burden of proof

House Democrats Sit-In To Ignore The Fifth Amendment (Thereby Disgracing Themselves)

/ Jack Marshall / 125 Comments

Sit in

When is it not a partisan act to condemn an entire political party and the followers who applaud it no matter what it does?

One example is unfolding before us: the Republican Party’s absence of sufficient integrity, principle and will to deny Donald Trump the party’s endorsement and nomination for President. It’s not a partisan act to condemn this. It is objective, rational, and responsible.

It is similarly objective, rational and fair to condemn the Democratic Party and its blind, knee-jerk followers for engaging in one of the most cynical, hypocritical and pandering displays in memory: the current “sit-in” to force the House to vote on anti-gun bills that unambiguously bypass the Fifth Amendment of the Constitution, denying American citizens their civil rights by government edict.

House Democrats, symbolically led by Rep. John Lewis, the elderly civil rights icon who seems now bent on making an ass of himself, have vowed to “occupy” the House Chamber until the no-fly list ban on gun purchasing is voted on, essentially shutting down that side of Congress.  For those whose brains are functioning, this is about as naked a display of political cynicism as we have seen, even topping Ted Cruz’s destructive government shut-downs.

Two days ago, it was Senate Democrats not Republicans, who voted down a bill that would have given the Justice Department power to block gun purchases by anyone on a terror watch list, provided that the government fulfilled its duty of  due process but going to court and satisfying to a judge  that the person on the list was there was a compelling reason to regard the citizen as a public threat. actually dangerous. That was the bill put forth by Senator Cornyn, a Republican. But Democrats could have the gun control provision they were screaming for be the work of that evil, NRA supported party, so it died in the Senate, 53/47, when enough Democrats voted against it to deny the 60 votes it needed for cloture.

Now the House Democrats are grandstanding and acting like children. Yesterday,  the House Democrats chanted from the floor: “I’m sick and tired of being sick and tired!” and “No bill, no break!” while the House remained in recess.

It is unconstitutional to allow the  federal government power to strip the rights from citizens who have been convicted of nothing without the protection og judicial safeguards.If there is any significant controversy about this, I can’t find it. The theory seems to be that because Democrats don’t like Second Amendment rights, they don’t count, somehow. You know, Democrats aren’t crazy about First Amendment rights either.  Perhaps this is why that liberal champion of long standing, the American Civil Liberties Union, opposes the no-fly bills as vehemently as the NRA. They opposed the Cornyn bill, the closest to one that acknowledges the Fifth Amendment, as well as the Democratic, “Due process? What is this due process of which you speak?” capitulations to hysteria, writing in a letter to Senators:
Continue reading →

The New! Improved! Bipartisan! Gun Bill Is ALSO Unconstitutional…And The Statements Of The Senators About It Are Nauseating

/ Jack Marshall / 33 Comments

Collins et al

The New York Times, which apparently only respects that part of the Constitution that protects biased and dishonest newspapers, cheers a newly  proposed anti-gun measure as one that “puts new muscle and momentum behind what would be one of the few restrictions placed on gun ownership in the past 20 years.”

It also takes away the rights of citizens without due process of law.

The compromise bill, proposed by Senator Susan Collins (R-Maine) and backed by Senator Heidi Heitkamp (D-ND), was cooked up a day after the Senate, in the words of the Times, “refused to advance any of four measures intended to make it harder for suspected terrorists to buy guns.”

No, that’s U.S. citizens who have not been convicted of any crime, not “suspected terrorists.” It is not a crime to be suspected of anything. The government cannot take away your rights because it suspects something, or fears you might do something in the future.

Is that really such a difficult concept from elected officials and journalists? Why is that?

“Surely the terrorist attacks in San Bernardino and Orlando that took so many lives are a call for compromise, a plea for bipartisan action…Essentially, we believe if you are too dangerous to fly on an airplane, you are too dangerous to buy a gun,” Collins said in a news conference.

I call on my fellow citizens in Maine to remove this incompetent woman from her high office, for she is unfit to serve: Continue reading →

The George Zimmerman Show Trial

/ Jack Marshall / 226 Comments
It CAN happen here. Or at least in Florida.

It CAN happen here. Or at least in Florida.

Before George Zimmerman was charged with the second degree murder of Trayvon Martin, the suspicion was already growing that powerful people, much of the news media and perhaps one entire political party was attempting to take his freedom and life for ideological, partisan or political gain. Then came the bizarre and unprofessional public statements by Florida prosecutor Angela Corey, unequivocally proclaiming her alliance with the Martin family and her certainty of Zimmerman’s guilt—neither of which sentiments were appropriate or ethical. Now that we have seen and heard the state’s case, there is little doubt that Zimmerman, contrary to American principles of justice, is being required to prove his innocence, rather than be proven guilty beyond a reasonable doubt. There are reasons for this, not the least of which is that the President of the United States decided to dictate that getting to the bottom of the “Why is Trayvon dead?” conundrum was a matter of national importance, but none of them are honorable,  fair, right or ethical. Continue reading →

Ethics Train Wreck Update: Martin-Zimmerman Reflections

/ Jack Marshall / 12 Comments

Is it only fair to show one version of the victim?

As the NAACP joined with Al Sharpton today to lead a protest of thousands in Sanford Florida, some notes on recent ethics carnage and confusion in the wake of Trayvon Martin’s shooting death:

  • Roslyn Brock, who chairs the national board of directors for the NAACP, perfectly illustrated  ignorance of the justice system and short-sightedness that has characterized this whole, sorry incident. “We come to make sense of this great tragedy and the entire world grieves with us,” she said . “When the Sanford police did not arrest George Zimmerman, they essentially placed the burden of proof on a dead young man who cannot speak for himself.” But of course, as every American should know, that is where the burden of proof lies. The alleged victim in a death is represented by the state, and it is the state that has the burden of proof of guilt as well as having the burden to justify an arrest. It is not Zimmerman’s responsibility to prove his innocence, though that is what the un-American process engineered by race-activists and the media has come to. Does the NAACP really want to take the position that there should be a presumption of guilt in criminal matters? Or just in circumstances where the victim is an African-American and the suspect is not?
  • While CNN has taken the lead in trying to present a balanced picture of the controversy, NBC, mostly through MSNBC, has thoroughly disgraced itself by essentially taking an advocacy position on Zimmerman’s guilt, even to the point of doctoring his 911 call to make it seem clear that this was a case of racial profiling. “This guy looks like he’s up to no good…He looks black.” is how Zimmerman’s 911 call was played on the  “Today Show” and relayed on MSNBC’s website. The actual conversation was this: Continue reading →