Sunday, August 30, 2015

Police Tape

The right to take video of police encounters in public is clearly protected by the First Amendment but the trend is for police to detain people shooting video and then subsequently drop the charges.

"Exercising this right has consistently and uniformly been upheld by state and federal courts; they have made it abundantly clear that citizens have right to film police in public," he said. "What is alarming is the degree to which police are ignoring this clear precedent and continue to threaten citizens." Jonathan Turley GWU

ABC News


“As a basic principle, we can’t tell you to stop recording,” says Delroy Burton, chairman of D.C.’s metropolitan police union and a 21-year veteran on the force. “If you’re standing across the street videotaping, and I’m in a public place, carrying out my public functions, [then] I’m subject to recording, and there’s nothing legally the police officer can do to stop you from recording.”


The trending police tactic is to detain the citizen, wipe the recording, and charge with obstruction, interference, disorderly conduct, and the like.  Wait... there's an App for that.

Police Tape is a program released by the ACLU-NJ.  The app is simple and allows you to use the Police Tape feature to record video and audio interaction with the police and then it backs up the video so that it can't be deleted if your phone is taken. 


Friday, August 28, 2015

The Fate of the Left

We've heard from several commenters here that conservatism is dead, and that Libertarian views are a juvenile philosophy not worth defending. Really? I'd like to ask my friends on the left where their freedom derives from? Is it something licensed by the government? Or does government actually derive it's just powers by the consent of the governed?

  I would argue that if we are not perceived to be the origin of that authority, then we are not governed, but ruled. That the Federal government consistently flaunts the restraints put upon it by the Constitution is proof that they have adopted  the notion that we are naught but peons, and our wishes can and should be ignored in the interest of those in power. Perhaps like our British cousins we should term ourselves "subjects"?

Fortunately, having overextended themselves in building the rather shaky coalition that constitutes the left in America, by promising everything to everyone, without consideration of the impracticality, the cost, or who is stuck with the bill, their ideas are about due to hit the wall.

 Having reached the end of credibility for all the empty rhetoric, and even emptier promises, they are in imminent danger of running afoul of one of the cardinal rules of the universe.

What goes around, comes around, and there is no escape

 Ignore the message at your peril!

Thursday, August 27, 2015

Joker gets the last Laugh

24 Counts of First Degree Murder, 140 Counts of attempted First Degree Murder, 1 Jackass on the Jury and he gets:

12 Life Sentences plus 3,318 years.

Just put a bullet in his head, or better yet, let that one juror pay for his incarceration since now it seems the rest of us Coloradans must foot the bill for one jackass. 

Colorado needs to repeal the requirement that death sentences be by a unanimous  jury.  One jackass shouldn't be permitted to hold the rest of the state hostage to his principles.  There is no doubt in this case, there is no chance that he is innocent. 12 good people will never again see the sunrise or the light of day, why should James Holmes?

12 Life Sentences and 3,318 years... it's a frigging joke.  Anything more than 1 Life Sentence should automatically be the death penalty.


Wednesday, August 26, 2015

California gets it Right?

California lawmakers approve measure restricting the use of drones over private property by a 43-11 vote.

State Bill 142 introduced by Sen Hannah-Beth Jackson (D-Santa Barbara) would make flying a drone less than 350 feet over private property a trespass violation.

A person wrongfully occupies real property and is liable for damages pursuant to Section 3334 if, without express permission of the person or entity with the legal authority to grant access or without legal authority, he or she operates an unmanned aircraft or unmanned aircraft system less than 350 feet above ground level within the airspace overlaying the real property.
The bill now heads to the California Senate.
 Bill Text

Tuesday, August 25, 2015

Why Hillary's E-Mails Matter

Forget the clandestine server or her using personal devices and e-mails. Those things call her integrity and judgment into question, but they are not indictable.

The Senders of those Classified e-mails broke some Serious Federal Laws 

The senders of that information had to take it off of a Top Secret government information system that is completely isolated from the internet, remove the information from a secured Top Secret facility, and then transmit that information by unclassified e-mail over the common internet we all use.

That is three big crimes, and a bunch of slightly smaller ones.

Hillary's Crime was receiving Top Secret Information over an Unclassified Network and Not Reporting it.

Her team is trying to say the info wasn't classified at the time, and that may apply to a few, but no way can it to all of them, most especially those classified as SI/TK. That information comes from the source dissimenators classified and marked. If there was indeed such information on her e-mail server unmarked, then someone stripped off the markings, another crime.

The SI/TK material for sure (and probably most of the rest) were not "oopsies." Someone deliberately took the steps I described above, and that is a very serious string of crimes.

Why did they do it?


I doubt it.

Benghazi Cover-up?

I doubt that as well.  Stealing copies of damning classified information that still exist on government servers covers nothing up, and transmitting it over unsecured means is stupid.

It's Good to be the Queen

Here's my theory:  This is the tip of the iceberg of systemic disregard for federal law by Hillary's State Department team, from the communications folks to her personal coterie which includes Huma Abeden and Cheryl Mills.

The SecDef is big, and working anywhere near her is heady and important work.  She's out of pocket and needs to see this important piece of info, so somebody airgaps it and sends it to her private e-mail, reaping kudos in an environment where servicing the queen trumps gravely important national security laws.  Another Clinton culture of corruption where rules don't matter.

My Prediction:

The System Administrator(s) who approved/enabled USB or CD write capability on State Department Top Secret computers will go to jail.

IT technicians and communications operators who work in the State Department Comm Center where the information removal happened will go to jail.

Any non-technical staffer whose fingerprints turn up on any of this will face prosecution, and possibly jail. Their close proximity to the queen may insulate them, or it could end up being their ruin.  Recall Clinton bag man Sandy Burglar ran out of the national archives with secret papers in his underwear and got a slap on the wrist.

The FBI is squeezing people's onions right now, and putting the pressure on some people, so we'll see who cracks first and how much loyalty the inner circle truly has for Her Rotten Heinous.

Hillary could still skate.  The ultimate irony would be the Smartest Woman in the History of the World pleading ignorance.

Monday, August 24, 2015

Birthright Citizenship: Suicidal and not Guaranteed by the US Constitution

The latest leftwing dido is to throw a statement in your face about how the constitution guarantees birthright citizenship and that to end it, we must amend the constitution.

As in practically everything, those loony lefties are wrong

Here is the operative sentence in the 14th Amendment:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Go here to read a short, useful article on this topic. It also explains the federal law that fleshes out the citizenship clause from the 14th Amendment.
Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of theUnited States at birth:"
  • Anyone born inside the United States *
  • Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
  • Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
  • Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
  • Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
  • Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
  • Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
  • A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

"Subject to the jurisdiction thereof..."

That is the key to this.  Note that according to US Code, foreign diplomats and their families are not "subject to the jurisdiction" of the United States.  Neither are illegal immigrants.

Here's the test:

- Some states are talking of automatically registering people to vote.  Can they register an illegal alien?

- Can government compel an illegal alien to show up for jury duty?

- Can the federal government draft an illegal immigrant into military service?

The answer to all three, of course is no.  Foreigners, although here and required to follow our laws, are not "subject to the jurisdiction of the United States."  They owe allegiance to their mother country, not the United States.  That is the legal meaning of that clause.

If Trump becomes President...

...and congress changed the law to no longer grant birthright citizenship, the case would end up being decided at the Supreme Court, so I'd say those in favor of birthright citizenship have nothing to worry about in the short term.

However, a President Trump, or any GOP President could simply change the policy by presidential decree.  If President Obama can unilaterally change immigration policy, so can any other president.

* - Always on Watch is also blogging on this topic today, so please visit her fine blog and join the conversation over there.

Related links that substantiate what I have said:

Rep Steven King - History of 14th Amendment

Sunday, August 23, 2015

Conversation, With Verse

"As one of my great teacher taught me, the art of conversation is to keep the conversation going.  Did you know that?  It's not to stop the other man dead in his tracks with one-liners.  You're not Henny Youngman.  The object is not to shut the other man up.  The object is to open the other man up.  Not to shut him up; it's to open him up."
--Dr. Michael Savage

Friday, August 21, 2015

With or Without You

Most of you have probably heard this song before, it is With or Without You by U2.

I heard this version on Sirius Classical by a classically trained Croatian duo, Luka Šulić and Stjepan Hauser that go onstage as 2Cellos.  If you want to skip over the banter, the music starts at two minutes in.

What do you think?

If you're into geographical trivia, Arena Pula is an intact Roman amphitheater built between 27 BC and 69 AD.  The Croatian city of Pula was the Roman city of Iulia Pola or more accurately Colonia Pietas Iulia Pola Pollentia Herculanea.