevitable regardless of whether a warrant is obtained. The [*5] State’s rule also fails to account for advances in the 47 years since Schmerber was decided that allow for the more expeditious processing of warrant applications, particularly in contexts like drunk-driving investigations where the evidence supporting probable cause is simple. The natural dissipation of alcohol in the blood may support an exigency finding in a specific case, as it did in Schmerber, but it does not do so categorically. Pp. 8-13.

(c) Because the State sought a per se rule here, it did not argue that there were exigent circumstances in this particular case. The arguments and the record thus do not provide the Court with an adequate framework for a detailed discussion of all the relevant factors that can be taken into account in determining the reasonableness of acting without a warrant. It suffices to say that the metabolization of alcohol in the bloodstream and the ensuing loss of evidence are among the factors that must be considered in deciding whether a warrant is required. Pp. 20-23."



JUDGES: SOTOMAYOR, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, in which SCALIA, KENNEDY, GINSBURG, and KAGAN, JJ., joined, and an opinion with respect to Parts II-C and III, in which SCALIA, GINSBURG, and KAGAN, JJ., joined. KENNEDY, J., filed an opinion concurring in part. ROBERTS, C. J., filed an opinion concurring in part and dissenting in part, in which BREYER and ALITO, JJ., joined. THOMAS, J., filed a dissenting opinion.



OPINION BY: SOTOMAYOR

Another Attack on the 2nd Amend from the Authoritarian Left

This genius appears to be blaming the 2nd amendment for violence in our society and the Boston bombing.  I wonder what he'll blame on the First Amendment.  This is the kind of mentality that endangers civil liberties and a free society.

National Right to Carry Reciprocity Act back on burner?

The federal national right to carry reciprocity act died when it was filibustered in the Senate.  Many of these who voted against ending the filibuster on that bill complained about filibustering about new gun control proposals. Hypocrisy is rampant on Capitol Hill.  (The rule is good for us but bad when used by our opponents.)  However, there is a chance national right to carry may be added to gun control bills in the Senate  Stay tuned! 

Insane Spending by Congress

Why do American voters and taxpayers put up with this from our Congress? This quote  isfrom Time Magazine (which usually leans left). Perhaps it’s time people and the left-leaning media stop demonizing the Tea Party and start listening a little.  Perhaps those concerned about economic inequality need to look at how these programs contribute to that problem, and then go after them.




“Some federal largesse--tax breaks for NASCAR racetracks ($40 million) and subsidies for rum distilleries ($172 million) and rural airports ($200 million)--is just silly. There's no reason my poker buddies should be able to deduct the gambling losses I inflict on them once a month. (Just kidding, guys!)

The silliest handouts that brighten my morning are the boondoggles that funnel billions to America's cotton and grain farmers and maybe knock a few cents off the price of my T-shirts and my kids' breakfast waffles. Uncle Sam sends at least $15 billion every year to farmers and agribusinesses in the form of grants, loans, crop insurance and other goodies.”

The farm lobby is so omnipotent in Washington that when the World Trade Organization ruled that U.S. handouts give our cotton farmers an unfair advantage over Brazil, the U.S. cut a deal to shovel $147 million a year to Brazilian cotton farmers rather than kick our own farmers off the dole. Our food and clothing may seem cheap, but, oh, we pay for them.”

[Let’s go over this again: U.S. Taxpayers gave, and will give, Brazilian cotton farmers $147 per year so we can keep on giving millions to American cotton farmers? This is INSANE]

TIH: 4/16

2007


On April 16, 2007, a student killed 32 people on the campus of Virginia Tech in Blacksburg, Va., before taking his own life in the deadliest shooting rampage in modern U.S. history.

Comment:One could surmise that had there been some alert people legally carrying concealed handguns, the death toll might have been less.
1992

The House ethics committee listed 303 current and former lawmakers who had overdrawn their House bank accounts.

Comment:  One incident in a history of scandal and outrage after scandal and outrage, yet Congress never gets cleaned up. Why is this?  Perhaps because they are very good at distracting the public and media  with hot-button issues and make-believe solutions.

U.S. Supreme Court again Passes on a 2nd Amend Case

Many are frustrated by the U.S. Supreme Court's refusal to accept cases that will clarify the law on the Second Amendment.  This case (Kachalsky v. Cacace) would have given the Court the opportunity to clarify the law on "bearing" weapons for defensive purposes outside the home and licensing for carry outside the home.  Disagreements between Courts of Appeals on important points of law, often trigger Supreme Court review.  None have so far.  At some point, such delays become inexcusable and a dereliction of duty.

Another sickening rape case

With advent of new media and communications, many rape victims are victimized at least twice.  The attack and then the electronic humiliation. In this case, photos and texts circulated after the attack on a 15-year old who passed out drunk.  At least one offender wrote on the girl's body with a marker.  These types of incidents seem to becoming a trend (e.g. Steubenville, OH).  Rape has been around forever, but where have society and the parents of young men gone wrong?

Abortion Clinic Prosecutions

The charges involve death of a woman and alleged killing of babies allegedly born alive.

Assassination attempt on "America's toughest Sheriff"

Authorities say a package addressed to controversial AZ Sheriff Joe Arpaio would have exloded when opened.

New W. TX border crossing

In this age of heightened border and anti-terrorism security, you wouldn't expect the re-opening of an old, closed border crossing to Mexico.  This one is in Big Bend National Park in Texas.

TX bill to prevent convicting the Innocent

The Texas Senate passed the "Michael Morton Act," which is designed to try to help prevent conviction of the innocent.  The act is named after a Texas man who served 35 years in prison for a murdre he did not commit.  Let's hope this bill becomes law.

National Police Misconduct Reporting Project

For perhaps obvious reasons, government does not collect, compile and publish comprehensive data on police misconduct.  The Cato Institute's "National Police Misconduct Reporting Project,"  attempts to deal with this gap.

I cannot comment one way or the other on the accuracy of their data. However, some caveats are in order: (1) a police officer who is arrested is entitled to the presumption of innocence, like all suspects.  An arrest is not proof of guilt. (2) The media always tend to focus on the bad side of human behavior (e.g. "if it bleeds, it leads"). (3) the corrupt cop is no more representative of the profession than the murdering gun owner is represenative of gun owners in general. (4) Does anyone know of a website on the good things that happen in policing?