The US Quandary over Civil Liberties and its equivocation over ¡Cuba Libre!

 

 

 

Both Dan Bongino and Mark Levin have respectively made points about President Biden's National Constitution Centre speech made earlier this week. That prima facie the administration is seeking to define and create enemies of the state. 

That seems to point to the enemies being over 50% of the US population who do not wholeheartedly support the Democrat Party's Marxist flavoured agenda or question the 2020 election and support electoral integrity measures.

 This is inflaming the 6 Jan riot beyond what it was.  Not one person has been charged with insurrection!   Why?    Because at law there was not and could not be  one.  There was no activity of insurrection (no actus reus).  There was no mental intention (mens rea) for one either given the disparate groupings involved.   The charges are of trespass and wilful damage nature.

 Gas lighting 6 January  as an insurrection is to create a shibboleth political narrative.  It is dangerous and Biden's divisive speech exacerbates the 'truth problem'.     Low levels of trust in the media and government are not good things when added to the arbitrary application of law in the USA.  Machiavelli in his Discourses observed that a state which is partial in its application of the law is on a  slippery slope in terms of public trust and therefore longevity is compromised. 

  For example, the 600 arrested over 6 Jan are without bail awaiting charges and in solitary confinement, away from home states and subject to abuse, while BLM/ANTIFA rioters were mostly let go.  The 600’s treatment comprises serious breaches of civil liberties.

 The partiality of law is also seen in the ducking for cover by the US Supreme Court in refusing to grant leave to hear cases over the breaches of Article  2.1,2 of the US Constitution involving the separation of power and the efficacy of state legislatures to do their job. 

 The Georgia audit of the 2020 election has now shows  a case exists which the Courts earlier had not granted leave to hear.   Questioning the election has thrown up issues in Arizona as well.  Cases of electoral fraud have also been prosecuted. E.g. Texas,  but have had little media coverage.

 Faith in the Courts has been lost.  The partiality of justice  is evident in the weaponising of law as  shown in the case of the  New York State's A-G and the Manhattan DA's political crusade over Trump corporation tax has largely proved to be an errand in the wilderness.  The Democrat A-G had campaigned on the ground of putting Mr Trump in jail in her election for office . She ought to have recused herself from  the case but those traditional ethical grounds are brushed aside in favour of the exercise of  political will

 The social consequences of Big Lies, which Solzhenitsyn, wrote about are palpable and rot the state.  The President is slaying down the pathway  for incitement (or stirring up as the HRC would have it)  by demonising people by stating that 6 Jan was even a worse event than the  Civil War.  The Civil  War had casualties of over 700,000 and involved the destruction of some towns and cities with Atlanta being  a notable example.  The President’s comparison is fatuous and recklessly made.  It is a speech that should go down in the Annals of US history as one of grotesque infamy.

 Mr Posobeic in the above  Tweet  discloses a  very worrying trend of the Biden Administration.

 Add that to the  Democratic National Committee of the Democrat Party, from a Politico report,  argues for the state to have the  ability to read people's emails and SMS texts.  The NSA’s intrusion into Tucker Carlson’s texts and emails illustrates that they are doing this de facto.

 This is then backed up by Ex FBI Director Frank Figazzi, who seems to be intensely conspiracy-minded,  has argued on MSM TV that members of congress should also be investigated and surveilled.  That is a bewildering and astonishing statement to be made in a Constitutional Republican Democracy and abrogates the constitution’s protections.

The foregoing frames a context for the Biden Administration’s   position on Cuba given its own encroachments of citizens' civil liberties. 

 The  Democrats have not called out the oppression in Cuba and unanimously would not support a resolution by the Republicans to do so. 

 The White House press secretary first stated the protests were over covid and medical supplies  then later has said the protests in Cuba are over ‘economic mismanagement’ and that the  White House supports the right to protest. 

 As Dan Bongino rightly points out there is NO RIGHT TO PROTEST in Cuba and that is the very point of the protests, which  are  calls for liberty- ¡libertad!  Not calls of end the mismanagement,  not for covid supplies but the end Communism.  Civil liberties as we know them (or may use to know them) do not exist in Cuba.

The lack of commitment on the issue of Cuban liberty  speaks volumes for the present state of the US polity and its present trajectory.  The Democrat Biden Administration  wants to do what a socialist totalitarian state like Cuba does.

 The great paradox is this:  The US is heading to socialist type totalitarian state: the Cuban people want liberty. 

 Is the  New Zealand government going to call out the present oppression in Cuba?

 The value of Liberty should never be underestimated nor lost sight of and always be should be sought and safeguarded.

 Graham Hill
Nelson, 16 July 2021

 

 

 

American Marxism by Mark Levin

 

This book is applicable for we in new Zealand as well...

 

The six-time #1 New York Times bestselling author, Fox News star, and radio host Mark R. Levin explains how the dangers he warned against in the “timely yet timeless” (David Limbaugh, author of Jesus Is Risen) bestseller Liberty and Tyranny have come to pass.

In 2009, Mark R. Levin galvanized conservatives with his unforgettable manifesto Liberty and Tyranny, by providing a philosophical, historical, and practical framework for halting the liberal assault on Constitution-based values. That book was about standing at the precipice of progressivism’s threat to our freedom and now, over a decade later, we’re fully over that precipice and paying the price.

In American Marxism, Levin explains how the core elements of Marxist ideology are now pervasive in American society and culture—from our schools, the press, and corporations, to Hollywood, the Democratic Party, and the Biden presidency—and how it is often cloaked in deceptive labels like “progressivism,” “democratic socialism,” “social activism,” and more. With his characteristic trenchant analysis, Levin digs into the psychology and tactics of these movements, the widespread brainwashing of students, the anti-American purposes of Critical Race Theory and the Green New Deal, and the escalation of repression and censorship to silence opposing voices and enforce conformity. Levin exposes many of the institutions, intellectuals, scholars, and activists who are leading this revolution, and provides us with some answers and ideas on how to confront them.

 

 

As Levin writes: “The counter-revolution to the American Revolution is in full force. And it can no longer be dismissed or ignored for it is devouring our society and culture, swirling around our everyday lives, and ubiquitous in our politics, schools, media, and entertainment.” And, like before, Levin seeks to rally the American people to defend their liberty.

 

Book Depository and Amazon have it.  Amazon has it discounted.    I would be surprised to see it in NZ bookshops.

Words Matter—Or Not: The Biden Vocabulary of the Times

 

 

Professor Victor Davis Hanson provides a lexicon to discern the meaning of the Woke Biden Administration.  I believe Thucydides would understand and approve

 From: https://victorhanson.com/wordpress/words-matter-or-not-the-biden-vocabulary-of-the-times/

July 3, 2021 victorhanson

Victor Davis Hanson // Private Papers

Armed insurrection—a motley mob riot with no leaders, no firearms, no plans, and resulting in five fatalities, four from natural causes and one shot while unarmed by an unnamed police officer.

Assault—anything but 120 days of rioting, looting and arson, $2 billion in damage, 25 killed, and 14,000 arrested.

Bipartisan—you are if you hate Trump.

Cages—overcrowded border detention “facilities” created by the Obama administration and useful to the Biden team’s open-borders agenda. Otherwise known as “cages” between January 20, 2017-January 20, 2021.

Challenge—engineered utter chaos on the border.

Circling back—just circling and circling…

Collusion—the projection of the crime of the guilty onto those innocent of it.

Diversity—coerced uniformity of thought and expression.

Equity—the plan where everybody ends up the same except those who oversee it.

Gender—what people with degrees call sex.

Herd immunity—once a canon of epidemiology, then taboo, now an inconvenient truth.

Inclusion—mandatory state alienation of a majority of the population.

Infrastructure—borrowing trillions for anything but roads and bridges.

Latinix—unknown, maybe a gladiatorial character in some long forgotten Roman graphic novel.

Noncitizen—now used as if all legal US residents crossed the Southern border illegally.

Root causes—an abstraction used to evade the concrete evidence in front of you.

Scott Atlas—the Nemesis following Dr. Fauci’s hubris.

Unity—uniting half the country against the other half.

Woke—body snatched

 

A Thought for Independence Day

 

 

 

"And those rights, which of course no human document could ever fully spell out, included the rights to property and speech, assembly and free elections, and the right to defense—because, as James Madison would write in his treatise on property in 1792, “There is a right to property and a property in rights.” So property concerns not just physical things, but even such things as one’s conscience counts as one’s property."

From Ned Ruyan's essay "Of Rights and Laws", American Greatness 1 July 2021: https://amgreatness.com/2021/0....

Freedom of speech, freedom of conscience are ours

The Mortal Wounding of the Rule of Law by Political Will: The Case of Mr Giuliani

 

 Rudi Guiliani and co-counsel Jenna Ellis 2020

 

The United State's Marxist Democrat Party proves the adage the socialism arms, and deploys, all the arms and powers of the State in its cause.   The cause, George Reisman tells us,  is "the government's economic plan [which] is part of the supreme law of the land."    The economic plan relies on collectivist Social Justice and its unattainable parent Cosmic justice, and  this  lies behind the current degradation of the  rule of law in the US which is being substituted by political will.

Social and Cosmic Justice eliminates and supersedes justice based on the rule of law and the rights of individuals. The Marxist spawn of Critical Race theory eschews and denounces the present legal and constitutional system and has its terms like "White Privilege".  George Reisman says that 'white privilege' is a term that bamboozle[s people] out of paying attention to and valuing the concept of individual rights..' leaving them with a "nebulous and highly destructive concept of white privilege. He adds: "The very concept of privilege implies injustice."

Rights justice and equality according to the law is under serious attack in the USA by the imposition of political will.   Mr Giuliani’s suspension from the  New York bar exemplifies the arbitrary nature of the  weaponising of justice for political ends and is effected by the  imposition of political will.

The degradation is not new for 2021 but has gained greater traction under the Biden Administration.   A series of cases over time from Democrat prosecutors, let alone the Trump impeachments, have shown prosecutorial overreach the Enron fracas and Arthur Andersen (see the 2019 transcript https://www.foxnews.com/transcript/sidney-powell-on-robert-muellers-poster-boy-for-prosecutorial-misconduct).

The Russian Collusion Bot/Troll farming cases-without crimes- against two Russian corporations (US v Concorde Marketing and Consulting LLC and Concorde Catering LLC); The cases, along with 'Bridgegate' (Kelly v US no 18-1059 decision of the US Supreme Court on 7 May 2020 in favour of the appellants' Ms Kelly and Mr Boroni,) have been, like Arthur Andersen ones of an indictment looking for a crime. Lt General Flynn is the last in a line of politically inspired shonky prosecutions: ( see my earlier article: https://viamedianz.blogspot.com/2020/05/the-ham-sandwich-nz-hate-speech-law.html).

Mr Giuliani now joins the list.

Rudy Giuliani has had his lawyer's license suspended for a statement made on television about the 2020 election.   He had earlier in the  year been subject to a FBI search and  seizure at his home.   Previously, New York bar members who aided in cases after the election were threatened with disbarment a sitting Democrat House of Representative's member, Bill Pascrell.

Michigan Governor Whitmer had threatened the disbarment of lawyers as well. Politicians calling for disbarment is not appropriate as it arguably breaches the separation of powers and is a matter for the Courts to address. We are a long way in time from the Star Chamber.

Jonathan Turley on his legal blog noted that: "Such calls have become commonplace. Indeed, during the impeachment trial of President Trump, North Carolina Law Professor Michael Gerhardt predicted that the entire Trump legal team would be disbarred after their representation of the President."

The right to counsel is a fundamental protection of citizens from the arbitrary exercise of the power of the state.

The due administration of justice in New York State and city seems to have problems with the political weaponising of the legal system. New York State's, Democratic Party elected Attorney General, Letitia James, stood on an election platform of sending Mr Trump to jail, before even looking at any evidence.

A predetermination that someone is to go to jail before a case has been investigated and an indictment laid,

speaks loudly of arbitrary process and breach of natural justice in terms of bias.

The Manhattan DA, Mr Cyrus Vance has spent four or five years in the scurrilous chase of an indictment looking for a case and crime in Trump entities. 100 subpoenas (the number is prima facie oppressive), 3 million pages of documents, expansion of the DA's office staff and all that can be scraped up are some fringe benefits to staff and the CFO. The cost of the investigation would probably exceed the amount of tax in issue.

Apparently, this has not met with the DA's vision.However, it is  the State's A-G vision who has sued Mr Trump during his presidency some 70 times and stood on a platform of getting Mr Trump convicted.    Under the rule of law, neither should never have had a predetermined vision but they had the blurred vision of political will instead.

One of Mr Trump's lawyers has been under attack. Mr Rudy Giuliani's licence to practice law has been suspended and falls within the context of the political witch-hunt. The attack and suspension is another example of the weaponising of the law, as in the Flynn and Bridgegate cases and shows the degradation of the rule of law where it is substituted by the imposition of political will- the will of the party.

It is pointed out that this is hypocrisy and that the Democrats have done similar things and Hunter Biden's dealings and Hillary Clinton's email server. What is lost sight of in the call of hypocrisy, which is a traditionalist's touching call for fairness and equal treatment at law but the rules of the game have changed and the hypocrites do not care. Hypocrisy is the very point: It is about power and the imposition of political will by emerging tyranny.

This is the terra horribilis that Mr Giuliani now finds himself in.

Professor Alan Dershowitz takes the traditionalist line and sets out the position adding a warning:

I taught legal ethics for, I don't know, 35 years at Harvard Law school. I think of myself as a leading expert on legal ethics. I've never ever seen a case where a lawyer was essentially disbarred … without a hearing," Dershowitz outlined. "I mean, the most basic concept of due process is you don't deprive somebody of his living, of his freedom, of his ability to work without a hearing. And then the criteria under which they suspended his law license is so vague. It says in the course of representing a client, a lawyer shall not knowingly make a false statement of fact or law to a third person. In other words, if he goes on your show, or he goes on my podcast, or he goes on Fox or anywhere else, and he makes a statement which turns out to be false, and he had reason to believe it was false, he could be disbarred. Do you know how many lawyers we'd have left if we applied that standard across the board? … We have case after case after case where prosecutors, defense attorneys, lawyers of every kind, have made statements … which turn out to be untrue, and they're never disbarred. And certainly not without a hearing. And so, this is a first. … The atmosphere is such today that if you defended President Trump in any way, they're out to get you. And they're certainly out to get Rudy Giuliani."

"The idea of holding lawyers to this standard of truth-telling when they're on television is a whole new ballgame. It will chill free speech. It will chill advocacy," he added.

Host John Catsimatidis asked if the words "equal justice for all" are dead.

"I think they are mortally wounded," Dershowitz replied. "I don't think we're seeing equal justice for all. I think we're seeing selective justice. … When a prosecutor runs for office, like the attorney general of New York ran for office on the promise that she will get Donald Trump, is that equal justice?   Or is that show me the man, and I'll find you the crime?" (emphasis added; see Link below)

'Mortally wounded' ultimately means leading to and causing death.  Professor Dershowitz adds that this is an ominous precedent because anyone can become a target.

A salient point to note is that the Democrat Party has the greatest number of lawyers in its ranks of any US party. The rule of law and the rule of lawyers are clearly two separate things. I have seen this with an NZLS Branch and it is chilling to see the derogation from legal norms. Like socialists and communist lawyers think in abstractions and humanity and decency dies in abstraction. 

Robert Mueller's and Andrew Weissman's treatment of defendants in Arthur Andersen was illustarted by Sydney Powell  in her address to Hillsdale College in 2020 on the erosion of the rule of law (see: link below). The present US Deputy A-G, Lisa Monaco was also lead counsel in the Mueller Team.

The US is in the process of a slow cold coup by its elected government.  Yet, arbitrary use and abuse of power- legal power- is more likely to bring about revolt as it did in 1776.  We are hard wired for fairness: it is not a social construct.

Addenda:  The Mark Levin Show for 1 July 2021 played segments from the lawyers for Trump entities and the CFO about the unprecedented- it is without legal precedent- nature of the prosecution, which rightly is normally a civil matter.  Mr Giuliani's case falls into the unprecedented as well.

Graham Hill MA (Hons) LL.B (Hons)

Nelson, 2 July 2021

Links:

https://www.breitbart.com/clips/2021/06/27/dershowitz-on-giuliani-law-license-suspension-equal-justice-for-all-mortally-wounded/

https://www.youtube.com/watch?v=LTV1Y_QuZOM