Big Win for the 1st / Big Loss for David French

5th circuit – Biden White House, FBI likely violated the first amendment

TWITCHY!

While the Second Amendment is being violated in Arizona, we are getting news tonight that the First Amendment is being honored in the Fifth Circuit court of appeals.

Previously, we told you about Missouri v. Biden. As we said on July 4 of this year when the district court issued an injunction:

This is huge deal. This is potentially a landmark case on how the First Amendment applies in the age of social media[.]

We also covered that case herehere and here.

Generally speaking, it is widely believed that social media is free to censor people as they see fit. We believe there might be some legal arguments that can be made against that, but that is a common belief. ‘They’re just private companies making their own decisions’ is the argument offered by people defending this censorship. For instance, here’s uber-weenie David French making that argument:

We have suspected for years that this was French just running interference, and that, in fact, he likes Internet censorship. Recently, he confirmed our suspicions: 

Antisemitism speech is free speech, however vile it can be. So French is upset that Twitter/X is allowing for free speech. We would rather have people feel free to say vile things then have someone decide what kind of speech is allowed.

But the other retort to the French view is presented in Missouri v. Biden, because the argument in that case is that the social media companies were not simply acting on their own. Private action can become government action, under the right circumstances—the most obvious being when the government coerces the private action. The lower court found that various social media companies—like Twitter/X, Meta/Facebook and Google/YouTube were—were not censoring based on their own desires, but because of illegal government pressure. As a result, the District Court issued a preliminary injunction, prohibiting a broad range of communication by the government, and it applied nationwide. If you have been on social media since then, this order protected your right to free speech.

The Biden administration appealed and tonight they largely lost. The Fifth Circuit largely upheld that order, explaining that this was the standard for when private action became state action.

The government cannot abridge free speech. U.S. Const. amend. I. A private party, on the other hand, bears no such burden—it is ‘not ordinarily constrained by the First Amendment.’ Manhattan Cmty. Access Corp. v. Halleck, 139 S. Ct. 1921, 1930 (2019). That changes, though, when a private party is coerced or significantly encouraged by the government to such a degree that its ‘choice’—which if made by the government would be unconstitutional, Norwood v. Harrison, 413 U.S. 455, 465 (1973)—’must in law be deemed to be that of the State.’ Blum v. Yaretsky, 457 U.S. 991, 1004 (1982); Barnes v. Lehman, 861 F.2d 1383, 1385–36 (5th Cir. 1988). This is known as the close nexus test.

They also found that the Plaintiffs, including many doctors, state officials and even the Gateway Pundit had met the requirement that there be a sufficient threat of irreparable harm:

We agree that the Plaintiffs have shown that they are likely to suffer an irreparable injury. Deprivation of First Amendment rights, even for a short period, is sufficient to establish irreparable injury. 

So, they largely upheld the lower court’s order. They did tighten up the list of officials being enjoined and they clarified the language so it clearly prevented both coercion and ‘significant encouragement’ as the law prohibits. This means that the Biden administration can ask nicely for censorship but can’t engage in the kind of pressure campaigns it has in the past…..

 

Is Gun Culture “Driven” By Christians?

For countries AND FOR soft sites like schools… the application is still the same:

Since the dawn of the atomic age, we’ve sought to reduce the risk of war by maintaining a strong deterrent and by seeking genuine arms control. “Deterrence” means simply this: making sure any adversary who thinks about attacking the United States, or our allies, or our vital interests, concludes that the risks to him outweigh any potential gains. Once he understands that, he won’t attack. We maintain the peace through our strength; weakness only invites aggression.

This strategy of deterrence has not changed. It still works. But what it takes to maintain deterrence has changed. It took one kind of military force to deter an attack when we had far more nuclear weapons than any other power; it takes another kind now that the Soviets, for example, have enough accurate and powerful nuclear weapons to destroy virtually all of our missiles on the ground. Now, this is not to say that the Soviet Union is planning to make war on us. Nor do I believe a war is inevitable — quite the contrary. But what must be recognized is that our security is based on being prepared to meet all threats.

(Address to the Nation on Defense and National Security, March 23, 1983, Ronald Reagan)

A friend posted a link to an article where a “theologian” (I assume he theologizes vs. being a professional “theologian” noted the following:

  • There are few things as quintessentially American as apple pie, the Dallas Cowboys and the possibility of being shot anywhere you go.” [….] “Christians in America are going to have to voluntarily divest themselves of weapons of war if we’re going to muster the political will to reform our systems and markets that profit from the fear and death they sell.” (America’s Gun Culture Is Driven By Christians – Here’s How To Stop School Shootings)

Just a few thoughts out loud before the quotes, links, media, and the like.

The article says Scott Baker is a theologian. I could teach theology, but wouldn’t say I am a theologian.

If your shot in Texas, is it by a regular church going Christian?

Note as well that the article gets no where close to the subtitle’s statement of stopping school shootings.

Also, I wonder which of these choices or thoughts, investing vs. divesting, were racing through the mind’s of the Christians who worked at the Presbyterian Elementary Covenant School (or even non-believers at Uvalde for that matter) thought of. Were they thinking, “gosh darn it, I am so glad I divested in my right to defend my own body and the bodies of the innocent.” [/sarcasm]

There seems to be a false dichotomy. Gun violence happens, and, it will [presumably] stop when Christians [who are law abiding and God serving] “divest themselves” of them these “weapons of war” — whatever that is?

  • …given the constitutional protection that is interpreted as a blanket right to private gun ownership, creates an environment in which no single action can solve this quandary. I know it can be done because I grew up in a world in which people smoked on airplanes and in restaurants, and now they don’t. (IBID)

Once Christians are “out of the way” then federalism can be moot and much like a federal law that stopped smoking on a plane, so to will shootings stop?

Or.

More people will be be killed like sheep.

I think the later.

Thankfully the police response at Covenant School was quick. Fourteen minutes to the scene. And a few minutes to the threat was stopped. However, if “investing” was practiced, the threat could have been neutralized in minutes.

This hope of “divesting” will happen in “no place,” or, UTOPIA.

Opining still may I say this idea of giving up a right by Nature’s God is not a Christian idea, not to mention that Christians and Jews, historically, around the world would have been in a better position in life if they were armed [I mean, actually having it – life that is].

How many Jews the Nazis would have murdered if most European Jews had guns is impossible to know. But common sense suggests that the number would have been much lower. The Warsaw Ghetto revolt was begun with 10 old pistols and very little ammunition. Later a few hundred pistols and rifles and a few machine guns were smuggled into the ghetto. Himmler told Hitler he would quell the revolt in three days. It took four weeks. Many hundreds of German troops — perhaps a thousand — were killed or wounded.

If the Nazis knew that Jews refused to go to roundup areas and that many Jews were armed, awaiting Nazis to enter every apartment, it is difficult to imagine that the Nazi genocidal machinery would have been nearly as effective. And, vitally important, even had the number of Jews murdered been near 6 million (which I doubt), not all ways of dying are equal. There is a world of difference between being gassed or shot to death while standing naked beside the mass grave you were forced to dig and getting killed while shooting a Nazi….

(Jews and Guns [emphasis added])

Common sense seems to be missing in the article at Premier Christianity.

Take a more recent example of a divesting that was through complacently:

Or a kid who stopped a mass killing at a mall by conceal carrying. And the many other documented persons who stopped mass killing sprees – see FEE’s article on Eli, but this short video is good:

Here is how I (at the time) characterized it on my Facebook:

The mall had a “gun free zone” notice at all entrances. Glad Eli ignored that and embraced his Constitutional right.

[A friend noted this]: What a complete bad ass. Self taught. 8 hits in 10 shots at 40 yards is amazing shooting.

[My response]: He wasn’t Dicken around

NEW DETAILS

The Greenwood Park Mall shooter began firing at 5:56:48PM.

15 SECONDS LATER, at 5:57:03, 22-year-old Eli Dicken carrying under the new NRA-Backed Constitutional Carry law, fired 10 rounds from 40 yards, hitting the shooter 8 times. The shooter collapsed & died. 

(NRA)

There are many instances of this heroic action, as noted well here:

Or the research by criminologist and researcher Gary Kleck, noted here in an article by Larry Elder:

The “common-sense” gun control activists rarely ask, “What about the beneficial effect of gun ownership?” The Centers for Disease Control examined research on the defensive uses of guns. It concluded: “Studies that directly assessed the effect of actual defensive uses of guns (i.e., incidents in which a gun was ‘used’ by the crime victim in the sense of attacking or threatening an offender) have found consistently lower injury rates among gun-using crime victims compared with victims who used other self-protective strategies.”

The CDC’s report also found that “defensive use of guns by crime victims is a common occurrence.” Exact statistics are hard to find because the police are not always notified, so the number of defensive gun uses is likely understated because they’re underreported. “Almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals,” wrote the CDC, “with estimates of annual uses ranging from about 500,000 to more than 3 million per year, in the context of about 300,000 violent crimes involving firearms in 2008.” The CDC noted one study of defensive gun users who believe that but for their own firearm they would have been killed.

Criminologist and researcher Gary Kleck, using his own commissioned phone surveys and number extrapolation, estimates that 2.5 million Americans use guns for defensive purposes each year. One in six of that number, or 400,000, believe someone would have been dead but for their ability to resort to their defensive use of firearms. Kleck points out that if only one-tenth of the people are right about saving a life, the number of people saved annually by guns would still be 40,000.

For some perspective, consider the number of Americans who die each year because of medical errors. A 2016 Johns Hopkins study called medical error the third-leading cause of death in the United States, accounting for about 250,000 deaths annually, or 10 percent of all deaths. Other studies put the number as high as 400,000 a year or more — since medical examiners, morticians and doctors rarely put “human error” or “medical system failure” on a death certificate….

Likewise, Reason.com notes much the same:

Thirty-one percent of the gun owners said they had used a firearm to defend themselves or their property, often on multiple occasions. As in previous research, the vast majority of such incidents (82 percent) did not involve firing a gun, let alone injuring or killing an attacker. In more than four-fifths of the cases, respondents reported that brandishing or mentioning a firearm was enough to eliminate the threat.

That reality helps explain the wide divergence in estimates of defensive gun uses. The self-reports of gun owners may not be entirely reliable, since they could be exaggerated, mistaken, or dishonest. But limiting the analysis to cases in which an attacker was wounded or killed, or to incidents that were covered by newspapers or reported to the police, is bound to overlook much more common encounters with less dramatic outcomes.

About half of the defensive gun uses identified by the survey involved more than one assailant. Four-fifths occurred inside the gun owner’s home or on his property, while 9 percent happened in a public place and 3 percent happened at work. The most commonly used firearms were handguns (66 percent), followed by shotguns (21 percent) and rifles (13 percent).

Based on the number of incidents that gun owners reported, English estimates that “guns are used defensively by firearms owners in approximately 1.67 million incidents per year.” That number does not include cases where people defended themselves with guns owned by others, which could help explain why English’s figure is lower than a previous estimate by Florida State University criminologists Gary Kleck and Marc Gertz. Based on a 1993 telephone survey with a substantially smaller sample, Kleck and Gertz put the annual number at more than 2 million….

But I want to return to that FEE ARTCLE linked above. In it some person’s are quoted that may be more rightly called “theologians” IMHO.

For centuries, many people have employed the term “Good Samaritan” to describe anyone who isn’t compelled to come to the aid of the innocent but takes the initiative to do so anyway. A Good Samaritan takes charge of a bad situation, improves it as best he can, and prevents further harm. That is exactly what Elisjsha Dicken did in Greenwood.

Undoubtedly, the critical reporter in this instance is a person of good intent. He can’t imagine Jesus endorsing Dicken’s action because Jesus was a man of peace. He might even cite Matthew, chapter five, in which Jesus urges us to “turn the other cheek” if someone insults us or physically slaps us in the face.

“The question of rendering insult for insult, however, is a far cry from defending oneself against a mugger or a rapist,” writes Lars Larson in Does Jesus Christ Support Self-Defense?. To “turn the other cheek” means to refrain from a needless escalation of a problematic situation. Elisjsha Dicken did not escalate anything; in fact, he dramatically and decisively de-escalated it in the only possible way, given the circumstances.

The reporter likely shares the widely-held, radically pacifist or “namby-pamby” view of Jesus—the view that he would never endorse an act of violence for any purpose, even if it’s necessary to save lives. It implies that Elisjsha Dicken should have run for cover and allowed the Greenwood shooter to kill another dozen or two people. That’s wrong, if not downright blasphemous.

When Jesus dined at The Last Supper, he gave his disciples specific instructions, including this one (Luke 22:36):

He said to them, “But now if you have a purse, take it, and also a bag; and if you don’t have a sword, sell your cloak and buy one.

Note that he did not advise anyone, then or at any other time, to stand idly by and allow wanton slaughter of innocents. And he offered support for the threat of force to prevent the theft of property as well. In Luke 11:21, Jesus said:

When a strong man, fully armed, guards his own house, his possessions are safe. But when someone stronger attacks and overpowers him, he takes away the armor in which the man trusted, and divides up his plunder.

This is the same Jesus who, in Luke 12:39, says, “If the owner of the house had known at what hour the thief was coming, he would not have let his house be broken into.” It’s the same Jesus who never criticized anyone for possessing a lethal weapon such as a sword, though he certainly condemned the initiation of force or the impetuous and unnecessary use of it.

In Jesus, Guns and Self-Defense: What Does the Bible Say?, Gary DeMar maintains that

Being armed and willing to defend ourselves, our family, and our neighbors is not being unchristian or even unloving. Self-defense can go a long way to protect the innocent from people who are intent on murder for whatever reason.

The Greenwood reporter’s errant perspective is not untypical of people who think they know Jesus and Christianity but spend more time criticizing them than learning about them. I see evidence of this all the time, most recently from a speaker at an April 2022 conference in Prague, Czech Republic.

“When it comes to the source of individual rights,” the speaker pontificated with misplaced confidence, “there are only three possibilities.” One, he said, is a Creator (God), which he summarily dismissed as a ridiculous, untenable proposition. The second is government, which he ruled out as equally ridiculous and untenable. The only logical option, he said, was “nature”—something which he suggested evolved out of nothing from nobody. As I listened with the largely student audience, I thought to myself, “This supposed expert hasn’t even considered a fourth option, namely, a combination of the first and third—which is to say that God, as the author of nature, is in fact the author of individual rights as well.”

The speaker added another uninformed dig at Christianity by claiming it was stupid for Jesus to ever suggest you should love your neighbor. “What if your neighbor is an axe-murderer? How much sense would that make?” he asked derisively. If he had known of the passages I cite above, he would have been embarrassed by his own ignorance. As a general principle, Jesus argued, you should love your neighbor but the same Jesus would urge you to arm yourself if your neighbor threatens your life or property.

In The Life and Death Debate: Moral Issues of Our Time, Christian theologians Norman Geisler and J. P. Moreland write:

To permit murder when one could have prevented it is morally wrong. To allow a rape when one could have hindered it is evil. To watch an act of cruelty to children without trying to intervene is morally inexcusable. In brief, not resisting evil is an evil of omission, and an evil of omission can be just as evil as an evil of commission. Any man who refuses to protect his wife and children against a violent intruder fails them morally.

When Elisjsha Dicken pulled out his gun to stop a shooting spree, he had every reason to believe he might attract the shooter’s aim and be killed himself. Fortunately, he was not, and he is among the living whose lives he saved.

If Elisjsha Dicken had been killed, the rest of us could at least take comfort in the words of Jesus as quoted in John 15:13. Greater love has no one than this: to lay down one’s life for one’s friends…..

Turning to Gary DeMar’s article that was quoted above but needs more room for further context:

What about Jesus’ injunction to “turn the other cheek” (Matt. 5:38-39)? There’s a big difference between slapping someone across the face and someone wanting to take a baseball bat to your head or the head of your wife and children. Self-defense is a biblical option in such cases. Consider this passage from biblical case law:

“If the thief is caught while breaking in and is struck so that he dies, there will be no bloodguiltiness on his account. But if the sun has risen on him, there will be bloodguiltiness on his account. He shall surely make restitution; if he owns nothing, then he shall be sold for his theft (Ex. 22:2-3).”

The homeowner can assume that someone breaking into his house at night has nothing but bad intentions. He may be armed or not. The homeowner does not have to ask any questions to find out. The homeowner can respond by striking the intruder “so that he dies.” If this happens, even if the attempt was only theft (unknown to the homeowner), the homeowner is cleared of all guilt in the thief’s death.

Daytime is a different story because the victim can make a better assessment of intent. If two people enter a building with a shotgun, as happened in the Texas church, killing these people before they kill you and others is the right thing to do. Being loving, peaceful, just and generous, and self-giving do not apply. To put it simply, there’s no time.

[….]

The story of David and Goliath is helpful since “five smooth stones” and a “sling” are the closest equivalent to a handgun we can find in the Bible. David seems to have been armed with his sling at all times. There was no way he could run home to get his sling when a lion or a bear was about to attack his flock (1 Sam. 17:31-37, 41-54).

It’s possible that Jesus had the Old Testament case law in mind when offered this injunction to His disciples:

“But be sure of this, if the head of the house had known at what time of the night the thief was coming, he would have been on the alert and would not have allowed his house to be broken into (Matt 24:43).”

But of course, you rarely know when someone is going to break into your house or decides to kill people in your church, therefore, you must be on guard all the time.

In another passage, Jesus is teaching by analogy:

“When a strong man, fully armed, guards his own homestead, his possessions are undisturbed. But when someone stronger than he attacks him and overpowers him, he takes away from him all his armor on which he had relied and distributes his plunder (Luke 11:21).”

A fully armed strong man is a deterrent to a thief. It’s the fact that the strong man is armed that protects the potential thief from being harmed. Another strong man will think twice about ever trying to rob or harm someone who is armed.

Here’s what critics of armed church members miss: Armed people save lives by making evil people think twice about attacking a person or place where there might be some armed push back. One could say that it’s loving to be armed since it might stop someone who has evil intent from not following through with an evil act.

The most famous New Testament passage is a command of Jesus for His disciples to sell their garments and buy a sword (Luke 22:36-38). Personally, I do not believe this is a good proof text for being armed, but it does show that being armed was a norm for that time, and Jesus does not object.

Peter impetuously uses his sword against a servant of the high priest (John 18:10; Matt. 26:51; Luke 22:50) who had come out with a crowd armed with clubs and swords (Luke 22:52). Under normal circumstances, swords were permissible for self-defense, otherwise why did the “chief priests and officers of the temple and elders” have them? There is, however, something else going on here of biblical-theological importance that has little to do with self-defense.

However the sword passage is interpreted, at no time did Jesus condemn anyone for having a sword. The disciples lived in dangerous times (Luke 10:29-37). Furthermore, the Romans didn’t seem to have a problem with their subjects (the Jews) owning swords.

Gun-Free Zones are soft targets for people who have no regard for the law. The gunman who killed the people in Luby’s Cafeteria had broken the law by bringing a firearm into a place where the law said it was unlawful. Murderers are, by definition, lawbreakers.

Now to the question. Should churches, for example, ensure that there are armed and trained people at every service? Absolutely! Christians might say, “But we should put our trust in God.” God has given us the ability to reason and assess the times like the sons of Issachar, “men who understood the times, with knowledge of what Israel should do, their chiefs were two hundred; and all their kinsmen were at their command” (1 Chron. 12:32).

Consider the following from the book of Nehemiah:

“But when Sanballat, Tobiah, the Arabs, the Ammonites and the people of Ashdod heard that the repairs to Jerusalem’s walls had gone ahead and that the gaps were being closed, they were very angry. They all plotted together to come and fight against Jerusalem and stir up trouble against it. But we prayed to our God and posted a guard day and night to meet this threat.

Meanwhile, the people in Judah said, “The strength of the laborers is giving out, and there is so much rubble that we cannot rebuild the wall.”

Also our enemies said, “Before they know it or see us, we will be right there among them and will kill them and put an end to the work.”

Then the Jews who lived near them came and told us ten times over, “Wherever you turn, they will attack us.”

Therefore, I stationed some of the people behind the lowest points of the wall at the exposed places, posting them by families, with their swords, spears and bows. After I looked things over, I stood up and said to the nobles, the officials and the rest of the people, “Don’t be afraid of them. Remember the Lord, who is great and awesome, and fight for your families, your sons and your daughters, your wives and your homes.”

When our enemies heard that we were aware of their plot and that God had frustrated it, we all returned to the wall, each to our own work.

From that day on, half of my men did the work, while the other half were equipped with spears, shields, bows and armor. The officers posted themselves behind all the people of Judah who were building the wall. Those who carried materials did their work with one hand and held a weapon in the other, and each of the builders wore his sword at his side as he worked. But the man who sounded the trumpet stayed with me.
 
Then I said to the nobles, the officials and the rest of the people, “The work is extensive and spread out, and we are widely separated from each other along the wall. Wherever you hear the sound of the trumpet, join us there. Our God will fight for us!” (vv. 7-13).

While they trusted God and prayed, they also understood that they were responsible for their immediate welfare by posting a guard (v. 9). Notice that while Nehemiah said, “Our God will fight for us,” we’re also told that “half [the men] were equipped with spears, shields, bows, and armor.” This is not a contraction. Prayer is not enough unless it’s the only act that we have at our disposal.

They never let down their guard.

So, we carried on the work with half of them holding spears from dawn until the stars appeared. At that time, I also said to the people, “Let each man with his servant spend the night within Jerusalem so that they may be a guard for us by night and a laborer by day.” So, neither I, my brothers, my servants, nor the men of the guard who followed me, none of us removed our clothes, each took his weapon even to the water (vv. 21-23).

One more thing, when Israel’s enemies heard that the men were armed and on guard, they had second thoughts about attacking. Human nature has not changed since Cain killed Abel. What has changed in our culture is a disregard for human life.

May I connect the dots and say “Christians divesting” themselves of a God given right is disregard for life.

Right around the time David French went #NeverTrump, he had an excellent article at NATIONAL REVIEW which I noted on my website. Here is an excerpt from it:

One cannot analyze the Second Amendment without understanding its moral and philosophical underpinnings. Colonial America was a land populated by people who were both highly literate biblically and steeped in Lockean philosophy.

The biblical record sanctioning self-defense is clear. In Exodus 22, the Law of Moses permits a homeowner to kill even a mere thief who entered his home at night, and the books of Esther and Nehemiah celebrate the self-defense of the Jews against their lawless attackers. Nehemiah exhorted the Israelites to defend themselves: “Remember the Lord, who is great and awesome, and fight for your brothers, your sons, your daughters, your wives, and your homes.” The oft-forgotten climax of the book of Esther is an act of bloody self-defense against a genocidal foe.

Nor did Jesus require his followers to surrender their lives — or the lives of spouses, children, or neighbors — in the face of armed attack. His disciples carried swords, and in one memorable passage in Luke 22, he declared there were circumstances in which the unarmed should arm themselves: “If you don’t have a sword, sell your cloak and buy one.” Christ’s famous admonition in his Sermon the Mount to “turn the other cheek” in the face of a physical blow is not a command to surrender to deadly violence, and it certainly isn’t a command to surrender family members or neighbors to deadly violence.

In his Second Treatise of Civil Government, Locke described the right of self-defense as a “fundamental law of nature”:

Sec. 16. The state of war is a state of enmity and destruction: and therefore declaring by word or action, not a passionate and hasty, but a sedate settled design upon another man’s life, puts him in a state of war with him against whom he has declared such an intention, and so has exposed his life to the other’s power to be taken away by him, or any one that joins with him in his defence, and espouses his quarrel; it being reasonable and just, I should have a right to destroy that which threatens me with destruction: for, by the fundamental law of nature, man being to be preserved as much as possible, when all cannot be preserved, the safety of the innocent is to be preferred: and one may destroy a man who makes war upon him, or has discovered an enmity to his being, for the same reason that he may kill a wolf or a lion; because such men are not under the ties of the commonlaw of reason, have no other rule, but that of force and violence, and so may be treated as beasts of prey, those dangerous and noxious creatures, that will be sure to destroy him whenever he falls into their power. (Emphasis added.)

Moreover, Locke argues, these laws of nature were inseparable from the will of God:

The rules that they make for other men’s actions, must, as well as their own and other men’s actions, be conformable to the law of nature, i.e. to the will of God, of which that is a declaration, and the fundamental law of nature being the preservation of mankind, no human sanction can be good, or valid against it.

This right is so fundamental that it’s difficult to find even leftist writers who would deny a citizen the right to protect her own life….

So much different than Scott Baker seemed to say…

  • “given the constitutional protection that is interpreted as a blanket right to private gun ownership”

… we really find out IT IS a blanket right. And on Facebook I asked the following question bnecause I could not for-the-life-of-me understand why my friend liked the article? So I asked him,

  • What did you like from the article? I read it twice, and I am curious what was the main part of the article made you go “yes, that makes sense”

He merely responded with over six paragraphs from the article.

Which was vacuous of history, common sense, facts, and full of cherry picked verses.

David French Defends Drag Queen Irreligiosity (Michael Knowles)

Michael Knowles in his Ep. 1143 discusses “irreligion and religion” and the failure to distinguish between them (The Woke Mind Virus). Knowles mentions David French as well:

  • “The fact that a person can get a room in a library and hold a Drag Queen Story Hour and get people to come? That’s one of the blessings of liberty.” (CAPSTONE REPORT)

CAPSTONE REPORT notes French’s further fall from grace:

….But, what makes this New Yorker quote important is how revealing it is about French and elite evangelicalism. He defended Russell Moore, and thinks voting for Trump is bad; however, Drag Queen Story Time is one of the “blessings of liberty.”

According to the New Yorker, “And, oh, by the way, you can’t define victory as the exclusion of your enemies from the public square. There are going to be Drag Queen Story Hours. They’re going to happen. And, by the way, the fact that a person can get a room in a library and hold a Drag Queen Story Hour and get people to come? That’s one of the blessings of liberty.”

Blessings of Liberty?

Or the curse of license?

The modern world of liberal excess is a time where every man, woman (and all 73 other genders) do what is right in their own eyes.

This is the key problem with modern conservatives. They don’t know what is worth conserving.

Conservatism is more than free markets, supply side tax rates and defending property rights. Conservationism is more than individual liberty. Real conservatism preserves our faith, families and liberty.

French gets the liberty part right. We should defend liberty. However, liberty always has limits. It is the delicate balance the Founders undertook in creating the U.S. Constitution.

French must admit the public square is never neutral. It is always promoting something, and in modern America the liberal order promotes sexual immorality. To call celebrations of this a blessing of liberty misses the point of both blessing and liberty.

But, like most Never Trumpers, French is wrong about politics……

Douglas Wilson weighs in on the David French and Sohrab Ahmari Drag Queen Story Hour Debates

  • The effort to ban Drag Queen Story Hour starts when we have the courage to clarify the moral stakes. This requires casting off the civility creeds of the woke liberal left—codes that dictate we merely shrug our shoulders, or resort to euphemisms. That so many liberals and libertarians have expressed surprise at Ahmari’s concerns suggests that we have failed thus far to speak out loudly and boldly enough. (FIRST THINGS)

IG Report Slams FBI and Others (UPDATED)

JUMP to the FACEBOOK CONVO | JUMP to DAVID FRENCH

During that December 2018 hearing, Rep. Trey Gowdy posed this question to Comey: “Late July of 2016, the FBI did, in fact, open a counterintelligence investigation into, is it fair to say the Trump campaign or Donald Trump himself?”

“It’s not fair to say either of those things, in my recollection,” Comey retorted. “We opened investigations on four Americans to see if there was any connection between those four Americans and the Russian interference efforts. And those four Americans did not include the candidate.”

[….]

So, not only did the Obama administration’s FBI target the Trump campaign in the heat of the 2016 presidential election, but they used an intelligence briefing of candidate Trump to gather “evidence,” and even memorialized Trump’s comments in official FBI documents related to the Crossfire Hurricane investigation.

Nonetheless, Comey lied to Americans in order to keep up the appearance that the Steele dossier was in some way legitimate or that he was unaware of it’s illegitimacy.

The new report from Department of Justice Inspector General Michael Horowitz confirmed former CIA Director John Brennan lied to Congress about whether the dossier authored by Christopher Steele was used in the Obama administration’s Intelligence Community Assessment (ICA).

An example of a lie by ADAM SCHIFF, which he KNEW was a lie when he said it:

FBI and officials did not “abuse” the Foreign Intelligence Surveillance Act (FISA) process, omit material information, or subvert this vital tool to spy on the Trump campaign.

In fact, DOJ and the FBI would have been remiss in their duty to protect the country had they not sought a FISA warrant and repeated renewals to conduct temporary surveillance of Carter Page, someone the FBI assessed to be an agent of the Russian government. DOJ met the rigor, transparency, and evidentiary basis needed to meet probable cause requirement, by demonstrating: contemporaneous evidence of Russia?s election interference;

Christopher Steele’s raw intelligence reporting did not inform the decision to initiate its counterintelligence investigation in late July 2016. In fact, the FBI’s closely-held investigative team only received Steele’s reporting in mid-September more than seven weeks later.

(DEF-CON)

An example of a JOHN BRENNAN lie… which he knew was a lie when he said it:

Mr. Gowdy: Do you know if the Bureau ever relied on the Steele dossier as any — as part of any court filings, applications, petitions, pleadings?

Mr. Brennan: I have no awareness.

Mr. Gowdy: Did the CIA rely on it?

Mr. Brennan: No.

Mr. Gowdy: Why not?

Mr. Brennan: Because we — we didn’t. It wasn’t part of the corpus of intelligence information that we had. It was not in any way used as a basis for the Intelligence Community assessment that was done. It was — it was not.

[….]

Except, on Page 179 of the FISA report we find that former FBI Director James Comey told investigators that he remembers being “part of a conversation, maybe more than one conversation, where the topic was how the [Steele] reporting would be integrated, if at all, into the IC assessment.” 

Comey added that Brennan and other officials argued that the Steele dossier was found credible by intelligence community analysts, and that while they did not want to include it in the main body of the ICA, “they thought it was important enough and consistent enough that it ought to be part of the package in some way, and so they had come up with this idea to make an [appendix]. 


In an exclusive interview, Attorney General William Barr spoke to NBC News’ Pete Williams about the findings on the Justice Department Inspector General’s report on the Russia investigation and his criticisms of the FBI.

U.S. Attorney General Bill Barr sits down with the Wall Street Journal to discuss the information released within the IG report on FBI 2016 election surveillance against candidate Trump; and FISA exploitation for use therein.


FACEBOOK MEANDERINGS


As I was driving around today in slow or stopped traffic, I gave my thoughts about what I was hearing today:

Just a quick note here. The four U.S. citizens spied on by the government we’ll have a great case to make in court to sue set government (during the whole Russian Collusion conspiracy against Trump). So not only did the original investigation cost many millions of dollars, it is possible that many millions more is going to be doled out.

NowAdam Schiff has himself (against proper procedure) gone and gotten metadata from phone companies and then matched it up with journalist an opposing political persons phones. Without a warrant. I assume another criminal case will start around this And, much like the other case millions of dollars may be doled out to these individuals who had their metadata illegally seized by the government.

BY THE WAY, you can read here “Democrats” when I say government. Ultimately all the taxpayers will have to — and have paid for it. But these incurred cost come by way of Democrats alone. (As well as never Trumper’s)

So two articles of impeachment have been put forward. Bribery was what CNN says was the Crux of the case a few weeks ago. However, remember all the terms changed over time: quid pro quo, to extortion, to bribery, to obstruction of justice. None of these are part of the impeachment articles. One impeachment article is “obstruction of Congress” (read here Democrats). What a joke! I think a bulk of the American voters see through this sham/witch Hunt.

RESPONSE:

After another quick link of mine linked to this REASON.ORG article, a friend said this on Facebook:

IG Report, Chapter 12: Conclusions & Recommendations (p. 411)–CHS refers to “confidential human sources”:

“We did not find any documentary or testimonial evidence that political bias or improper motivation influenced the FBI’s decision to conduct these operations. Additionally, we found no evidence that the FBI attempted to place any CHSs within the Trump campaign, recruit members of the Trump campaign as CHSs, or task CHSs to report on the Trump campaign.”

Yes, there were problems with some aspects of FISA, but those issues were later. The investigation began earlier, based on reports from a friendly government that there might be connections between Russia and the Trump campaign. Bottom line: the Trump accusation that this was all a witch hunt with political motives has been debunked.

This was my response[s], and it is solid!

JIM G. — two things, well, three. The first is, Horowitz had no subpoena power. So, for instance, he wanted to interview Glenn Simpson of Fusion GPS. Glenn simply declined. In other words, Horowitz had an incomplete picture. (Durham and Barr traveled to Italy and other places to talk to what we [not you] know were players involved in those countries.) That is number one.

Number two and this is a common sense one. Of all the mistakes documented plus the Woods violationWhy didn’t a single one break in Trump’s favor? In other words, FBI director Wray is putting forward 40-changes to stop this from happening again. (Which wouldn’t have happened is Hillary were elected.) If Director Wray were to say, “wow, that was something from this whole thing that worked well. We should keep that.” Or if half, or even a quarter of the mistakes broke in Trump’s favor, I wouldn’t be skeptical.

And third, remember, the Steele Report (as I said in the past) was almost the exclusive bulk of the info to obtain the FISA warrants. Prior to this multiple voices in the FBI warned against Steele. The CIA warned the FBI NOT to use it. Yet:

DOJ IG Michael Horowitz, who assumed his position during the Obama administration, and his team reported that “Steele’s handling agent” in the FBI “told us that when Steele provided him with the first election reports in July 2016 and described his engagement with Fusion GPS, it was obvious to him that the request for the research was politically motivated.”

In addition, the “supervisory intelligence analyst who supervised the analytical efforts for the Crossfire Hurricane team (Supervisory Intel Analyst) explained that he also was aware of the potential for political influences on the Steele reporting.”

The Horowitz report explained that the FBI was still able to use the Steele dossier even if it was clear that it contained opposition research connected to the Hillary Clinton campaign….

(PJ-MEDIA)

I also just found out that Horowitz wanted to speak to Comey (supporting point #1). But he couldn’t because Comey didn’t sign back up for his top secret clearance, so he couldn’t be interviewed in depth. Durham has the ability to compel testimony.

ACE OF SPADES has this great

The IG report might have falsely claimed that there was no evidence of political bias in the opening of Crossfire Hurricane, BUT IT FOUND THAT ALL OF DEVIN NUNES’ CLAIMS ABOUT LIES TOLD TO SECURE THE FISA WARRANT WERE TRUE, AND ALL OF ADAM SCHIFF’S COUNTER-CLAIMS WERE FALSE:

The memo from the Republicans on the House Intelligence Committee reported:

  • A salacious and unverified dossier formed an essential part of the application to secure a warrant against a Trump campaign affiliate named Carter Page. This application failed to reveal that the dossier was bought and paid for by Hillary Clinton and the Democratic National Committee.
  • The application cited a Yahoo News article extensively. The story did not corroborate the dossier, and the FBI wrongly claimed Christopher Steele, the author of the dossier, was not a source for the story.
  • Nellie Ohr, the wife of a high-ranking Justice Department official, also worked on behalf of the Clinton campaign effort. Her husband Bruce Ohr funneled her research into the Department of Justice. Although he admitted that Steele “was desperate that Donald Trump not get elected and was passionate about him not being president,” this and the Ohrs’ relationship with the Clinton campaign was concealed from the secret court that grants surveillance warrants.
  • The dossier was “only minimally corroborated” and unverified, according to FBI officials.
  • All of these things were found to be true by the Inspector General Michael Horowitz in his December 9 report. In fact, Horowitz detailed rampant abuse that went far beyond these four items.
  • The Democratic minority on the committee, then led by Rep. Adam Schiff, put out a response memo with competing claims:
  • FBI and DOJ officials did not omit material information from the FISA warrant.
  • The DOJ “made only narrow use of information from Steele’s sources about Page’s specific activities in 2016.”
  • In subsequent FISA renewals, DOJ provided additional information that corroborated Steele’s reporting.
  • The Page FISA warrant allowed the FBI to collect “valuable intelligence.”
  • “Far from ‘omitting’ material facts about Steele, as the Majority claims, DOJ repeatedly informed the Court about Steele’s background, credibility, and potential bias.”
  • The FBI conducted a “rigorous process” to vet Steele’s allegations, and the Page FISA application explained the FBI’s reasonable basis for finding Steele credible.
  • Steele’s prior reporting was used in “criminal proceedings.”

Each of these claims were found by Horowitz to be false….

(EMPHASIS ADDED)

DAVID FRENCH FODDER

One of the many nuggets from ACE OF SPADES is this from MSNBC: National Review Writer On Why Nunes Should Step Down (March 2017). In the video from MSNBC we see David French retroactively go down in flames! ALSO:

Suffice it to say, ACE destroys David French and Adam Schiff!

Here is more regarding the IG REPORT with thanks to FLOPPING ACES!

The DOJ Inspector General’s report disclosed a multitude of FISA violations by the FBI. As noted by John Solomon, there were 51 Woods violations and nine false statements made to the FISA Court.

To understand just how shoddy the FBI’s work was in securing a Foreign Intelligence Surveillance Act warrant targeting the Trump campaign, you only need to read an obscure attachment to Justice Department Inspector General Michael Horowitz’s report.

Appendix 1 identifies the total violations by the FBI of the so-called Woods Procedures, the process by which the bureau verifies information and assures the FISA court its evidence is true.

The Appendix identifies a total of 51 Woods procedure violations from the FISA application the FBI submitted to the court authorizing surveillance of former Trump campaign aide Carter Page starting in October 2016.

A whopping nine of those violations fell into the category called: “Supporting document shows that the factual assertion is
inaccurate.”

For those who don’t speak IG parlance, it means the FBI made nine false assertions to the FISA court. In short, what the bureau said was contradicted by the evidence in its official file.

More at the link.

Horowitz also identified 17 “significant errors or omissions” in the FISA application. Among them:

1. Omitted information the FBI had obtained from another U.S. government agency detailing its prior relationship with Page, including that Page had been approved as an “operational contact” for the other agency from 2008 to 2013, and that Page had provided information to the other agency concerning his prior contacts with certain Russian intelligence officers, one of which overlapped with facts asserted in the FISA application;

2. Included a source characterization statement asserting that Steele’s prior reporting had been “corroborated and used in criminal proceedings,” which overstated the significance of Steele’s past reporting and was not approved by Steele’s handling agent, as required by the Woods Procedures;

3. Omitted information relevant to the reliability of Person 1, a key Steele sub-source (who was attributed with providing the information in Report 95 and some of the information in Reports 80 and 102 relied upon in the application), namely that (1) Steele himself told members of the Crossfire Hurricane team that Person 1 was a “boaster” and an “egoist” and “may engage in some embellishment” and (2) INFORMATION REDACTED

4. Asserted that the FBI had assessed that Steele did not directly provide to the press information in the September 23 Yahoo News article based on the premise that Steele had told the FBI that he only shared his election-related research with the FBI and Fusion GPS, his client; this premise was incorrect and contradicted by documentation in the Woods File- Steele had told the FBI that he also gave his information to the State Department;

5. Omitted Papadopoulos’s consensually monitored statements to an FBI CHS in September 2016 denying that anyone associated with the Trump campaign was collaborating with Russia or with outside groups like Wikileaks in the release of emails;

6. Omitted Page’s consensually monitored statements to an FBI CHS in August 2016 that Page had “literally never met” or “said one word to” Paul Manafort and that Manafort had not responded to any of Page’s emails; if true, those statements were in tension with claims in Report 95 that Page was participating in a conspiracy with Russia by acting as an intermediary for Manafort on behalf of the Trump campaign; and

7. Included Page’s consensually monitored statements to an FBI CHS in October 2016 that the FBI believed supported its theory that Page was an agent of Russia but omitted other statements Page made that were inconsistent with its theory, including denying having met with Sechin and Divyekin, or even knowing who Divyekin was; if true, those statements contradicted the claims in Report 94 that Page had met secretly with Sechin and Divyekin about future cooperation with Russia and shared derogatory information about candidate Clinton.

Do read the rest. 17 major “mistakes” and not one of them goes Trump’s way.

The FBI knew that the dossier was nearly 100% without substance, but acting FBI Director Andrew McCabe demanded it be used in the ICA. The CIA was reluctant….

(READ IT ALL)

INSTAPUNDIT notes the FBI campaign against Trump is not necessarily new:

And I have noted before the same on my site:


This is the same tactic Andrew Weissmann used on Flynn (WASHINGTON TIMES | THE FEDERALIST)….

UPDATED POST by POWERLINE intros the video for us:

In the memoir Cardiac Arrest: Five Heart-Stopping Years as a CEO on the Feds’ Hit List (written with Stephen Saltarelli), Howard Root tells the story of his experience as chief executive officer of Vascular Solutions caught in the crosshairs of the federal government when prosecutors sought to put his company out of business and to send him to the big house. Howard touched on one aspect of his story in the Wall Street Journal column “Sally Yates’s legacy of injustice at the Department of Justice.”

Howard is one of the most amazing people I have ever met. Among other things, he is a corporate lawyer turned entrepreneur, inventor, and corporate executive.

Howard faced down the government. The jury didn’t think much of the government’s case. It returned with a verdict of acquittal on all charges after a day of deliberations, and that includes the time spent electing a foreman.

Howard’s case is important in its own way. The crimes charged were bogus. The government procured testimony through serious prosecutorial misconduct. The prosecution represented fruit of the poisonous Yates Memo tree. Howard had the resources to fight the government’s case against him and his company, but it exacted an enormous toll. The case cries out for study and reform.

Howard has thus sought to engage prosecutors in discussion of the case in person before professional audiences of lawyers and businessmen for whom it holds immediate relevance. The prosecutors and their superiors in the department have sought to keep Howard from speaking to such audiences. When I wrote the Department of Justice to request its explanation for what it was doing, it declined to comment (a week after I asked the question).

Former Assistant United States Attorney Andrew McCarthy was more forthcoming. He called out the Department of Justice’s behavior as “a disgrace.”

The Department of Justice declines to answer to Howard or me but it has at long last responded to Senate Judiciary Committee Chairman Chuck Grassley and Utah Senator Mike Lee. Senators Grassley and Lee sent a letter to Deputy Attorney General Rod Rosenstein seeking an update on the Justice Department’s inquiry into professional misconduct committed by prosecutors and higher-ups who brought the charges against Howard and have since sought to prevent him from being heard. I posted the Grassley/Lee letter in “Fear & loathing at the DoJ, cont’d.”

In their letter Senators Grassley and Lee noted that “reports suggest a pattern of threatened and actual retribution against defendants and witnesses borne out of the Department’s disappointment with the outcome of a particular case. This not only casts doubt on the Department’s ability to accept the results of judicial proceedings in a professional manner befitting the nation’s preeminent law enforcement agency, but it significantly undermines our confidence in its commitment to hold government attorneys accountable for questionable actions that may have occurred in the course of this case or other cases.” …..

David French Sweats Swetnick

Dennis Prager reads from David French’s NATIONAL REVIEW article, “The Case Against Kavanaugh Is Collapsing“, regarding the latest allegations by Julie Swetnick and “gang rapes.” Democrats are giving this serious consideration, for the pure fact that they hate everything conservative. I would say enjoy, but a man’s life is being destroyed with glee by the Democrat Party.

MORE FROM FRENCH:

Let’s deal with the easiest issue first. The day before the hearing, Michael Avenatti released a “declaration” by a client, a woman named Julie Swetnick, claiming that she saw Kavanaugh “waiting his turn” for gang rapes after facilitating them by spiking or drugging the punch at high-school parties. She claimed that she went to multiple such parties and was gang raped at one of them, though she would only assert that Kavanaugh was present on that occasion.

The claim against Kavanaugh was transparently absurd. The idea that a person would repeatedly attend gang-rape parties and that the existence of these parties (which would presumably generate multiple victims and bystander-witnesses) remained utterly secret for decades is nonsense. But left-wing Twitter took up the claims with a vengeance, dragging anyone who dared express doubt through the mud. After all, didn’t the Catholic Church scandals prove that crimes could be concealed? Didn’t Sixteen Candles have a subplot about a drunk male geek sleeping with a drunk popular girl? (Yes, that was an actual article in Vox.)

But then the Wall Street Journal did some actual reporting, “contacting dozens of former classmates and colleagues,” only to find it “couldn’t reach anyone with knowledge of [Swetnick’s] allegations.” Moreover, “no friends have come forward to publicly support her claims.” Again, she alleged repeated gang rapes. Yet there are still no other witnesses.

It also turns out that a former employer, a company called WebTrends, once sued Swetnick for defamation and fraud. Among other things, it contended that Swetnick engaged in sexually inappropriate conduct and then, “in a transparent effort to divert attention from her own inappropriate behavior,” made uncorroborated sexual-harassment complaints against the two men who accused her of such behavior.

[….]

Which brings us to Christine Blasey Ford. Yesterday, Arizona prosecutor Rachel Mitchell released a memorandum to all Republican senators summarizing Ford’s evidence against Kavanaugh. I’d urge you to read the entire thing. Democrats are describing it as a “partisan document,” but it refers to multiple, undisputed facts that should cause even Ford’s most zealous defenders to pause and reevaluate her claims.

Ford has no corroborating witnesses, and even the friend she says was at the party in question has denied being there or knowing Kavanaugh at all. She doesn’t know who invited her to the party, where it took place, how she got there, or how she got home after, by her account, Kavanaugh attacked her. But the problems go beyond gaps in memory. She has offered substantially different accounts about when the attack occurred (she’s previously said it happened in the “mid Eighties,” in her “late teens,” and in the “Eighties.” Now she’s saying it happened in 1982, when she was 15) and how it occurred (her therapist’s notes conflict with her story of the attack, and she has offered different accounts about who attended the party).

All of these inconsistencies and omissions are important. None of them help her case.

For a brief moment after the hearing, Democrats believed that one of Kavanaugh’s calendar entries corroborated Ford’s story. A July 1, 1982, note says, “Go to Timmy’s for Skis w/Judge, Tom, PJ, Bernie, Squi.” According to the Democratic theory, because Ford testified that “Skis” was short for “brewskis” (beer), and because Mark Judge and “PJ” were allegedly at the party where Ford claimed she was assaulted, this could be the documentary evidence that the party took place.

Interestingly, no Democratic senator explored this theory with Kavanaugh while he was testifying, and Ford’s team never raised it, either. It was left to be floated after Kavanaugh was off the stand. And now legions of Democrats are presenting it as “corroboration.”

It’s nothing of the sort. First and most important, “Timmy’s” house was ten miles from the country club Ford has described as in proximity to the party, and it did not meet the description of the house that Ford offered in her testimony. Second, the lineup of attendees does not mention a single female and is substantially different from the one she has described. And finally, the lineup includes “Squi,” the nickname for Chris Garrett, a boy Ford was (according to her testimony) seeing at the time. It would be odd indeed to remember a party’s attendees and forget that one of them was your then-boyfriend.

[….]

No responsible lawyer would bring even a civil case on the facts described above, and civil cases must meet only the lowest burden of proof. Believe women? Believe men? No. Believe evidence. …

Culturally Appropriating Prom Dresses

Dennis Prager discusses the “prom dress” heard around the world. David French’s article, “How a Pretty Prom Dress Helped Reveal Rot in the American Soul,” notes that any normal American thinks the girl looks smashing. And her prom date is a lucky man. But this is not how the Left thinks — you must (emphasis on must) think like them or you are “sexist, intolerant, xenophobic, homophobic, Islamophobic, racist, bigoted (S.I.X.H.I.R.B.).”

The 2nd Amendment Explained

This post should be married to my other post regarding the 2nd Amendment,

The 2nd Amendment Was Only For Muskets.”

Here is the amendment as ratified by the States and authenticated by Thomas Jefferson, the Secretary of State:

  • A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

As Founder, Tench Coxe, of Pennsylvania — noted:

“As the military forces which must occasionally be raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the next article (of amendment) in their right to keep and bear their private arms.” — Federal Gazette, June 18, 1789

In other words, the comma in that Amendment  separates the clause… there are TWO part to this Amendment, and so it should read (The RPT version):

  • Since an organized force of volunteer citizens is necessary to defend our freedoms from tyranny within [a. federal vs. state | b. one’s own domicile] or (c.) foreign attack, the government shall in no way limit the People’s right to own and carry weapons for collective (a,c) or for sportsmanship or sustenance reasons as well as personal defense of private property guaranteed as a Natural Right (b).

In other words at the split in the sentence, what is reasonable to protect a state (tanks, bazookas, planes). And what is reasonable to protect a home and hunt with (pistols, semi-auto rifles/shotguns [like the AR], etc).

Here, Mark Levin explains these concepts to a caller to his radio show:

David French discusses some of the issues in his article in NATIONAL REVIEW discussing the original text of this Amendment:

…As Justice Scalia noted in his Heller decision, the amendment contains both a prefatory clause and an operative clause. The prefatory clause, a common feature at the time of drafting, does not limit the operative clause; rather, it explains its purpose.

The operative clause is, of course, clear: “the right of the people to keep and bear arms, shall not be infringed.” As Scalia correctly observed, every other time the original, un-amended Constitution or the Bill of Rights uses the phrase “right of the people,” the text “unambiguously refer[s] to individual rights.” Further, the language clearly indicates that the amendment wasn’t creating a new right but recognizing a pre-existing individual liberty — one that is referenced in the 1689 English Bill of Rights. The language “shall not be infringed” indicates recognition, not creation.

But what about the prefatory clause? What does the a “well regulated militia” have to do with an individual right? Scalia explained well in Heller:

The Second Amendment’s prefatory clause announces the purpose for which the right was codified: to prevent elimination of the militia. The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting. But the threat that the new Federal Government would destroy the citizens’ militia by taking away their arms was the reason that right — unlike some other English rights — was codified in a written Constitution.

To believe that the Second Amendment is a collective right, Scalia concluded, is to believe that the authors of the Bill of Rights employed individualist language in order to protect the people’s right to take part in militia organizations over which the national government enjoys plenary power…

[….]

It is critical to remember that the Founding Fathers were Englishmen before they were Americans. When they began to sow the seeds of revolt against the British crown, they sought not to destroy all that had gone before but to protect rights that they believed they already possessed. Thus, when George III responded to unrest by attempting to disarm rebellious colonists, he “provoked polemical reactions by Americans invoking their rights as Englishmen to keep arms,” Scalia wrote. (“Arms,” incidentally, did not mean only “muskets” but included any personal weapon that could be wielded by an individual, including but not limited to “musket and bayonet,” “side arms,” and “sabre, holster pistols, and carbine.”)

Justice Scalia understood this well:

By the time of the founding, the right to have arms had become fundamental for English subjects. Blackstone, whose works, we have said, “constituted the preeminent authority on English law for the founding generation,” cited the arms provision of the Bill of Rights as one of the fundamental rights of Englishmen. His description of it cannot possibly be thought to tie it to militia or military service. It was, he said, “the natural right of resistance and self-preservation,” and “the right of having and using arms for self-preservation and defence.” Other contemporary authorities concurred. Thus, the right secured in 1689 as a result of the Stuarts’ abuses was by the time of the founding understood to be an individual right protecting against both public and private violence.

Writing in 1803, after the ratification of the Bill of Rights, St. George Tucker updated Blackstone’s Commentaries. In America, Tucker wrote, “the right of the people to keep and bear arms shall not be infringed . . . and this without any qualification as to their condition or degree, as is the case in the British government.” The United States, he boasted, “may reasonably hope that the people will never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty.”

[….]

One cannot analyze the Second Amendment without understanding its moral and philosophical underpinnings. Colonial America was a land populated by people who were both highly literate biblically and steeped in Lockean philosophy.

The biblical record sanctioning self-defense is clear. In Exodus 22, the Law of Moses permits a homeowner to kill even a mere thief who entered his home at night, and the books of Esther and Nehemiah celebrate the self-defense of the Jews against their lawless attackers. Nehemiah exhorted the Israelites to defend themselves: “Remember the Lord, who is great and awesome, and fight for your brothers, your sons, your daughters, your wives, and your homes.” The oft-forgotten climax of the book of Esther is an act of bloody self-defense against a genocidal foe.

Nor did Jesus require his followers to surrender their lives — or the lives of spouses, children, or neighbors — in the face of armed attack. His disciples carried swords, and in one memorable passage in Luke 22, he declared there were circumstances in which the unarmed should arm themselves: “If you don’t have a sword, sell your cloak and buy one.” Christ’s famous admonition in his Sermon the Mount to “turn the other cheek” in the face of a physical blow is not a command to surrender to deadly violence, and it certainly isn’t a command to surrender family members or neighbors to deadly violence.

In his Second Treatise of Civil Government, Locke described the right of self-defense as a “fundamental law of nature”:

Sec. 16. The state of war is a state of enmity and destruction: and therefore declaring by word or action, not a passionate and hasty, but a sedate settled design upon another man’s life, puts him in a state of war with him against whom he has declared such an intention, and so has exposed his life to the other’s power to be taken away by him, or any one that joins with him in his defence, and espouses his quarrel; it being reasonable and just, I should have a right to destroy that which threatens me with destruction: for, by the fundamental law of nature, man being to be preserved as much as possible, when all cannot be preserved, the safety of the innocent is to be preferred: and one may destroy a man who makes war upon him, or has discovered an enmity to his being, for the same reason that he may kill a wolf or a lion; because such men are not under the ties of the commonlaw of reason, have no other rule, but that of force and violence, and so may be treated as beasts of prey, those dangerous and noxious creatures, that will be sure to destroy him whenever he falls into their power. (Emphasis added.)

Moreover, Locke argues, these laws of nature were inseparable from the will of God:

The rules that they make for other men’s actions, must, as well as their own and other men’s actions, be conformable to the law of nature, i.e. to the will of God, of which that is a declaration, and the fundamental law of nature being the preservation of mankind, no human sanction can be good, or valid against it.

This right is so fundamental that it’s difficult to find even leftist writers who would deny a citizen the right to protect her own life….

(READ IT ALL!)

Here are a couple quotes by the men who knew the details of what they wrote:

  • Thomas Jefferson said, “No free man shall be debarred the use of arms.”
  • Patrick Henry said, “The great object is, that every man be armed.”
  • Richard Henry Lee wrote that, “to preserve liberty it is essential that the whole body of people always possess arms.”
  • Thomas Paine noted, “[A]rms . . . discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property.”
  • Samuel Adams warned that: “The said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms.”

(NRA)

More quotes from the Founding Fathers DEFINING the 2nd Amendment can be found at THE FEDERALIST PAPERS

Shame, Shame On The New York Times

David French over at the NATIONAL REVIEW has an excellent article on this topic, and is the one Prager is reading from:

The New York Times published its editorial in response to yesterday’s vicious, violent, and explicitly political attack on Congressional Republicans — an attack that wounded four and left Representative Steve Scalise in critical condition in a Washington-area hospital — and it is abhorrent. It is extraordinarily cruel, vicious, and — above all — dishonest. The editorial doesn’t just twist the truth to advance the board’s preferred narratives; it may even be libelous, a term I choose carefully.

Yesterday’s shooter, James Hodgkinson, left little doubt as to his political leanings and his political motivations. He was a vocal Bernie Sanders supporter, belonged to Facebook groups with names such as “Terminate the Republican Party” and “The Road to Hell is paved with Republicans,” and he was constantly sharing angry anti-GOP messages and memes. Before opening fire, he reportedly asked whether the players on the baseball field were Democrats or Republicans. In other words, all available signs point to an act of lone-wolf progressive political terror.

How does the Times deal with this evil act? The editorial begins innocently enough, describing the shooting and even forthrightly outlining Hodgkinson’s politics. But then, the board says this — and it’s worth quoting at length:

Was this attack evidence of how vicious American politics has become? Probably. In 2011, when Jared Lee Loughner opened fire in a supermarket parking lot, grievously wounding Representative Gabby Giffords and killing six people, including a 9-year-old girl, the link to political incitement was clear. Before the shooting, Sarah Palin’s political action committee circulated a map of targeted electoral districts that put Ms. Giffords and 19 other Democrats under stylized cross hairs.

Conservatives and right-wing media were quick on Wednesday to demand forceful condemnation of hate speech and crimes by anti-Trump liberals. They’re right. Though there’s no sign of incitement as direct as in the Giffords attack, liberals should of course hold themselves to the same standard of decency that they ask of the right. (Emphasis added.)

Let’s be blunt. In its zeal to create moral equivalencies and maintain a particular narrative about the past, the Times flat-out lied. There is simply no “link to political incitement” in Loughner’s murderous acts. The man was a paranoid schizophrenic who first got angry at Gabby Giffords years before Palin published her map….

(READ IT ALL)

Of Land Grabs and Militias ~ Oregon

Here is the David French article from National Review that Prager interviewed French about:

Watching the news yesterday, a person could be forgiven for thinking that a small group of Americans had literally lost their minds. Militias are marching through Oregon on behalf of convicted arsonists? A small band of armed men has taken over a federal building? The story practically writes itself.

Or does it? Deranged militiamen spoiling for a fight against the federal government make for good copy, but what if they’re right? What if the government viciously and unjustly prosecuted a rancher family so as to drive them from their land? Then protest, including civil disobedience, would be not just understandable but moral, and maybe even necessary.

Ignore for a moment the #OregonUnderAttack hashtag — a rallying cry for leftists accusing the protesters of terrorism — and the liberal media’s self-satisfied cackling. Read the court documents in the case that triggered the protest, and the accounts of sympathetic ranchers. What emerges is a picture of a federal agency that will use any means necessary, including abusing federal anti-terrorism statutes, to increase government landholdings.

…read the rest, it is worth it…