Previous month:
July 26, 2020 - August 1, 2020
Next month:
August 9, 2020 - August 15, 2020

TODAY: IS A PICTURE WORTH THE ENTIRE GDP OF AMERICA?

biden-funnelX

VOTE-GOP-AMERICA

YES, THE ENTIRE GDP WILL BE CONSUMED BY THE INTEREST PAYMENTS ON THE DEBT THAT THE DEMOCRATS PROPOSE.

THAT'S WHAT YOU ARE RISKING IF THE DEMOCRATS WIN IN 2020.


“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell



THE QUEER THING ABOUT BLACK LIVES MATTER

It appears that the words “Black Lives Matter” seem as ubiquitous as pictures of Kim Jong-Un in North Korea – silently and subtly indoctrinating and normalizing their anti-America pro-communist messaging throughout the population…

There is little or no doubt in my mind that Black Lives Matter is a communist front group led by self-identified “trained Marxists” and community activists who are functioning as a “fifth column” in attempting to destroy America from within on behalf of our enemies, both foreign and domestic.

What’s the difference between displaying the slogan “Back Lives Matter” and displaying the communist red star with the hammer and sickle?

blm-wtd

What makes Black Lives Matter movement more disturbing is that famous individuals and well-known iconic companies are virtue signaling with massive donations to an organization which seeks to destroy the very economic system and culture that helped them achieve their present status.

BLM appears to be attempting to subvert our institutions (government, education, health care, judicial, etc.), destroy our economic system (capitalism in favor of socialism), and alter our culture by destroying the nuclear family and elevating a very small population such as those who self-select as any number of made-up genders.

“We disrupt the Western-prescribed nuclear family structure requirement by supporting each other as extended families and “villages” that collectively care for one another, especially our children, to the degree that mothers, parents, and children are comfortable.”<Source>

Why would anyone attempt to destroy the nuclear family, which has traditionally been at the root of stable relationships and a beneficial environment for children? A little research reveals that BLM is all about non-traditional families. 

From the start, Black Lives Matter has been about LGBTQ lives

Two of three Black Lives Matter founders identify as queer.

From the start, the founders of Black Lives Matter have always put LGBTQ voices at the center of the conversation. The movement was founded by three Black women, Alicia Garza, Patrisse Cullors and Opal Tometi, two of whom identify as queer. 

“We are a prime target because of our Blackness, and our intersectionality of being trans adds an extra target on our backs,” said Jonovia Chase, co-lead organizer of House Lives Matter, a community organization composed of sexual- and gender-minority people of color.

Chase said that although Black Lives Matter was “created by queer folks, [cisgender] privilege has taken precedent over gay and transgender people.” <Source: ABC News


“Unlike the Black Freedom Movement of the 1950’s and 1960’s, BLM is inherently a movement sustained by a politics of blackness that is, Charlene Carruthers reminds us, unapologetically feminist, womanist, and queer.” <Source>

cov

Unapologetic: A Black, Queer, and Feminist Mandate for Radical Movements by Charlene Carruthers

This 21st-century activist’s guide to upending mainstream ideas about race, class, and gender carves out a path to collective liberation.

Bottom line…

God spare us from the useful idiots who take their cue from the corrupt mainstream media and groups that hide their real intentions behind a smokescreen of high-minded rhetoric. In the case of Black Lives Matter, we can now see why they refuse to say ALL lives matter. Enough of placing this pseudo-image of the communist party on public property.

BLM is a clear and present danger to the republic and its citizens. Just ask the citizens of China, Russia, Cuba, Venezuela, and North Korea.

We are so screwed.

-- steve


“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell



PROGRESSIVE SOCIALIST DEMOCRAT INDOCTRINATION: EVERYWHERE AND ALL THE TIME

If there was any doubt in my mind that our America is under full-scale assault by the communist-infiltrated Democrats Party that is trying to divide our nation by class and race, it was abolished today by a disturbing email from the L.A. County Library.

lac-hate

Some of the suggested reading…

Intersection Allies: We Make Room for All -- This rhyming picture book offers cheerful illustrations of children with diverse identities and abilities and encourages inclusivity and celebration of differences. (Children's Picture Book)

Not My Idea: A Book About Whiteness -- Centered around a white child who sees an event of police brutality on the news and turns to his parents for answers, this is a helpful resource that addresses white privilege and provides a starting point for conversations about race and racism. (Children's Nonfiction)

I'm Not Dying With You Tonight -- When a high school football game ends in a hateful riot, two acquaintances must stick together if they want to make it out alive. As the violence escalates, Lena and Campbell find themselves encountering protests, and Campbell must come to terms with her privilege. (Teen Fiction)

Beyond Charlottesville: Taking a Stand Against White Nationalism -- Terry McAuliffe -- The former governor of Virginia tells the behind-the-scenes story of the violent “Unite the Right” rally in Charlottesville—and shows how we can prevent other Charlottesvilles from happening. (Adult Nonfiction)

America for Americans: A History of Xenophobia in the United States -- The award-winning historian reframes the ongoing debate over immigration while documenting the history and devastating impact of xenophobia in the United States. (Adult Nonfiction)

White Fragility: Why It's So Hard for White People to Talk About Race -- Robin DiAngelo -- Groundbreaking book exploring the counterproductive reactions white people have when discussing racism that serve to protect their positions and maintain racial inequality. (Adult Nonfiction)

White Rage: The Unspoken Truth of Our Racial Divide -- From the end of the Civil War to the tumultuous issues in America today, an acclaimed historian reframes the conversation about race, chronicling the powerful forces opposed to black progress in America. (Adult Nonfiction)

If you take the time to read these screeds, you will find that they have a similar perspective. One, they are anti-America and highlight that America is deeply flawed. Two, they are written from the perspective of a progressive socialist democrat. And three, they rarely tell the truth that race is being used by the progressive socialist democrats to gain power and who continue to sell race for profit.

Indoctrination of the wee ones with a coloring book -- whose Marxist teachers define “hate” and encourage them to narc on the friends and neighbors…

hate-211

Ignore those racist historians…

“So today, I'm calling for the abolishment of history classes in Illinois. We're concerned that current school history teachings lead to white privilege and a racist society.”

Illinois State Representative La Shawn Ford, a Democrat, said the current school curriculum in Illinois is “miseducating” children and overlooks the contributions to society by women and people of color. <Source>

And what might that history look like?

1619

According to a project sponsored by the New York Times, and already incorporated into some school programs, the 1619 Project claims that the United States was not founded in 1776, but founded on slavery in 1619. The project is comprised of a series of essays that “reframes” – a polite word for the Marxist political revisionism of history based on class warfare – the historical record to suggest that America was founded on the basis of slavery, that black people have done more for democracy than white people, and that capitalism was invented to oppress slaves and preserve slavery.

I am still waiting for the article that conclusively states that the Democrat Party was the party of slavery, segregation, Jim Crow, the KKK, and did more to implement and promote slavery than the GOP party which was clearly anti-slavery -- even though some of the founding fathers may have owned slaves. And that it was the Southern Democrats who seceded from the Union and was responsible for the bloody civil war that pitted brother against brother.

Bottom line…

The goal is not to educate, but to indoctrinate.

We cannot trust the communists who have embedded themselves deep within the Democrat Party as a fifth column dedicated to the destruction of America from within on behalf of our enemies, both foreign and domestic. How else can you interpret the actions of the Democrat Party and their attempt to use class and racial warfare to further weaken and divide our nation to the point where our enemies simply vote themselves into power and mandate we leave our own homes?

It is time to clean house at the local and state levels. Perhaps it is time to bring back those anti-communist restrictions?

We are majorly screwed.

-- steve


“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell



HOW INSANE IS THIS -- A TEMPORARY PELOSI PRESIDENCY?

I can think of no better reason for rallying your family, friends, colleagues, people off the street, and mail voters to provide an overwhelming, indisputable win for President Donald Trump than the thought of House Speaker Nancy Pelosi becoming the interim President of the United States. Not that it will ever happen.

PELOSI

According to the radical far-left Harvard professor Laurence Tribe, it is theoretically possible for the House Speaker Nancy Pelosi to assume the Presidency on January 20, 2021, at 12:01 p.m. if there is no clear and certified winner in the presidential election.

While there is no historical or legal precedent for this action, Professor Tribe points to Section 1 of the 20th Amendment of the Constitution…

Section 1 – Amendment XX

The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

and the natural order of succession should the President and Vice President be unable to serve…

Article II, Section 1, Clause 6

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President declaring what Officer shall then act as President, and such Officer shall act accordingly until the Disability be removed, or a President shall be elected.

Presidential Succession

Article II, Section 1, Clause 6 makes the vice president first in the line of succession and allows the Congress to provide by law for cases in which neither the President nor vice president can serve.

The Presidential Succession Act of 1947 restored the Speaker of the House and president pro tempore of the Senate to the line of succession—but in reverse-order from their 1792 positions—and placed them ahead of the members of the Cabinet, who were positioned once more in the order of the establishment of their department.

to explain how potentially Speaker of the House Nancy Pelosi could become the interim President of the United States with all rights and powers of the Office of the President.

A horrifying thought since most of President Trump’s gains have been through Executive Orders, which can be reversed the first day of office by a new president, interim, or duly elected. Of course, Tribe is a radical and has an abysmal record on his constitutional pronouncements regarding impeachment. All this presupposes that the House will remain a democrat majority and Pelosi will remain as its Speaker.

However, it is not impossible to see a president elected by Congress if one considers the historical precedent of 1876, which was the closest and most contentious election in our history, and the procedure followed by the 1824 Congress… 

The House decided which electors were legal and how electoral votes in disputed states were apportioned.

1876 United States presidential election

The results of the election remain among the most disputed ever. Although it is not disputed that Tilden outpolled Hayes in the popular vote, after a first count of votes, Tilden had won 184 electoral votes to Hayes’ 165, with 20 votes from four states unresolved: in Florida, Louisiana, and South Carolina, each party reported its candidate had won the state, while in Oregon, one elector was replaced after being declared illegal for being an “elected or appointed official.” The question of who should have been awarded these electoral votes is the Source of the continued controversy.

An informal deal was struck to resolve the dispute: the Compromise of 1877, which awarded all 20 electoral votes to Hayes; in return for the Democrats’ acquiescence to Hayes’ election, the Republicans agreed to withdraw federal troops from the South, ending Reconstruction. The Compromise in effect ceded power in the Southern states to the Democratic Redeemers, who proceeded to disenfranchise black voters thereafter.

[Once again, a demonstration that the Democrats were the party of slavery, segregation, Jim Crow, and the KKK.]

The 1876 election is the second of five presidential elections in which the person who won the most popular votes did not win the election, but the only such election in which the popular vote winner received a majority (rather than a plurality) of the popular vote. To date, it remains the election that recorded the smallest electoral vote victory (185–184), and the election that yielded the highest voter turnout of the eligible voting age population in American history, at 81.8%.  < Source>

In addition, and in spite of Tribe's assertions regarding Nancy Pelosi, consider the scenario where the Democrats retain a majority in the House and obtain a majority in the Senate, but the Presidency is still in question... 

Go back to the election of 1824 where the House of Representatives selects the President and you will see that it is not a vote of the entire House and that each state delegation gets ONE vote for the President of the United States. The size of the state nor the number of representatives matter -- ONE VOTE PER DELEGATION!  

If there are legitimate objections are made, the presidential decision is thrown to the House of Representatives. 

If the vote were taken today, the House has 22 Democrat delegation, the GOP has 26 delegations, and two delegations (MI and PA) are split between Democrats and Republicans.

If any of the states try to bollix up the works and refuse to send in the required electoral notices under the law, their vote is forfeit and the process continues without them.  The controlling federal law can be found in 3 U.S. Code § 15 -- Counting electoral votes in Congress. 

This is a complex procedure likely to be litigated to the Supreme Court. Unfortunately, Chief Justice John Roberts is every much a liberal as the man who appointed him, the liberal Republican George W. Bush. 

To create this vacant presidency scenario, the progressive socialist democrats are pushing for radical changes in voting methodology to allow for increased fraud and significant delays in vote counts.

  • No voter identification containing pictures.
  • No-wait registration.
  • Automatic registration when obtaining a drivers’ license.
  • Vote at any polling place.
  • Provisional ballots.
  • Early voting days, sometimes a period of up to 45 days (New Jersey).
  • Extended vote couniting periods.
  • Strange vote challenge rules.
  • Universal mail ballots – some without time stamps.
  • Ballot harvesting.
  • Ballots with party affiliation on the outside of an envelope.
  • Handling by partisan, non-certified, unionized mail handlers.

Several real and trial tests have indicated that universal voting by mail would be a disaster…

The Chaos in New York Is a Warning

The first large-scale test of mail-in voting in the pandemic has left one in five New Yorkers with their votes tossed out.

More than a month after New York’s June 23 primary elections, state election officials are still counting votes. In some legislative districts, they haven’t even started counting absentee votes. In the best-case scenario, election officials hope to declare winners by the first Tuesday in August—six weeks after Election Day. It might take a lot longer than that. Election officials in New York City have already invalidated upwards of 100,000 absentee ballots—about one of every five that were mailed in from the five boroughs. And furious candidates are already filing lawsuits charging discrimination and disenfranchisement.

The chaos in New York is a warning about November’s elections: Voting is being transformed by the pandemic. But no state has built new election infrastructure. No state has the time or the money to make sure vote-counting will go smoothly in November. And just about every state is about to be hit with a massive surge of absentee ballots. < Source>

Which puts President Trump’s Tweet in context…

trump-tweet

Bottom line…

Like everything out of Tribe’s mouth, his scholarship should be taken with a grain of salt. The President is right about the chaos, confusion, fraud, and inaccurate counting.

There is only one solution to stymie the progressive socialist democrats. President Trump must win by an unassailable margin that cannot be challenged by the Democrat’s legion of lawyers or be susceptible to a partisan judge’s thumb on the scale.

Did anyone actually consult the postmaster to determine that prepaid envelopes bypass the cancelation procedure and remain undated?

Mail-in voting update: Due to massive postal failures, New York will count many mailed-in ballots even if they're not postmarked by the deadline, or postmarked at all

Six weeks after the primary, no result

A federal judge ruled Monday that approximately 1,000 absentee ballots that were not postmarked by the deadline — if they were even postmarked at all — must be counted in a New York congressional primary that still hasn't been decided after six weeks, according to The New York Times. <Source>

Unfortunately, even if we manage to temporarily save the nation and halt its decline into third-world socialism, we are only kicking the can down the road by four years. We need to fundamentally reform the GOP, or we are likely to see both parties put up younger versions of corrupt, lying, professional politicians who lack core values.

And not a peep out of the corrupt mainstream media.

We are so screwed.

-- steve


“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell



ANOTHER CONGRESSIONAL LOOPHOLE THAT BENEFITS CARE PROVIDERS AND INSURANCE COMPANIES?

GOOJ

A hat-tip to Samuel Brooks, Program Manager of the National Consumer Voice for Quality Long-Term Care, for pointing out a potential loophole contained in the definitions of Senate Bill S. 4317 known as the “Safe to Work Act.” Provisions within the definitions appear to suggest that medical facilities could escape liability for wrongful actions for five years or more during the declaration of the coronavirus emergency.

They are thus receiving near blanket immunity for actions that might be considered, in non-pandemic times, malfeasance (an act that is illegal or wrongful), misfeasance (an act that is legal but improperly performed), or nonfeasance (a failure to act that results in harm).

A goal much-desired by long-term care facilities that are notorious for cost-cutting measures involving short-staffing (particularly during evening hours), inadequate training, and stinting on equipment and supplies. All of which may severely impact infection control during a time when the most vulnerable cohort of coronavirus victims are the elderly residents of adjunct medical care facilities.

Is there a loophole?

CC-2

CC-1

Here are excerpts from a letter from the National Consumer Voice for Quality Long-Term Care to Congress…

Dear Majority Leader McConnell, Speaker Pelosi, and Minority Leaders Schumer and McCarthy:

As advocates for our country’s 1.3 million nursing home residents, we write to strongly oppose the provisions in the Safe to Work Act (“S.4317”) that allow nursing homes to escape accountability for negligent care that harms or results in the death of nursing home residents during the COVID-19 pandemic. We also oppose any provisions that would make it easier for nursing homes to discriminate, under the guise of COVID-19 prevention, against residents or workers based on race, disability, sex, or national origin.

S.4317 grants blanket immunity to nursing homes from liability for all negligent care that harms residents for the next five years. In doing so, it endorses the provision of care to nursing home residents that departs from established standards and allows nursing homes to provide that care without fear of repercussion. S.4317 is harmful and unnecessary. It will imperil nursing home residents and further perpetuate the horrific effects the crisis is having on residents and families across the country.

The devastation in nursing homes could have been prevented. Over 59,000 residents of long-term care facilities have died from COVID-19 since the pandemic began. It is increasingly becoming clear that nursing homes that experienced high infection rates and deaths from COVID-19 were facilities with histories of inadequate infection procedures, low staffing, and a higher number of violations. The Centers for Medicare & Medicaid Services has stated that there is a connection between poor quality homes and COVID-19 outbreaks and research supports this conclusion. A report released by the General Accountability Office in May detailed how, prior to the pandemic, 82% of facilities in the United States had been cited for infection control violations, with over half of those having persistent problems. In addition, two recent studies show that facilities with histories of inadequate staffing and poor quality ratings experienced higher numbers of COVID-19 infections in their facilities.

S.4317 does not just excuse negligent care that results in harm to residents from COVID-19. Almost all harm that may befall a resident, be it malnutrition, failure to provide necessary medicines, or potentially even abuse will be excused under S.4317. Making matters even worse, S.4317 proposes to extend immunity for the next five years, meaning that current and future nursing home residents must reside in facilities that can disregard safety and health standards with impunity until 2024.

Importantly, nursing homes already have sufficient protections from lawsuits. Nursing homes that made good faith efforts to comply with standard practices and to obtain necessary equipment, but were unable to do so due to shortages, will avoid liability because they acted reasonably. Consequently, the Safe to Work Act is not about protecting nursing homes who fell victim to supply shortages due to the pandemic, but about protecting homes that provided poor quality care during the crisis that harmed or killed nursing home residents.

Legal liability has always functioned as a safeguard for nursing home residents by incentivizing nursing homes to provide quality care and comply with laws and regulations. It has served as a silent overseer of nursing homes who know that individuals in this country will not stand for neglect and inadequate care. Due to lockdowns, this oversight is even more important, as residents are deprived of the protection of their families, nursing home ombudsmen, protection and advocacy agencies, and nursing home regulators. Judicial recourse is one of the last remaining protections for residents. S.4317 removes this safety net and places nursing home residents in jeopardy at a time when they are the Americans suffering most from the COVID-19 outbreaks. As a nation, we cannot tolerate rewarding nursing homes for years of cost-cutting and profit-maximizing by relieving them of responsibility.

We urge you to reject immunity, and instead send a message that our country will not tolerate negligent care of our parents, grandparents, friends, and neighbors. They deserve better.

The letter is signed by…

  • California Advocates for Nursing Home Reform
  • The Center for At-Risk Elders
  • Center for Independence of the Disabled
  • Center for Medicare Advocacy
  • Center for Public Representation Justice in Aging
  • Law Firm of D.F. Truhowsky
  • The Long Term Care Community Coalition
  • National Association of Local Long-Term Care Ombudsman
  • National Academy of Elder Law Attorneys
  • National Association of State Long-Term Care Ombudsman Programs
  • The National Consumer Voice for Quality Long-Term Care
  • National Disability Rights Network
  • New York Association on Independent Living
  • Rivera & Shackleford, P.C.
  • Service Employees International Union

The full letter, in context, may be found here.

A subject matter brief may be found here.

Bottom line…

Americans should always have access to remedies in law. It is up to attorneys, as officers of the court, to discourage frivolous or meritless lawsuits. In many cases, filing a legal action is not about recovering monetary damages, considering that most residents are retired or disabled and are near the end of their lives – but to hold individuals and facilities accountable for their actions on behalf of others who are similarly situated.

Let your federal legislators know how you feel.

-- steve

P.S. Disclaimer: My sister has been a California State-Certified Ombudsman for almost ten years.


“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell



IS THE GOVERNMENT RESPONSIBLE FOR THE LOSS OF YOUR INCOME?

A reader asked, “Why can’t Whitmer [Michigan] and the other Governors be charged under this law? Title 18, U.S.C. Section 242.”

While local and state governments generally have the right to enact and enforce emergency powers to protect the health and safety of their constituents, there are constitutional limitations on the application of those powers…

Most citizens believe that local and state emergency pandemic management plans which control the behavior and movement of people or the conduct of commerce when “necessary for the preservation of life” are absolute and must be rooted in guidance from generally accepted [health] authorities who purport to be guided by the best science available.

And that to base any action to convey a political advantage to a specific politician or political party, especially if those actions resulted in harm to the public, may be a criminal violation of the United States Constitution under TITLE 18, U.S.C., SECTION 242.

The arguments for imposing and maintaining restrictions that infringe on a citizen’s constitutional rights must be overwhelmingly and compelling, supported by some basis in fact for such infringements to be lawful.

For those mayors and governors who are applying provisional emergency powers on a selective basis, we may have a constitutional crisis. Some examples would include: demanding the closure of small business establishments, many of which have taken steps to mitigate exposure to the coronavirus, while allowing larger establishments to remain open to the public; declaring some individuals to be “essential workers” and others restricted from earning a living, and allowing mass protests but not allowing the constitutionally protected right to worship. We may find violations of our fundamental First Amendment freedoms, Second Amendment right to bear arms, and, of course, violations of due process and equal treatment under the law.

And, as a subsidiary issue, promulgating systems and procedures which provide a false and misleading picture of the ongoing emergency should also be deemed to be a criminal violation of the law, especially if those rules and regulations incentivize false reporting for financial or political purposes. This brings to mind Albert Einstein: “The right to search for the truth implies also a duty; one must not conceal any part of what one has recognized to be true.” 

The central question yet to be answered by the local, state, or federal legislature or the courts is, “where does governmental authority stop?” Especially when one can point to the disparate impact of rules and regulations, city by city, county by county, and state by state?

The law the reader cited was criminal law and unlikely to be charged…

djj

TITLE 18, U.S.C., SECTION 242

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

SUMMARY:

  • Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

    For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

    The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death. <Source>

But, what if the continued enforcement of emergency provisions is not grounded in science, the science is accidentally or deliberately misinterpreted, or the action is taken for political advantage?

Can any hyper-partisan politician or government entity make a claim to have acted in good faith?”

Beyond the political necessity of the progressive socialist democrats to implement extended ballot submission times, nationwide mail-in balloting, counting without strict time limits to convey a political advantage to a party that is about to nominate a candidate physically and mentally unfit to assume the Presidency of the United States, what if mayors and governors were deliberately crippling the economy to tap into public funds to redress decades of systemic budgetary fraud, waste, and abuse – not to mention unfunded liabilities that would technically render a city or state insolvent?

Good faith would require people of goodwill.

However, a civil charge may be supported …

42 U.S. Code § 1983.Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

(R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct. 19, 1996, 110 Stat. 3853.)

A small Hatfield, Pennsylvania-based company, Schulmerich Bells, a maker of handmade bells and chimes,  has filed a federal lawsuit challenging the constitutionality of Pennsylvania Governor Thomas Wolf’s order indefinitely closing all “non-life-sustaining” businesses during the COVID-19 outbreak. The action is based on VIOLATION OF THE TAKINGS CLAUSE—42 U.S.C. §1983.

“The Governor and the Secretary have seized without compensation the property of businesses and the livelihoods of individuals across the Commonwealth, forcing indefinite closures and widespread layoffs. These uncompensated seizures violate the Takings Clause of the Fifth Amendment, made applicable to States through the Fourteenth Amendment, and also violate well-established notions of Substantive and Procedural Due Process. Plaintiffs respectfully request that this Court (i) declare the Governor’s actions unconstitutional, and (ii) order the payment of just compensation.” (IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA; Case 2:20-cv-01637 Filed 03/26/20)

Bottom line…

I do not know the outcome as I am a constitutional conservative, not a constitutional attorney. But, what I do know is that a single political party, the Democrat Party, has done grave damage to the Republic and its citizens. Damage whose effects are likely to be felt for decades. And, almost unimaginable damage to America should these very same Democrats find themselves in power – leading to the permanent destruction of our Constitutional freedoms and any semblance of being a nation of laws applied fairly and equitably to all citizens regardless of their class or creed.

In the final analysis, it all comes down to the words of Benjamin Franklin, “Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.”

We are so screwed.

VOTE-GOP-AMERICA

-- steve (writing in the land of the freeish)


“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell



FOR ALL OF THE UNDECIDED VOTERS AND THOSE DEMOCRATS WHO STILL IDENTIFY AS AMERICANS

This may be the week in which Joe Biden will announce his choice for Vice President…

There is no doubt in my mind that Joe Biden is mentally and physically unfit to serve as the President of the United States and that his choice of Vice President will be tantamount to electing an unelected individual who will legally assume the Presidency in the near future and then select another unelected individual as the Vice President. Forever changing the character of the Office of the President and placing the United States in grave peril.

For all of the undecided voters and those Democrats who still identify as America-loving Americans…

biden-flag

Bottom line…

Should Joe Biden be nominated to serve as the President of the United States, our country may never recover from the damage done to our Constitution, our military, our economy, and our personal freedoms. Consider the tyranny we are witnessing during this pandemic when governors and mayors continue to violate our rights based on nothing more than their desire for power.

We are so screwed.

VOTE-2020

Forget the GOP, there will be an unrecognizable country by 2024. Massive unemployment. Unions controlling the remaining jobs. Bigger government, higher taxes, and fewer freedoms.

-- steve 


“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell