How does the Constitution protect liberty and prevent tyranny?

Inspired by a presentation with Princeton constitutional law professor, Robert P. George, I attended on Saturday, I aim to re-deliver the basic concepts of his presentation. It was fantastic, and put it all together in a way I had never heard before. But yet so simple. This surrounds the most basic concepts upon which our country was built: the design of our Constitution. What about its design inherently protects liberty and prevents tyranny? Join me at 6:30 p.m. live for Freedom is Scary, Episode No. 56:

Masks do nothing to stop the spread of COVID and are harming children

As we discussed in yesterday’s episode of Freedom is Scary, the national’s leading industrial hygiene expert, Stephen E. Petty, P.E. CIH., C.S.P. of EES Group, Inc., is an actual expert in the use of masks. The science shows the reason that the virus spread in total disregard for widespread mask usage: because masks do nothing to stop the spread of the virus.

The science shows that COVID-19 virus particles are less than 1 micron in size, which is 4,000 times smaller than the diameter of a single human hair. These particles, which infect people through inhalation into the lungs, are so small, that when exhaled into an indoor room, it will take hours, and most likely days, to drop the five feet from one’s mouth to the floor. But there are actual solutions, which science provides to us, but which are being ignored by the the media and government officials.

Dr. Petty holds both a B.S. and an M.S. in Chemical Engineering, both with honors. He has an M.B.A. He was a Senior Research Scientist at Battelle. He was the Senior Research Engineer at Colombia Gas. He was the President of EES Group, an engineering company in Colombus, Ohio. He has a CIH national certification, as well as a C.S.P. certification and is a licensed Professional Engineer in Ohio, Florida, Pennsylvania, West Virginia, Kentucky and Texas. He served as a national exposure/PPE expert in more than 400 cases, including Monsanto Roundup and DuPont C-8. He’s also an Adjunct Professor at Franklin University and holds 9 U.S. Patents. He holds membership in all the Industrial Hygiene professional associations, as well as the American Institute of Chemical Engineers.

“Industrial Hygiene” is “That science and art devoted to the anticipation, recognition, evaluation, and control of those environmental factors or stressors arising in or from the workplace, which may cause sickness, impaired health and well-being, or significant discomfort among workers or among the citizens of the community. So, it’s the scientific field associated with exposure, PPE and warnings. It has nothing to do with dentistry. Unfortunately, this field has been mostly ignored by the media and the Government, who has relied on medical doctors, who are not trained in exposure and PPE. That’s beginning to change. But not quickly enough.

Exposure can occur in 4 ways: inhalation, dermal, ingestion and intravenous. Obviously, lower concentrations of exposure are better, and less time of exposure is better. Dr. Petty has four main points to exposure:

  1. Personal Protective Equipment (PPE) is the least desirable way to protect people.
  2. Masks are not PPE.
  3. Scientific evidence suggests COVID-19 particles are mostly small aerosols – not droplets, which would mean respirators, rather than masks, are needed to protect the lungs (which makes the 6′ rule effectively meaningless).
  4. Smaller particles are likely a greater cause of disease since they get past PPE and can reach deep into the lungs.
  5. What DOES work are Engineering controls of dilution and destruction.

Thus, the least effective option of minimizing exposure is PPE. then minimizing exposure distance and time, and then engineering controls designed to dilute, destroy or contain the particles.

Masks, as we have been mandated to wear, are not “respirators.”

Despite telling the public to wear masks, OSHA admits they are not protective:

The CDC also tells the public to wear masks, but also admits they are not protective:

In other words, masks don’t meet any of the OSHA respiratory protection standards that are used in the workplace. Yet we’re being forcibly subjected to them, as are our children. The public has been told that COVID-19 particles fall to the ground within 6 feet, and therefore can safely “social distance.” However, OSHA has admitted otherwise:

To the extent that COVID-19 is aerosol, masks do absolutely nothing. A study from the National Academy of Sciences Press establish that most of the COVID-19 particles emitted from those infected are aerosols, or consisting of 0.3 to 0.5 microns. “Droplets” consist of particles much greater in size than aerosols. The science shows however, that most COVID-19 particles are aerosols, not droplets. As such, they are less than 1 micron in size.

The NASP paper concluded that “the proportion of small respiratory droplets (i.e., aerosols) [were the majority of particles exhaled in all subjects]….”

Exactly how tiny is a micron? It’s 4,000 times smaller than a single human hair.

The National Academy of Sciences Press paper also concluded that there may be an elevated risk of the airborne transmission of COVID-19 by way of the very small droplets that transmit through conventional masks and traverse distances far exceeding the conventional social distancing standards of 2 meters, or around 7 feet, and that exhaled aerosol numbers appear to be not only an indicator of disease progression, but a marker of disease risk in non-infected individuals.

These particles are so small, that the length of time they remain airborne effectively renders “social distancing” irrelevant to the indoor spread of COVID-19. An aerosol COVID-19 particle, the majority of which are less than 1 micron in size, takes hours, and even days, to fall just from mouth-level to the ground.

  1. Aerosols (very small particles of less than 5 microns) can stay suspended in air for hours to days.
  2. Since they stay suspended for so long, they can actually accumulate in concentration in indoor air, rather than dropping out to the ground as one would assume with “droplets.”
  3. This effectively renders the 6 foot rule of social distancing useless; this also renders masks essentially useless, since they don’t filter out aerosols and can’t seal the gaps around the edges.

Imagine the virus as a gnat flying through a wall made out of chain link fence, which also has open windows and doors (which represents the gaps around the edges of the mask). There is literally nothing stopping or restricting the free and open travel of the gnat through the “wall.”

On February 15, 2021, almost a year after the beginning of the pandemic and state of emergency mandates, 13 physicians and scientists with expertise in aerosol science, occupational health and infectious diseases wrote to the CDC, as well as to the COVID response team at the White House and Dr. Fauci, asking them to investigate the implications of aerosols. They advised that:

For many months it has been clear that transmission through inhalation of small aerosol particles in an important and significant mode of COVID-19 virus transmission. They additionally warned that numerous studies have demonstrated that aerosols produced through breathing, talking and singing are concentrated close to the infected person and can remain in the air and viable for long periods of time and travel long distances within a room – sometimes even farther.

They further noted that although the CDC recognized back in October that COVID-19 was spread through inhalation of aerosols as a route of infection, most CDC guidance and recommendations have not yet been updated or strengthened to address and limit inhalation exposure to small aerosol particles. They noted that the CDC continues to use the outdated and confusing term “respiratory droplets” to describe both larger propelled droplet sprays and smaller inhaleable aerosol particles.

To make a long letter short, they informed the nation’s so-called health experts that CDC guidance and recommendations do not include the control measures necessary for protecting the public, and workers, from inhalation exposure to COVID-19.

So we know that with aerosols, masks do not protect you, or others. Masks have been ordered along with an emotional appeal to wear a mask to protect others, or so that you can go see your grandkids, or go in a store – or whatever. Instead of arguing over masks and trying to convince those who have been propagandized that they don’t work, he proposes actual solutions which do work: dilution or destruction:

So being outside when possible and increasing fresh air ventilation actually does work. But the other thing that works is destruction. Technology exists which can destroy viruses from indoor spaces, such as needle point ionization technology.

As a country, we’ve taken out more debt in the past 12 months than we did from the beginning of the pandemic, all the way to 1776. How many lives could have been saved, or still could be saved, if even some of the billions of dollars wasted could have gone to purchase ventilation systems and needle point ionization technology for our elderly population? Instead, we’re convincing people to have a false senses of security in wearing a mostly-useless mask.

In recent days, the CDC has finally begun to admit that the virus is spread through aerosols of 5 microns and less, which may take days to settle, yet they nevertheless stick to mask usage based solely on the existence of larger droplets, in addition to aerosols:

Research shows that the particle size of SARS-CoV-2 is around 0.1 micrometer (μm). However, the virus generally does not travel through the air by itself. These viral particles are human-generated, so the virus is trapped in respiratory droplets and droplet nuclei (dried respiratory droplets) that are larger. Most of the respiratory droplets and particles exhaled during talking, singing, breathing, and coughing are less than 5 μm in size…..

Collectively these particles are capable of remaining airborne for hours and are most associated with deep lung penetration.

https://www.cdc.gov/coronavirus/2019-ncov/community/ventilation.htmlhttps://www.cdc.gov/coronavirus/2019-ncov/community/ventilation.html

In other words, masks aren’t going to be able to stop the aerosol spread of the virus, but we want you to continue wearing masks, because they will stop “trapped” particles in larger droplets, i.e., close-range spitting in each other’s mouths. But if your’e close enough to do that, and aerosol particles can get through the masks and linger in the air for hours, what difference does that make, since it’s already deeply penetrated your lungs?

But this is much more dangerous than just a futile exercise in COVID theater and self-congratulations about caring for those around you. Take a look at the German study which was released showing that children are being harmed by the forced usage of masks. The first results of a German study of over 26,000 children and adolescents show 68% of parents reported impairments in their children as a result of mask-wearing, including the following side effects: irritability (60%), headache (53%), difficulty concentrating (50%), decreased happiness (49%), malaise (42%), impaired learning (38%), and fatigue (37%).

What are the benefits of this mandate, even if masks did work in stopping a spread, that could possibly justify this collateral damage? And what about the emotional damage? A 2010 paper from Harvard University observed the damage that can be caused by exposing them to endless fear and anxiety: “Ensuring that young children have safe, secure environments in which to grow, learn, and develop healthy brains and bodies is not only good for the children themselves but also builds a strong foundation for a thriving, prosperous society,” wrote the National Scientific Council on the Developing Child for Harvard University. “Science shows that early exposure to circumstances that produce persistent fear and chronic anxiety can have lifelong consequences by disrupting the developing architecture of the brain.”

Additionally, the World Health Organization (WHO) lists the potential harms and disadvantages of mask use by healthy people:

  • potential increased risk of self-contamination due to the manipulation of a face mask and subsequently touching eyes with contaminated hands;
  • potential self-contamination that can occur if non- medical masks are not changed when wet or soiled. This can create favourable conditions for microorganism to amplify;
  • potential headache and/or breathing difficulties, depending on type of mask used;
  • potential development of facial skin lesions, irritant dermatitis or worsening acne, when used frequently for long hours;
  • difficulty with communicating clearly;
  • potential discomfort;
  • a false sense of security, leading to potentially lower adherence to other critical preventive measures such as physical distancing and hand hygiene;
  • poor compliance with mask wearing, in particular by young children;
  • waste management issues; improper mask disposal leading to increased litter in public places, risk of contamination to street cleaners and environment hazard;
  • difficulty communicating for deaf persons who rely on lip reading;
  • disadvantages for or difficulty wearing them, especially for children, developmentally challenged persons, those with mental illness, elderly persons with cognitive impairment, those with asthma or chronic respiratory or breathing problems, those who have had facial trauma or recent oral maxillofacial surgery, and those living in hot and humid environments.

Why are we subjecting our children to forced mask usage in our schools when they do nothing to stop aerosol COVID-19 particles from being either exhaled or inhaled, and where if present, they could be floating around inside a classroom for hours, or even days? Given the evidence that children are being harmed, and even subjected to an increased possibility of infection through using them, such policies are truly irrational, misguided and dangerous.

Here’s the live video from Freedom is Scary Ep. No. 54, where I discuss litigation strategy to save the children from masks with civil rights lawyers, Chris Wiest from Kentucky, and Andy Fox from Tennessee:

Oral Arguments in Caniglia v. Strom and the so-called “Community Caretaking” Exception Issue

The U.S. Supreme Court recently held oral arguments in the Caniglia v. Strom case, where law enforcement has been seeking the official establishment of a “community caretaking” exception to the warrant requirement which protects a person’s home. You can listen to the arguments here.

You can hear that the justices are concerned/obsessed with the hypothetical scenario of an elderly person having fallen, or been injured, in her home. Some neighbor of family member calls for the police. They show up at the door; there’s no answer; can they go in without a warrant? If they don’t, maybe the woman has “fallen and can’t get up.” And maybe she doesn’t have Life Alert…..

That’s the hold up here. The questions from the Court didn’t sound promising at all. This is a case where both the ACLU and the Gun Owners of America submitted amicus briefs. This is a we-the-people vs. the government issue. Unfortunately, the Court seems overly concerned about the potential liability of police officers who engage in wellness checks.

But it’s really a non-issue. The proper answer to Judge Roberts’ hypothetical is the reality that there never would be civil liability for an officer who technically violates the Fourth Amendment just by checking on grandma during a wellness check. Why? Because of qualified immunity. Any lawsuit stemming from such a scenario would be granted qualified immunity. And even if he/she weren’t, the measure of our constitutional rights is not a policy analysis about the costs or efficacy of law enforcement agencies, who have insurance for these reasons, defending against civil lawsuits.

ATF Loses Bumpstock Case Today at the 6th Circuit

Today, the U.S. Court of Appeals for the Sixth Circuit reversed the district court’s decision, which had denied GOA’s motion for a preliminary injunction on bump stocks. Gun Owners of America is seeking an injunction to prevent ATF from implementing a final rule incorrectly classifying bump stocks as machineguns under federal law.

This case was brought by Gun Owners of America (GOA), Gun Owners Foundation (GOF), the Virginia Citizens Defense League (VCDL), Matt Watkins, Tim Harmsen of the Military Arms Channel, and GOA’s Texas Director, Rachel Malone.

“Today’s court decision is great news and told gun owners what they already knew,” said GOA Senior Vice President Erich Pratt. “We are glad the court applied the statute accurately, and struck down the ATF’s illegal overreach and infringement of gun owners’ rights.”

https://www.gunowners.org/victory-court-rules-a-bump-stock-is-not-a-machine-gun/

This was never about “bumpstocks,” but rather this was about fighting against the tyranny of the executive branch, e.g., the ATF, in enacting legislation outside the legislative process in Congress. This is about any and all firearms and firearms accessories, and preventing bureaucrats from picking and choosing what they decide is legal vs. illegal.

Here’s the opinion:

The GOA (Gun Owners of America) continues to do great work, fighting tyranny in the courts. The fight continues, so please donate to the battle:

One of my favorite parts of the opinion. Boy does this sound familiar:

First, giving one branch the power to both draft and enforce criminal statutes jeopardizes the people’s right to liberty. The concern over the potential abuse of power if the executive can define crimes predates our nation’s founding. See THE FEDERALIST NO. 47, at 251 (James Madison) (quoting Baron de Montesquieu that “[t]here can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates”); 1 WILLIAM BLACKSTONE, COMMENTARIES *146 (1753) (“In all tyrannical governments, the supreme magistracy, or the right of both making and of enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty.”); JOHN LOCKE, SECOND TREATISE OF CIVIL GOVERNMENT § 143, pp. 324-25 (T. Hollis ed., 1764) (1690).

NOTE: this doesn’t change the legal status of those states who’s legislatures banned bumpstocks: Delaware, Rhode Island, Washington, Nevada, California, Maryland, NJ, NY, Florida, Hawaii, Massachusetts, and Vermont, I believe…… It also doesn’t say Congress can’t do so federally. This is just about the ATF doing it on their own.

Ninth Circuit Today: There’s no 2nd Amendment Outside Your Home

Today the US Ninth Circuit Court of Appeals issued their opinion in Young v. Hawaii, holding that there’s no Second Amendment right to carry firearms outside of one’s own home, whether concealed or openly. What do you need to know, and what does this mean? Here’s the opinion, with my highlights, which I discussed in the video:

I go through the opinion on YouTube in Episode 51 of Freedom is Scary:

Federal Suit Filed Against Family Court Judge and Deputies for Warrantless Search and Seizure

Yesterday we filed suit against Family Court Judge Louise Goldston of the 13th Family Court Circuit, based out of Beckley, Raleigh County, West Virginia, as well as three deputies with the Raleigh County Sheriff’s Office, for federal civil rights violations which occurred during the March 4, 2020 search of Matt Gibson’s home following a post-divorce contempt proceeding filed by his ex-wife. If you haven’t been following the case, you can learn more here.

Here’s the full complaint, filed in federal court in the Southern District of West Virginia. It makes claims of violations of the 4th Amendment, 1st Amendment and 14th Amendment. Also a defendant is the ex-wife’s lawyer for conspiracy with a state official to violate Mr. Gibson’s civil rights.

Yesterday night we went over the lawsuit in detail on the YouTube channel in episode no. 50 of Freedom is Scary:

Judicial Hearing Board Releases Decision in the Family Court Judge Search Case

Today the Judicial Hearing Board of West Virginia made their Recommended Decision to the West Virginia Supreme Court in the case of the Family Court judge who searched the home of a litigant – my client, Matt Gibson. Despite the fact that disciplinary officials and the judge had already agreed to a punishment of a $5,000 fine and an “admonishment,” the Hearing Board only recommended “censure rather than admonishment” and “a fine of $1,000 instead of $5,000….”

At least one vote in this decision was The Honorable Glen Stotler, a sitting West Virginia Family Court Judge who “dissents because in his opinion there was no clear and convincing evidence that [his fellow Family Court Judge] violated any provision of the Code of Judicial Conduct. Mind you, the undisputed allegations included the admission that Judge Goldston violated “Rules 1.1, 1.2, 1.3, 2.2, 2.4(A), 2.4(B), and 2.5 of the Code of Judicial Conduct” for, among other things, threatening to put the homeowner in jail if he refused to allow her (along with his ex-wife, her lawyer, boyfriend, and two cops) inside his home to search.

As far as the rest of the board who voted for the reduced punishment, they noted in their decision that, “although there was no clear legal foundation for conducting the judicial view in question, the scope of a judicial officer’s inherent authority relative to judicial views is uncertain, and guidance to judicial officers from the Supreme Court of Appeals through rulemaking or otherwise regarding the proper scope of conducting judicial views would be beneficial.”

No clear legal foundation? A judge can show up at your home with law enforcement and search your house, and there’s no legal basis establishing that she can’t? They’re asking for guidance on “rulemaking” from the Supreme Court of Appeals of West Virginia on this grey area? “It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a warrant are presumptively unreasonable.” Brigham City v. Stuart, 547 U.S. 398, 403 (2006). This applies to both criminal and other administrative type searches and seizures. See Marshall v. Barlow’s, Inc., 436 U.S. 307, 312-313, (1978) This is pretty damned clear. No state supreme court – not even a legislature – can create a new rule or law allowing a federal Fourth Amendment violation. Period.

“You’re not getting in my house without a warrant.”

“Oh yes I am…..”

Here’s the decision. It still goes to the Supreme Court, and they will make the actual decision. I’m told that the judicial disciplinary officials will be filing objections to the decision, and also objecting to the participation of Judge Stotler due to his impartiality.

Feds Target the “Oath Keepers” Over the Capitol

Retired Army Sgt. Kenneth Harrelson Arrested for Attending Jan. 6 Protests – Family’s Bank Account Locked Down, Wife Loses Her Job, They Are Frightened and Don’t Know What to Do – this according to a Gateway Pundit story out today. Let’s take a look. This has to do with the feds going after the so-called “Oath keepers” group. Here’s Freedom is Scary, Episode No. 48:

Here’s the affidavit in support of the criminal complaint.