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Despite claims to the contrary, Trump and McConnell aren’t fixing our broken judiciary

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While so-called conservatives and Trump supporters—but I repeat myself—have been singing the praises of Donald Trump for nominating Brett Kavanaugh to replace Anthony Kennedy on the Supreme Court, Mitch McConnell has been busy singing his own praises for his work in reshaping the federal judiciary in Trump’s image.

Unfortunately, this self-aggrandizing by and for Trump and the GOP may serve them well in November, but it perpetuates the status quo and misses the opportunity to provide the reform necessary to save the judiciary and our republic.

Based on past opinions where he stated that sitting presidents are above the law and that the NSA can violate our Fourth Amendment rights, Kavanaugh appears to be Kennedy 2.0 and not a strict constructionist. If he is confirmed, the broken Supreme Court remains broken.

And despite making the judiciary his “top priority,” McConnell has failed—a word we use often when discussing the Senate Majority Leader—to make the changes necessary to fix the lower courts, leaving them broken as well.

With all eyes on the Kavanaugh nomination this week, Trump’s nomination of Mark Jeremy Bennett to the Ninth US Circuit Court of Appeals—one of the most overturned courts—was confirmed thanks to unanimous support from Democrats. Only 27 Republicans dissented.

Based on past opinions, Bennett’s confirmation is bad news for the Second Amendment as he believes that gun bans are constitutional. And on a side note, he supported same-sex marriage before the Obergefell decision.

Just as he missed an opportunity to shift the Supreme Court to the right with the Kavanaugh nomination, Trump’s choice of Bennett was a missed opportunity to shift the Ninth Circuit—a court that routinely decides against the Constitution. Ironically, these two nominations could be doubly damaging.

Since Congress has demonstrated zero interest in judicial reform, the current practice of assigning unilateral jurisdiction of the various circuit courts to individual Supreme Court justices will continue to be employed. Based on past practices and seniority, it’s likely that Kavanaugh will be assigned to the Ninth Circuit. If that happens, we will have a non-constructionist Supreme Court justice overseeing one of the worst circuit courts and its newest non-constructionist justice, Mark Jeremy Bennett.

Following Kennedy’s retirement announcement, I wrote a piece about how McConnell would likely use the news to save his job, so I’m not surprised that the Kentucky senator has turned the judiciary into an election-year issue. I’m also not surprised that Donald Trump lied about appointing strict constructionists to the courts.

And, in the end, I won’t be surprised when liberty in America is destroyed by the time Trump and the GOP are through.

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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Guns and Crime

Intellectual ammunition, part 3: Armed with logic and a mistake by SCOTUS

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Intellectual ammunition part 3 Armed with logic and a mistake by SCOTUS

Is nuclear annihilation less of a threat than purchasing a lower parts kit?

In the third part of a multipart series, Gardner Goldsmith @gardgoldsmith of MRCTV addresses the issues surrounding Liberty Control, destroying some of the prevalent mythologies in the process.

Which is more intimidating: purchasing an inanimate object or the threat of gun confiscation?

In the beginning of the video, he asks the very pertinent question:

“Who engages in threats of gun violence, the civilian who owns, or attempts to own, a firearm, or the civilian or politician intent on passing ‘gun control’ statutes?”

Which is quite an interesting point in light of the comments from Representative Eric Swalwell (D-CA) who wants the government to make gun owners an offer they can’t refuse on their freedom. Rejecting said offer could see them and millions of other die in a thermonuclear style gun confiscation.

That threat being just the latest of the long list of over 70 instances of Leftists demanding gun confiscation. Note that number could easily be doubled or tripled if one were to account for the number of times those demands were syndicated or excerpted in other publications.

The video details the point that it is the people wanting to impose controls on freedom that are threatening violence – up to and including nuclear genocide. But perhaps if one if of the Liberty grabber set on the Left it’s possible that someone having a scary looking rifle is far more of an issue than the wiping out of an area via nuclear incineration with fallout contaminating everything down wind.

The illogic of so-called ‘Gun-free’ zones.

Further on he addresses question of whether the passage of more and more restrictions on freedom and setting up ‘gun-free’ zones keep people safe? Consider the scenario he proposes in how a mass murderer might select is his target:

And what of the idea that, practically, passing gun statutes will make areas safer? In Part One of this series, we looked at the real-world numbers on that question, but here is a logical argument to pose to gun-grabbers.

Suppose you are in a paintball game. You have a paintball gun, and you will win $10,000 if you enter one of three houses and, in five minutes, hit ten people with pellets. If you get hit by a pellet, you will have to pay $200,000… There are forty people in each house. In House One, you know that there is no one with a paintball gun. In House Two, you know that there are a few people with paintball guns, and in House Three, you know that there are many, many people with paintball guns.

Which house would you choose?

The answer is obvious. Let’s not be foolish about pretending that we would choose anything other than House One.

The logic of self-protection through firearm possession and use is irrefutable. The statistics of it are clear. The history of despots disarming citizens prior to destroying their lives is also clear, as is the history of what the Founders thought when they wrote the Second Amendment.

 

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Democrats

Kamala Harris pushes fraudulent ‘petition’ to build her 2020 fundraising spam list

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The worlds of marketing and political campaigning have many things in common. Their intention is to persuade people. They’re both selling something. They employ tested colors, designs, and buzzwords to get people excited. One of the keys to their success is something called “list-building.”

With ballots from the 2018 elections still being counted, Senator Kamala Harris is wasting no time building her 2020 list. To do it, she’s employing a deceptive technique, promoting an online “petition” that’s really nothing more than a way to get people to willingly give her campaign their contact information. These people will be targeted with campaign fundraisers later.

No official announcement has been made about her 2020 presidential run, but it’s hard to believe she’s not running after purchasing 1,100 Facebook ads to promote these “petitions.” A Facebook ad doesn’t have a set cost, but we can assume big money is being put into these list-building ads because of the sheer volume. To put it into perspective, Beto O’Rourke spent around $5 million on Facebook ads for his Senate campaign. Presidential campaigns can easily spend 25 times as much as an expensive Senate campaign.

Unlike a valid petition people often sign to get a candidate or proposition on a ballot, these list-building petitions don’t actually do anything. People are told they’re demanding this action or that, but in the end they’re just giving over information. Some go so far as to ask for everything, including name, address, phone numbers, email, and occasionally even income. These lists grow much more slowly because of the depth of the information requested.

A more common technique is to ask for minimal data to encourage people to fill it out. At the end of the day, all a campaign really needs is an email address they can later use in fundraising campaigns. Here’s an example of an ad Senator Harris’ campaign recently put out:

Kamala Harris Petition

The meta data reveals the page was titled, “Acquisition: 180822 Mueller FB.”

“FB” means it was a Facebook campaign. “Mueller” was the topic. “180822” is the tracking number for A/B testing. “Acquisition” is the goal. Anyone who signed this “petition” has just had their contact information acquired. Mission accomplished. They will soon be receiving emails asking them to donate to the Kamala Harris 2020 presidential election fund.

As for the results of the “petition,” they will go nowhere. There won’t be a Congressional action that is enabled by the thousands of people who “signed” it. You won’t see Kamala Harris standing in front of the White House reading off the names of the people who participated in the “petition.” She couldn’t do that even if she wanted to because the “petition” only asks for a first name. Are there really people out there who believe signing a petition only requires a first name?

Senator Harris is promoting fraudulent petitions with the sole purpose if building her 2020 fundraising spam list. Anyone who “signs” it believing they’re demanding protection for Robert Mueller is a sucker. That’s exactly who she wants to target.

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News

Florida update: Rick Scott almost certain to win

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Florida update Rick Scott almost certain to win

By now, Rick Scott should be transitioning into the Senate and Bill Nelson should be looking for a new job. Instead, we’re having to wait a few more days until it all gets sorted out in the election-challenged state of Florida.

The good news for Scott, the current Republican governor, is that when the dust settles, he will be declared the winner.

Over 4,000 ballots are in bad-signature limbo, meaning they are currently being rejected over signatures that do not match what’s on record in 45 Florida county election offices. No word on how many ballots were rejected in the 22 other Florida counties.

Currently, Nelson trails Scott by around 12,500 votes.

With half a dozen lawsuits crossing the state over every voting issue imaginable right now, there will be legal proceedings that go well beyond the election’s final results. As it stands now, we won’t get those final results until a manual recount. The state’s threshold following a machine recount is .25%. Scott’s lead is currently at .14%.

My Take

It’s better to get elections results right than to get them swiftly. Both sides have used legal maneuvers to promote their causes, and while this can be an annoyance to voters while forcing the rest of the nation to collectively scratch our heads, it’s imperative that they see this all the way through to the end.

Republicans are wrong to be in a hurry to certify results because in such a close race, we as Americans should hope every valid vote is counted and every invalid vote is rejected. They’re in a hurry because there’s nothing to gain for the party by prolonging a race they’ve won. It’s understandable, but misguided.

Democrats are wrong on multiple levels. First, it’s becoming more and more clear that someone, whether it be election officials like Brenda Snipes, secret groups with ballot access trying to cheat, or a combination of the two, is trying to tip the scales in favor of Democrats. Second, some of their delay techniques and legal maneuvers won’t do anything to change the election results but are intended to taint the GOP wins. Third, their attacks through the media on Republicans, including Scott and governor-elect Ron DeSantis, have been unnecessarily brutal.

While it’s very likely Rick Scott will be declared the winner… someday… this latest series of incidents highlights two things: Florida’s election incompetence and forces working on behalf of Democrats to steal elections any way they can.

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