Giffords Law Center Presents Anti-Gun Arguments That Contradict Not Only The Constitution, But Their Own Positions

Herschel Smith · 22 Apr 2020 · 6 Comments

In an Amicus Brief submitted to the United States District Court for the Southern District of California, Miller versus Becerra, the Giffords Law Center and associated attorneys make the following argument. Such combat-style features distinguish military rifles and their semi-automatic counterparts from standard sporting rifles, and are not “merely cosmetic”—they “serve specific, combat-functional ends.” H. Rep. No. 103-489, at 18. The Regulated Assault Rifles include features that…… [read more]

The FBI’s War On Civil Liberties

BY Herschel Smith
5 days, 10 hours ago

News about the FBI.

The FBI’s war on civil liberties and political dissent is kicking up a notch.

National Justice interviewed Shandon Simpson, an Ohio-based member of the National Guard currently being discharged who was humiliated, threatened and tortured by federal agents. He was never charged for a crime.

A parallel military investigation found that, while initially his identity was withheld (he wasn’t charged with anything), the FBI later leaked it to Christopher Schiano of the “antifa” group Unicorn Riot.

Simpson was then ordered to sign a Non-Disclosure Agreement (NDA) in hopes he would stay silent about what he was subjected to. Simpson having his rights violated has compelled him to speak out anyway.

Simpson’s ordeal should be considered within the context of the FBI’s crack down on “white domestic terrorists.” Multiple sources across the country have told National Justice that the FBI has harassed them, usually relating to political and social discussions held on the free speech messaging app Telegram.

Federal agents appear to be heavily infiltrated in Telegram chatrooms and are aggressively grasping at straws in hopes of netting a white villain they can parade for the cameras. The political goal is to take attention off the killing and rioting by anarchists and black groups going largely unpunished across the country right now.

The interview is as follows.

Eric Striker: So how did this all start?

Shandon Simpson: I received a call on my phone from an FBI agent asking where I was. I was at the time serving in the National Guard and deployed at Lafayette Park as a deterrent to defend against more rioting from leftists and black lives matter.

ES: What happened then?

Simpson: I was approached by about seven FBI agents from the counter-terrorism unit, two members of the CIA, and a military intelligence officer, who pulled me out in front of my unit.

They then began asking me if I was Zoltanous HN on Youtube and Telegram, where I have promoted the ideas of nationalism and third positionism. I had previously made it known that I was serving in the military through these channels and an undercover federal agent in the chat room sprung into action.

I never said anything illegal. They were asking me about a single out of context comment where I said my unit was being deployed with live ammo.

The FBI agents then began aggressively needling me about my political beliefs. They asked me about my personal views, whether I engaged in activism, if I was at Charlottesville, and whether I was a member of any nationalist organization, they named a few like Patriot Front and Vanguard America.

They also asked if I knew various journalists and political commentators, like you (Eric Striker) because they saw your telegram channel on my phone, and whether Richard Spencer was affiliated with any terror networks.

It was clear that their information on dissidents is being fed to them by very prejudiced second hand sources outside of law enforcement, like the SPLC or ADL. It was clear they were shooting in the dark and asking ridiculous questions that a person with even superficial knowledge of the nationalist movement would not have to ask. They were very desperate.

ES: I heard something about them threatening you with violence during the interrogation. What exactly did they say and why didn’t you get a lawyer?

Simpson: I was unable to get a lawyer because my superior officer gave me an order to talk to them.

At one point, one of the agents became frustrated at the fact that I wasn’t doing anything wrong and began to threaten me. He started asking me why I supported “losing causes” and told me he was going to wrap me in a Swastika flag and march me through the crowds of violent “antifa” rioters nearby. He never did it, but behavior this unprofessional really reveals how Christopher Wray’s claim that the FBI does not investigate and persecute ideology is a brazen lie.

When all was said and done they realized that I hadn’t done anything they could credibly charge me with.

ES: How did your information get leaked to the media if you weren’t even charged?

Simpson: Soon after talking to the intelligence agents, Ohio Governor Mark DeWine called my unit back from its Washington mission, citing information from the FBI claiming a person who had expressed “white supremacist ideology” on the internet prior to the deployment was in it.

An anarchist group affiliated with “antifa” days later published my personal information and the supposed offending screenshots from my telegram account that the FBI had obtained.

According to a parallel military investigation, the FBI leaked this material from their investigation to Christopher Schiano of Unicorn Riot, who published it on June 9th.

Shortly after this publication, my family began receiving harassment and I was sent death threats from anarchist groups.

ES: How did your military investigation go?

Simpson: When I returned back to Ohio, I was placed in solitary confinement for a week by the military, who said they were pressured to do it by the FBI.

I was not charged with any crimes. My lawyer told me he has never seen something like this happen before. Holding a person in jail for more than 72 hours with no charges is illegal, yet they brazenly did it anyway.

I am being discharged from the National Guard for bringing “shame” to my unit.

I have six fairly quick observations.  First, I don’t like Richard Spencer (he only figures small in the questioning, apparently), and there is no question he is both an uneducated idiot (and not a very good speaker), and no friend of liberty.  In fact, by his own admission, he is a socialist.

Second, being discharged is very different from being dishonorably discharged.  In the former case, he can own firearms and get a job.  In the later case, he can’t.  The story isn’t clear here, but if the later is true, he should get a good lawyer.

Third, I’ve heard that in many trials where the FBI brings charges against someone, juries are rejecting the charges prima facie if video doesn’t exist.  No one trusts the FBI any more, and is there any wonder why?  I wouldn’t trust anything the FBI said if I was on a jury.

Fourth, the FBI is apparently focusing on this sort of thing rather than shutting down Antifa, BLM and other socialist groups.  That’s your tax money at work.

Fifth, never talk to the police.  No one can order you to do that.  This kid was dumb.  He should have demanded a JAG the minute an agent approached him.

Sixth, this goes to active duty military.  Don’t ever discuss the details of a deployment.  That’s called OPSEC, and even if they don’t officially call it that, they’ll stick a title on it like FOUO.  Don’t talk to the media, including social media.  And watch who you associate with.

There Is No Doubt About The Effectiveness Of Hydroxychloroquine

BY Herschel Smith
5 days, 11 hours ago

PJM.

Last week, a new peer-reviewed study of hydroxychloroquine’s effectiveness at treating the coronavirus was published, and it found that the drug significantly reduced mortality rates.

[ … ]

CNN’s Chris Cuomo also mocked Trump for taking the drug, even though he had used a version of it himself for his own treatment following his positive diagnosis for the coronavirus.

How many lives were lost because the Democrats and the media claimed that taking hydroxychloroquine would kill you? In May, Dr. John Giles of Columbia University told NPR that fears about hydroxychloroquine made it difficult to recruit volunteers for clinical studies. “Pretty much everybody said, ‘well, that’s the drug that is dangerous to your heart,’ or ‘I talked to friends and they said don’t take it,’ or ‘I saw it on TV that it was dangerous,’” Giles explained. “It became almost impossible to get anyone interested.”

But Giles knew these fears were unfounded. “It’s a very, very safe drug. It’s been used for over 75 years,” he said.

Despite the drug being safe, Giles eventually gave up on doing his study.

He wasn’t alone. Dr. Christine Johnston at the University of Washington told NPR that volunteers felt “that the study and the drugs feel too political, and they just don’t want to participate at all.”

And all this time, hydroxychloroquine has been shown to cut the death rate of the coronavirus in half.

A Yale study published in May noted that “Five studies, including two controlled clinical trials, have demonstrated significant major outpatient treatment efficacy” of hydroxychloroquine alone or hydroxychloroquine combined with azithromycin. “These medications need to be widely available and promoted immediately for physicians to prescribe.”

It was never in doubt with me.  But the anti-science people in the MSM killed Covid patients with their hysteria.  They’ll answer to the Almighty for their lies.

What’s Behind The High Covid Count In Texas?

BY Herschel Smith
5 days, 11 hours ago

There’s this.

AUSTIN, Texas — The national narrative about the current State of Texas Covid-19 crisis (and Arizona’s and California’s) goes like this: Fault for the escalating spike in hospitalizations that have overwhelmed Texas care facilities falls entirely to Gov. Greg Abbott’s phased reopening and the cavalier partying of bar patrons and spring-break revelers, all exclusively inside the state. The governor and local officials are succumbing to the narrative by reinstituting closures as a guard against future youthful stupidity.

But my Border Patrol sources, Mexican media reports, and obscure local media reporting at the border tell a Texas story at sharp variance with that narrative. Taken all together, the collection of reporting persuasively suggests that some percentage of the Texas Covid-19 hospitalizations, likely a significant one, comes from an ongoing influx of seriously ill patients who caught the virus in Covid-exploding Mexico and are legally and illegally crossing the border to flee that country’s completely overrun health system. Refusal to acknowledge this ground truth and to excavate the data necessary to inform the right policy choices presents a danger to life that is more real than any imagined political offense by stating that Mexico is a source.

Enough evidence is now on hand that severely ill patients are pouring over from Mexico and adding to the American counts of hospitalization and death, probably coinciding with regular community spread resulting from recent mass protests. What’s needed now is acknowledgement that there are at least two merging streams, not to be conflated with one another.

The most convincing evidence emerged from national reporting back in May, before widespread second-wave spikes generating the current panicked and uninformed policy responses. These are no longer cited in context of the crisis that much more recently developed: The New York Times, the Washington Post, the Wall Street Journal, and most recently, to its rare credit, CNN on June 29, have established a credible anecdotal baseline that Covid-19 patients have been flooding through California and Arizona border ports of entry from Mexico (some illegally) — by the thousands — since at least mid-May as the virus struck our southern neighbor a month or two behind the United States. It was no coincidence that at the same time the Baja and Sonora state hospital systems were seizing up in worst-case scenarios of deadly convulsions.

The CNN report confirmed other reports that American expatriates and Mexican visa-holders were coming up to California ports of entry aboard ambulances, or calling ambulances as they were crossing on foot. The CNN story, for instance, quoted Carmela Coyle, president and CEO of the California Hospital Association, calling what is underway “an unprecedented surge across the border”.

But don’t look for that in the narrative.  It doesn’t fit.

Mike At Guns & Gear Answers His Critic

BY Herschel Smith
5 days, 11 hours ago

Not critics, but critic. One of them. What, you mean to tell me that Yankee “I believe in love, massive utopia, rainbows and pixie dust from purple unicorn farts” Marshal is an ignoramus?

Does anybody really watch that guy’s hysterical, emotional, over-dramatized crap?

Bank Glass Firearms Test

BY Herschel Smith
5 days, 11 hours ago

What Is A Militia?

BY Herschel Smith
6 days, 11 hours ago

By now you’ve all seen the video of the Antifa/BLM march on Stone Mountain.  I’ve been to Stone Mountain.  It’s a magnificent sculpture in honor of magnificent men.  I won’t embed or discuss the video at length because my initial take on it is that it’s bait.  The intent was to bring out attacks, start riots, and catalyze another incident to stir up a race war.

The second take is that it is a concoction and weird assortment of fat girls, soy boys with Airsoft guns, rifles with no optics, and jammed weapons.  A better analysis of what actually constitutes a militia comes to us from NC Scout.

I use the term Mossy Oak Militia in the intro to Radio Contra. The guys who are going to save this nation ain’t wearing the latest and greatest gucci-cam. They’ll be wearing Mossy Oak, Realtree and whatever they get off the surplus store floor. They’re what you’d call the good ol boys, the ones you’d overlook in a Wal Mart, look past everywhere else, and pray they don’t get ticked off at the local tap room.

These are the guys who can skin and eat any game animal and do it for fun. They’ve stood by silently and watched everything they held dear- God, Family, Country- be disrespected and desecrated over and over. These are the boys who have stood back and asked themselves “is it really worth me getting fired from my job and losing all I have?” when increasingly, over and over, that answer is becoming a resounding yes. The people I have coming to classes ain’t a bunch of wannabes. They’re men looking for skills in a dirty war. The war that’s coming. They’re not into posturing at some bullshit rally, because they know that’s pointless, and they’re ready to stand up and actually make it count.

It occurs to me that there’s a gigantic difference between having a temporary loudmouth to cycle emotion in the middle of a street, never to see this guy again after the event, and real leadership when this stuff transfers to the suburbs or rural areas.

That’s where it will be won or lost.  Suburbanites and rural folk can get by just fine without ever going to the inner city.  The inner city, on the other hand, relies on the rural folk for food.

Politics Tags:

Florida Sheriff Darryl Daniels Is Just An Opportunistic Liar

BY Herschel Smith
6 days, 11 hours ago

Some folks jumped on the statement by Clay County Sheriff Darryl Daniels that he would deputize gun owners in response to Antifa/BLM.  I didn’t.  I did some research.

“God is absent from the media’s message or Black Lives Matter or any other group out there that’s making themselves a spectacle, disrupting what we know to be our quality of life in this country,” he continued. “In Clay County, we have a great quality of life, we have a great relationship with our community.”

“Lawlessness — that’s unacceptable in this country. Lawlessness — that’s unacceptable in Clay County,” Daniels said. “If you threaten to come to Clay County and think that for one second we’ll bend our backs for you, you’re sadly mistaken.”

“I know what happens when lawlessness prevails,” he continued, adding, “God is raising up men and women, just like the folks you see standing behind me, who will have strong backbones and will stand in the gap between lawlessness and the good citizenry that we’re sworn to protect and serve.”

[ … ]

“If we can’t handle you, you know what I’ll do? I will exercise the power and authority as the sheriff, and I will make special deputies of every lawful gun owner in this county,” he said. “And I’ll deputize them for this one purpose: to stand in the gap between lawlessness and civility. That’s what we’re sworn to do, and that’s what we’re going to do.”

“You’ve been warned,” he concluded.

He sounds like a man with honor, yes?  Maybe not so much.

The wife of embattled Clay County Sheriff Darryl Daniels has filed for divorce, and his corrections officer mistress has resigned from the Jacksonville Sheriff’s Office.

Court records shows Denise Daniels filed the paperwork Friday, checking the box next to “The marriage is irretrievably broken” on the petition form.

The filing comes almost a year after Officer Cierra Smith was stripped of her duties when the Jacksonville Sheriff’s Office internal affairs division launched an investigation into several complaints of misconduct. Those complaints included that she had sex in the office with her boss, then-jail chief Darryl Daniels, before he was elected sheriff in Clay County.

But he got what he wanted out of this.  The race for election again has been stirred up.  Oh, and about that promise to deputize gun owners?  You guessed it.

Clay County Sheriff Darryl Daniels clarified on Wednesday the statements he made warning Black Lives Matter protesters that he can deputize “every lawful gun owner” in the county.

In the video clearing up his headline-producing statements, Daniels said: “We have not given, and will never give anybody the autonomy or approval under the name of the Clay County Sheriff’s Office.”

He added that authorizing local residents to use deadly force on protesters would be a violation of his duties as a sheriff and of state statute.

“That is our responsibility,” said Daniels. “But when it comes to protecting this county, that is more than the sheriff’s office responsibility. It’s us collectively, it’s our county, it’s our community and our responsibility to police ourselves together, but when it comes to authority, the authority is the Clay County Sheriff’s Office and every sworn law enforcement officer in this jurisdiction.”

So he’s a liar and adulterer who was looking for a hook for reelection.  There you have it.

“Gypsy Hoax” Lands Michigan Couple Behind Bars

BY Herschel Smith
6 days, 11 hours ago

Gateway Pundit.

Oakland County Prosecutor Jessica Cooper charged Jillian Wuestenberg, 32, and Eric Wuestenberg, 42, each with one count of felonious assault, a four-year felony. The Independence Township couple each possessed one loaded firearm and CPL licenses, Sheriff Mike Bouchard said.

“As part of the bond conditions, they must turn over all firearms, not engage in any assaultive behavior, and may not leave the state,” sheriff’s officials said.

The incident stemmed from a bump and lack of apology, according to Bouchard.

“Let’s have a little more tolerance for each other and not being so quick to react,” Bouchard said. “If someone is doing something improper or unfair, I tell my family and friends to look away. This is not the moment to plant your flag.”

A white couple leaving a Chipotle restaurant this week were falsely accused of racism by a black woman and her 15-year-old daughter.

The black woman accused a pregnant white woman of bumping into her daughter near the entrance of the restaurant and demanded an apology.

The white woman tried to deescalate the confrontation by peacefully walking away and got into her car as the black woman called her a “dumbass bitch.”

The black woman then turned her ire toward white woman’s husband and threatened him: “And if you say something I’ll beat your white ass too.”

As the white couple backed up their vehicle to leave the parking lot, the black woman rushed behind the SUV to block them from leaving and accused them of ‘trying to hit her.’

The black woman pounded on the vehicle and threatened to beat them.

And yet, the couple was arrested.  She pulled a gun in self defense.

Hopefully this couple will have their rights restored, as what they did was perfectly legal.  Here’s a similar case where the Michigan Court of Appeal rules that drawing your firearm is nonlethal force and can be used to deter unlawful force.

The relevant section of law:

780.972 Use of deadly force by individual not engaged in commission of crime; conditions. Sec. 2.

(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies: (a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.

A troubling outcome of this is that the man was fired from his job.

The best advice I can offer is to get out of Michigan.  Get … Out … Of … Michigan.

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Appeasement Is Not An Option With The Mob

BY Herschel Smith
6 days, 11 hours ago

David Codrea.

Appeasement, as history invariably shows us, is not an option (and all you gun groups that think we can “compromise,” take note). It’s repeating itself with raging protests against prominent politicians who have tried to boost their own “progressive” credentials by signaling solidarity with the mob. Case in point, Seattle Mayor Jenny Durkan, who characterized Chaz/Chop as “patriotism,” and who now finds her own home the target of screaming leftists who will never be satisfied until they have torn everything they hate (essentially Creation, if you want to get theological) and replaced it with hell on earth.

Thomas Jefferson was wrong.  He and John Adams famously disagreed on the French Revolution.  Jefferson thought it the next phase and brother to what was done in America, while Adams knew better.  The American war of independence was born of reformation ideas.  Here, see my former professor Douglas Kelly, “The Emergence of Liberty in the Modern World.”  The French revolution was born of the enlightenment.  Here, see Carl Becker, “The Heavenly city of the Eighteenth Century Philosophers.”

The American revolution recognized God given rights.  The French revolution recognized no rights except that of the mob.  There are no protected ones, including and especially the elitists.  Jeff Bezos can apologize for the Marxists all he wants – the crocodile may eat him last, nor not, but it most surely will eat him.  Appeasement won’t work with this mob any more than it saved special people from the guillotine during the idealistically similar one in France.

Provo, Utah, Is Introduced To Antifa & BLM

BY Herschel Smith
6 days, 11 hours ago

An Antifa/BLM protest in the middle of the road (again, imagine that), involved some loser shooting into a car.

The Provo police department initially issued this statement.

Provo City Police were made aware of a planned Police Rally and a Counter protest scheduled for last night. Both events coincided without incident until 8:38 pm when a call was received regarding possible gun shots and a hit and run.

I sent a note to the Provo PD asking if they were really going to treat this as a “hit and run.”  I received this response.

Herschel,
Normally as the investigator I only respond to messages with evidence for follow up. I thought it important to follow up with you in regards to the post you shared with me.
It is important to understand that the statements that are put out such as this one are done with limited information. I would also like to point out that callers had called in to report a hit and run, hence the statement.
With that being said, we are not looking at this case as a hit and run. The shooter has been identified and booked for attempted murder along with others. We are working tirelessly to identified all those who broke the law. We have no intentions of charging the shooting victim.
I would like to thank you for your concern and willingness to be involved in the community. If you have any further questions let me know.

Very well.  The loser is in custody.  I hope he never sees the light of day again.

Politics Tags: ,


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