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2015 NSA opinion indicates Kavanaugh is a threat to Fourth Amendment

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Much as it was when the Democrats passed Obamacare and the Republicans passed the Tax Cuts and Jobs Act, when it comes to what kind of Supreme Court Justice Brett Kavanaugh might be, we’re going to have to wait for the Senate to approve (pass) before we find out what we’re getting.

In the piece I wrote yesterday about the questionable motives behind Trump’s nomination of Kavanaugh, I noted how the Supreme Court nominee was enjoying the support of evangelicals and other so-called conservative groups, even though his track record on several issues created more questions than answers when it comes to a strict constructionist interpretation of the Constitution.

Thankfully, there are still established voices in Washington defending our God-given rights and they are sounding the alarm over these unanswered questions. One such voice is that of Rep. Justin Amash (R-MI).

Though a member of the House and uninvolved in the Senate Confirmation hearings, Amash sounded a cautionary warning about a past ruling by Kavanaugh and its impact on the Fourth Amendment in a case that touched on NSA unconstitutional surveillance techniques. Calling Kavanaugh a “disappointing pick,” Amash tweeted yesterday:

The part of Kavanaugh’s record causing Amash’s concern occurred in a 2015 case where Kavanaugh wrote an opinion stating NSA warrantless electronic spying was legal. In his two-page opinion, Kavanaugh expressed his belief that “The government’s collection of telephony metadata from a third-party such as a telecommunications service provider is not considered a search under the Fourth Amendment.” He further stated that even if it did constitute a search, the NSA program was constitutional because their actions weren’t “unreasonable” and, therefore, weren’t subject to the Fourth Amendment.

It should be noted that Trump has his own issues when it comes to the Fourth Amendment. Shortly after the 2016 election, Trump and then-CIA Director Mike Pompeo came up with a plan to create a private global spy network accountable only to Trump—a network that would work outside constitutional restrictions. And in January of this year, Trump re-authorized FISA702, which allows the government to conduct warrantless searches on Americans and collect massive amounts of personal data according to Amash.

Trump’s nomination of Kavanaugh was a poor choice for liberty and freedom. If Kavanaugh is confirmed, Trump’s selfish interests will be protected, and the constitutionally indifferent New York liberal will have a “rubber stamp” on the Supreme Court to help him destroy the Fourth Amendment.

But hey, at least he’s not Hillary.

Originally posted on The Strident Conservative.

 


David Leach is the owner of The Strident Conservative. His daily radio commentary is distributed by the Salem Radio Network and is heard on stations across America.

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Conspiracy Theory

The Liberty grabber Left has nuked its own argument over guns. Part I

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The Liberty grabber Left has nuked its own argument over guns Part I

The Left can’t argue that you don’t need a gun because the government won’t turn tyrannical while threatening that the government will turn tyrannical.

In what has to be the ultimate and game-changing tweet, Representative Eric Swalwell (D-CA) threatened nuclear annihilation to anyone who refuses to give up their right of self-defense. The ensuing ‘fallout’ seeing him resort to damage control tactic of saying that thermonuclear gun confiscation was just a ‘joke’. After all, Who hasn’t chuckled at the prospect of the government going tyrannical with an H-bomb? One can easily see the bumper stickers now: Vote Swalwell 2020- or I will nuke your…

One of the Left’s favorite little tactics is to accuse those of the Pro-Liberty right of being ‘terrorists’ as their usual method of demonizing their opponents. Take note of the Oxford English Dictionary definition of the word Terrorist:

Adjective [attributive] Unlawfully using violence and intimidation, especially against civilians, in the pursuit of political aims.

Origin
Late 18th century: from French terroriste, from Latin terror (see terror). The word was originally applied to supporters of the Jacobins in the French Revolution, who advocated repression and violence in pursuit of the principles of democracy and equality.

The long train of demands for gun confiscation

Perhaps Eric ‘Nukem’ Swalwell doesn’t realize his tweet was the ultimate in the listing of demands for gun confiscation by the Liberty grabber Left. A long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, as Thomas Jefferson termed it in the Declaration of Independence. That his erstwhile ‘joke’ he, Piers Morgan and others have made is the nuclear straw that broke the camels back. They, along with all the other Leftists who have demanded gun confiscation have initiated a sea of change in the debate over the common sense human right of self-defense.

The old approach by the Left that denied that confiscation was their ultimate goal

It used to be that the Left would hide behind a mask of support of the 2nd amendment. Never mind that each move they made was towards their final solution to the gun problem. Their tired refrain to most arguments about guns was that ‘No one is talking about gun confiscation’ or ‘No one is talking about repealing the 2nd amendment’ or some variation thereof. This was a way to short-circuit the debate to one of incremental or ‘progressive’ steps negating any of their ill effects.

Pointing out that some new law would punish 120 million gun owners for the deeds of a few criminals would see the abject denial of ‘no one is being punished’ or ‘No one is talking about gun confiscation’.

Mention that a new restriction on freedom infringing on the 2nd amendment and those who pretend to be Liberal on the Left would answer back ‘No one is talking about repealing the 2nd amendment’.

Talk about Intergalactic Background Checks [or Universal, enhanced or ‘Common sense’] would place government control over your personal property while acting as a stepping stone to confiscation would be met with the assertion that you must believe in conspiracy theories and that ‘No one is talking about gun confiscation’.

The disturbing trend in Leftists demands for gun confiscation.

We have previously established that the Left wants to ban and confiscate all guns with over 70 documented instances of those demands. Leaving out the multiplying effect of the excerpting and reprinting of those demands.

This arduous task was under taken to prove a point, that the Left has dropped the mask on this subject. But it has also revealed a disturbing trend over the years. What began a few years ago as few and far between calls for gun confiscation has morphed into far more strident and frequent demands. Demands that were only made in obscure far-Left online publications have found their way into the mainstream and supposedly Liberal media sources. The rate on the number of demands made per ‘serious crisis’ have accelerated to the ultimate demand made by Eric ‘Nukem’ Swalwell. This has manifestly changed the debate in favour of the Pro-Liberty Conservative side.

Consider a sampling of these demands:

What began as mere calls to amend the Constitution – removing a fundamental human right in the process – or banning certain ‘types’ of guns. Have become threats to turn over all of our guns or to ‘comprise’ and lose some of them with incremental steps.

Then the Left became impatient, unable to restrain it’s ‘collective’ hatred of Liberty.

For at least the past several years, to say that those two talking points [or a variation thereof] were a complete and total lie would be an understatement of epic proportions. But even now that hasn’t stopped Leftists from denying the obvious.

But now the Nuke comment has changed all of that, everyone is now seeing that the Left has been making their demands for gun confiscation in every corner of their echo chamber. This is part of the reason many have undertaken the task of documenting these demands such as Here, Here and of course here.

Their open demands for gun confiscation and for the suppression of other types of Liberty have changed the dynamic. It is now a question of Liberty versus tyranny – with the Left being on the side of governmental oppression to the tune of nuclear annihilation if one does not comply.

In part II we will examine the debate in terms of the new paradigm of Liberty versus Tyranny.

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Guns and Crime

Legislators tell Allen West: Next version of First Step Act will cut loopholes

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Legislators tell Allen West Next version of First Step Act will cut loopholes

Last week, a handful of conservatives, including Lt. Col. Allen West and Conservative Review’s Daniel Horowitz, went after the bipartisan First Step Act, a criminal justice reform bill that has the backing of the President and many conservative lawmakers on Capitol Hill. Our complaint: why would the GOP support a bill that releases violent criminals and illegal immigrants?

According to legislative proponents of the bill, protections and benefits for both of these groups of felons have been eliminated in the next version of the bill that will reach the Senate floor. They reached out to West over the weekend to let them know they heard the concerns and are addressing them.

First Step Act: Response and Reassurances

https://i0.wp.com/theoldschoolpatriot.com/wp-content/uploads/2018/11/prison-553836_640.jpg?w=200&ssl=1The First Step Act is supported by many conservatives and law enforcement groups, including the Fraternal Order of Police, the International Association of Chiefs of Police, and the National District Attorneys Association. There are other proposals offered by those on the far left under the same banner of “criminal justice reform” that would release people from prison without regard to the danger they pose, including illegal immigrants and serious violent offenders. We must remember that there are some folks who are, well, as the ol’ folks would say, “just bad.” Additionally, some left-wing professors even propose abolishing all prisons partly based on their notion that the system is racist in nature. Hmm, I tend to believe that skin color or race has nothing to do with a person deciding to break the law. I just do not want us to go down the path of having criminals believe that there are no consequences, ramifications, for their actions and behaviors.

The legislators echoed our concerns and said the version that is currently available doesn’t reflect the changes that cut the loopholes. They say it will be impossible for these two groups – serious violent offenders and criminal illegal immigrants – to get the benefits of the bill. Many felons will be released early. Future felons will be given lighter sentences. That makes sense for many, but by no means should anyone in either of the two most dangerous groups receive sentence reductions, according to the letter to West.

My Take

Call me cynical, but lately I’ve changed my general rules regarding promises of politicians. It used to echo President Reagan’s stance on nuclear disarmament: “Trust but verify.” I now have to go with a more adversarial stance on political promises: “Show me proof, then we’ll talk.”

When the legislation is made available to the public, many will take a close look at it. I’ll personally be checking to see if there are any loopholes that would put violent offenders or criminal illegal immigrants back on the street sooner. If so, it’s a no-go for me.

 

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Opinions

So-called conservatives are confusing compromise with capitulation

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So-called conservatives are confusing compromise with capitulation

If it wasn’t for the fact that I’m Always Right™, it would be easy to get discouraged by some of the reactions I get for taking so-called conservatives to task whenever they exchange their pusillanimous principles for their personal political purposes.

While not discouraging, it can be frustrating when members of various political factions put their so-called leaders on a pedestal to be lionized, almost worshiped, even when they break their promises or promote policies that are contrary to our conservative values.

An obvious example of what I’m talking about can be seen by the dwindling numbers of Trump’s cult-like sycophants who live not on bread alone, but on every word that proceeds from the mouth of their political god.

Lately, I’ve witnessed this same kind of unconditional loyalty for so-called conservative members of Congress who, despite their rhetoric to the contrary, are talking the conservative talk but not walking the conservative walk.

Last week I enshrined Senator Mike Lee in the Gutless On Principles (GOP) Hall of Shame after his repeated support of Ivanka Trump’s socialist feminist agenda. Even though he has developed a reputation of being 100% conservative, his political infatuation with Ivanka’s extremist agenda is a diametrically opposed to the conservative values he claims to hold.

Just as I’m often told by the Trump cult, Lee’s groupies have informed me that he is beyond reproach and that only a “George Soros-loving Hillary supporter” would dare call him out because “nobody’s perfect.” Check out a couple of the comments from my Facebook page:

Brady S. – “If you’re waiting for perfection, keep waiting, you’re never going to get it from any person. You can disagree with a person on an issue and policy, that doesn’t negate the rest of decisions they’ve made or who they are as a person. Basically, you’re virtue signaling, piggy backing off the backs of other conservatives to show how much more supposedly principled you are. One conservative once said “The person who agrees with you 80% of the time is a friend and an ally not a 20% traitor.” Ronald Reagan. Nobody is going to agree with you 100% of the time on everything, you’d be wise to learn that lesson.”

MaryAnn P. – “Well – no one is perfect.”

Ah, yes. The “nobody’s perfect” card. The classic defense of indefensible behavior.

While we are indeed imperfect beings, we aren’t supposed to use that as an excuse to settle for less than perfection. Instead, we are to press on toward the goal of perfection and continue reaching for those things that will bring it to pass. And we are also instructed to “judge righteously” the deeds (actions) of others.

Those who incorrectly believe that there is no place for judging the deeds of others are wrong and/or lazy. Such thinking is what inspired a recent Babylon Bee satirical story about how evangelicals would vote for Satan himself if he had an “R” after his name.

But let’s put voting for Republican Satan aside for a moment.

I also hear a lot about compromise — a word as equally misunderstood as the word judging — but compromise only applies to how we achieve the goal; it doesn’t apply to the goal itself. When you change the goal instead of the methodology, that’s capitulation, not compromise.

For example, so-called conservatives promised to defund Planned Parenthood and could have compromised on how to get it done in a myriad of ways. Instead, they capitulated by passing spending bills that fully funded the baby butchers in exchange for defense spending and keeping the government open.

To quote a well-known insurance commercial, “That’s not how this works. That’s now how any of this works.”

When their rhetoric fails to match their results, and when they capitulate on our goals and call it compromise, I will call out faux-conservatives regardless of what faction they belong to.

And despite accusations from supporters of Trump, Cruz, Lee, and other so-called conservatives, not every politician needs to measure up to my standards . . . but they should.

Originally posted on StridentConservative.com.

 


David Leach is the owner of The Strident Conservative. His daily radio commentary is distributed by the Salem Radio Network and is heard on stations across America.

Follow the Strident Conservative on Twitter and Facebook.

Subscribe to receive podcasts of radio commentaries: iTunes | Stitcher | Tune In | RSS

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