Tonight’s LIVE video: Prosecutors and Liberty – w/ Benjamin Hatfield, Republican Candidate for Prosecutor in Raleigh County

On with me tonight on Freedom is Scary, Episode 18, live, is Benjamin Hatfield, Esq., the Republican Nominee for Prosecuting Attorney of Raleigh County, West Virginia. Most state level prosecutors are elected politicians with party affiliations. They are enormously powerful, as demonstrated by the Rittenhouse and McCloskey cases. You can watch read here on this Youtube link, or on our Facebook page using Facebook Live. It will be simultaneously streamed to both. You can also submit comments and/or questions on both platforms.

In this video we’ll discuss what you need to know before voting for or supporting a prosecutor candidate. There is a reason George Soros is funding radical left-wing prosecutors around the country. Prosecutors hold the keys to the criminal courtrooms, and can design prosecutions to further their social justice and radical anti-gun and anti-freedom agendas – long before they reach the judiciary. Is there a difference between Democrat and Republican prosecutors? I’ll answer that question with another question: is there a difference in the Democrat and Republican platforms in regards to a law abiding citizen defending themselves, or their homes, with firearms?

This is an urgent situation for all of us now. Join me LIVE with special guest, Benjamin Hatfield, Esq., the Republican Nominee for Prosecuting Attorney of Raleigh County, West Virginia (Beckley, WV), who is running against a career Democrat prosecutor, who hasn’t had a contested election in over a decade, and who has been a prosecutor there since 1983. The law abiding citizens there are suffering.

Hatfield is a former assistant prosecutor in that county, and currently works as a civil litigation attorney at a private law firm. If you’re in West Virginia, and if you’re anywhere near Raleigh County, you may have seen some of the issues occurring there recently. You want to pay close attention to this race, and I encourage you to take a hard look at Mr. Hatfield, and then do whatever you can to help him. Because your liberty may count on it. Tune in to see why and to ask questions.

If you can send any financial help his way, donations can be sent to the “Committee to Elect Benjamin Hatfield,” PO Box 5241, Beckley, WV 25801.

Update: Here’s the article on Soros funding the Trojan Horse prosecutors I referenced in the video:

Beware Of George Soros’ Trojan Horse Prosecutors, by Pat Nolan, 9/11/20, The American Conservative

After St. Louis erupted in violence, arson, and looting, Circuit Attorney Kim Gardner ($307,000) dismissed all charges against the 36 people arrested for that violence. In the last few days eight St. Louis police officers have been shot.

At the same time, Gardner rushed to file charges against Mark and Patricia McCloskey, the homeowners who brandished (but did not use) guns at protestors who had entered the private street where the McCloskeys reside.

In Chicago, Illinois State’s Attorney Kim Foxx ($817,000) refused to prosecute rioters who violated the curfew imposed to quell the violence. “The question it comes down to is, is it a good use of our time and resources? No, it’s not.” What does she think would be a better use of her time and resources?

You probably remember Foxx. She dismissed the charges against Jussie Smollett, the actor who reported a hate crime attack against himself that turned out to be bogus. A judge removed Foxx from the case and assigned a special prosecutor who filed six new charges.

Philadelphia District Attorney Larry Krasner ($1.7 Million) announced he won’t prosecute people arrested for the violence that rocked his city for days with widespread looting and many cars torched. His excuse for not holding the mob accountable for their violence was laughable. “Prosecution alone will achieve nothing close to justice—not when power imbalances and lack of accountability make it possible for government actors including police or prosecutors to regularly take life or liberty unjustly and face no criminal or career penalty….” San Francisco District Attorney Chesa Boudin ($620,000) is the beau ideal of the Trojan Horse prosecutors. “The criminal justice system isn’t just massive and brutal, it’s also racist,” according to Boudin…. In Portland, DA Mike Schmidt ($230,000) refuses to prosecute the rioters who have burned and looted his city for over 90 days straight…..

Since 2018, Soros has made Virginia the focus of his efforts. And it has paid dividends. Trojan Horse candidates have taken over five of the largest prosecutor’s offices in the Commonwealth:  Fairfax, Arlington, Alexandria, Albemarle, Portsmouth, and Loudoun.

Packing the Courts, and why it’s bad

Joe Biden won’t answer the question about whether he’ll attempt to pack the U.S. Supreme Court, until the day after the election – so he’s claimed. What is “packing the Court,” and why is it such a terrible idea that even Ruth Bader Ginsburg warned against it?

The Constitution did not specify the number of justices to sit on the Supreme Court. That’s up to Congress. For the past 150 years or so, Congress has maintained that number at 9. An odd number is required, so as to avoid the rather-anti-climactic tie vote. With a 9 member Court, a 5-4 decision, or better, wins the case. With the loss of RBG, the American left loses a crucial vote on the Court, which is why they are threatening to increase the number of justices on the Court, so as to counteract her replacement with Judge Amy Coney Barrett. Thus, if Biden wins, and if Congress is able to increase the number, they could create a left-wing majority on the Court by increasing the number of Democrat-nominated justices.

But the problem with any such plan is, that eventually the other side will return to power and retaliate accordingly. What we then end up with has now become a super-legislature, rather than a Supreme Court, as the Founders intended. Even RBG herself was against Democrats’ 2019 threats to pack the Court:

Justice Ruth Bader Ginsburg said in an interview Tuesday that she does not favor proposals put forth by some Democratic presidential candidates who have advocated changing the number of Supreme Court justices if the Democrats win the presidency.

Ginsburg, who got herself in trouble criticizing candidate Donald Trump in 2016, this time was critical not of any particular Democratic contender, but of their proposals to offset President Trump’s two conservative appointments to the court.

“Nine seems to be a good number. It’s been that way for a long time,” she said, adding, “I think it was a bad idea when President Franklin Roosevelt tried to pack the court.”

https://www.npr.org/2019/07/24/744633713/justice-ginsburg-i-am-very-much-alive

To pull it off, the Democrats would really need to add 4 new liberal members to the Court, which would create a 7-6 majority. Setting long-term retaliation and consequences to the Court aside, the results would be disastrous to the Second Amendment:

A 7-6 progressive majority on the court would very likely overturn decades of precedent that have protected gun owners from both state and federal attempts to deny them their Second Amendment rights. Millions of American gun owners would be subject to these changes and the laws, which Democrats, some of whom are committed to confiscating guns, would impose.

5 Major Ways America Will Fundamentally Change If Biden Packs The Court, The Federalist, by David Marcus, Oct. 9, 2020.

Free speech would be nonexistent:

The most obvious change to free speech laws that would come with a progressive majority on the Supreme Court would be the overturning of the 2010 5-4 Citizens United decision….. More broadly, speech laws such as those that exist in New York City requiring people to use preferred pronouns even if they do not believe that gender is mutable, would find a much kinder hearing in the new court.

5 Major Ways America Will Fundamentally Change If Biden Packs The Court, The Federalist, by David Marcus, Oct. 9, 2020.

Abortion, obviously:

The progressive reading of Roe v. Wade is almost limitless in its scope and perhaps the only question mark would regard the ability to kill babies even after they are outside of the mother. Beyond that, it is very likely that almost any state restrictions would be shot down.

5 Major Ways America Will Fundamentally Change If Biden Packs The Court, The Federalist, by David Marcus, Oct. 9, 2020.

Religious liberty:

Several religious liberty cases such as Hobby Lobby and Little Sisters of the Poorhave been closely decided of late. It is safe to assume these decisions would be reversed. Practicing Christians and members of other faiths would face far greater restriction in living their faith in their public life. Our understanding of how we may practice our religions would undergo a major change, abandoning the American tradition of public faith, and limiting religious expression to the church and the home.

5 Major Ways America Will Fundamentally Change If Biden Packs The Court, The Federalist, by David Marcus, Oct. 9, 2020.

Election laws:

In all likelihood, a new progressive majority would be open to efforts to abolish the electoral college, to allow statehood for the District of Columbia and Puerto Rico, and to allow voting by people in the country illegally. All of these changes would skew towards the Democrats and could very well result in one-party federal rule of the United States.

5 Major Ways America Will Fundamentally Change If Biden Packs The Court, The Federalist, by David Marcus, Oct. 9, 2020.

So what stopped FDR from packing the Supreme Court back in the 1930s? It happened during the Great Depression, when FDR was pushing his socialist New Deal programs, only to have them struck down by the conservative-majority Supreme Court of the early 1930s. President Roosevelt sought to solve the problem sooner, rather than later, so he introduced the “Judicial Procedures Reform Bill of 1937,” commonly referred to as the “court packing plan.” This would have allowed him to appoint up to 6 additional justices to the Court for every justice older than 70.5 years, or who had already served 10 years or more. In reality, a conservative majority had developed on the Court, and like Biden, he was willing to add justices to create his own new majority, consequences be damned:

From the outset of his presidency, FDR had known that four of the justices—Pierce Butler, James McReynolds, George Sutherland and Willis Van Devanter—would vote to invalidate almost all of the New Deal. They were referred to in the press as “the Four Horsemen,” after the allegorical figures of the Apocalypse associated with death and destruction. In the spring of 1935, a fifth justice, Hoover-appointee Owen Roberts—at 60 the youngest man on the Supreme Court—began casting his swing vote with them to create a conservative majority.

When Franklin Roosevelt Clashed With the Supreme Court—and Lost, By William E. Leuchtenburg, Smithsonian Magazine, May 2005.

FDR indirectly attacked the Court, claiming publicly he was concerned about their age, rather than the ideological point of view of its majority:

 FDR recognized, though, that a direct assault on the court must be avoided; he could not simply assert that he wanted judges who would do his bidding. The most promising approach, it seemed, would be to capitalize on the public’s concern about the ages of the justices. At the time of his reelection, it was the most elderly court in the nation’s history, averaging 71 years. Six of the justices were 70 or older; a scurrilous book on the court, The Nine Old Men, by Drew Pearson and Robert Allen, was rapidly moving up the bestseller lists.

When Franklin Roosevelt Clashed With the Supreme Court—and Lost, By William E. Leuchtenburg, Smithsonian Magazine, May 2005.

A 1937 political cartoon with the caption ‘Do We Want A Ventriloquist Act In The Supreme Court?’ which was a criticism of FDR’s New Deal, depicting President Franklin D. Roosevelt with six new judges likely to be FDR puppets.
Fotosearch/Getty Images

FDR basically lied about his motivations. Rather than admit to the American people that he was playing politics, and attempting to enact his progressive legislation without interference by the conservative court, he feigned concern over the age of the justices:

“A part of the problem of obtaining a sufficient number of judges to dispose of cases is the capacity of the judges themselves,” the president observed. “This brings forward the question of aged or infirm judges—a subject of delicacy and yet one which requires frank discussion.” He acknowledged that “in exceptional cases,” some judges “retain to an advanced age full mental and physical vigor,” but quickly added, “Those not so fortunate are often unable to perceive their own infirmities.” Life tenure, he asserted, “was not intended to create a static judiciary. A constant and systematic addition of younger blood will vitalize the courts.”

When Franklin Roosevelt Clashed With the Supreme Court—and Lost, By William E. Leuchtenburg, Smithsonian Magazine, May 2005.

Similar to what would happen in 2020, the result was all-out war between the branches of government, and between the political parties:

While it was never voted on in Congress, the Supreme Court justices went public in their opposition to it. And a majority of the public never supported the bill, either, says Barbara A. Perry, director of presidential studies at the University of Virginia’s Miller Center.

“Congress and the people viewed FDR’s ill-considered proposal as an undemocratic power grab,” she says. “The chief justice (Charles Evans Hughes) testified before Congress that the Court was up to date in its work, countering Roosevelt’s stated purpose that the old justices needed help with their caseload.”

“It was never realistic that this plan would pass,” Perry says. “Roosevelt badly miscalculated reverence for the Court and its independence from an overreaching president.”

This Is How FDR Tried to Pack the Supreme Court, by Lesley Kennedy, Jun 28, 2018.

The battle lasted 168 days. It’s difficult to imagine how it would play out in the era of social media and biased news. But even then, it was ugly:

Roosevelt’s message touched off the greatest struggle in our history among the three branches of government. It also triggered the most intense debate about constitutional issues since the earliest weeks of the Republic. For 168 days, the country was mesmerized by the controversy, which dominated newspaper headlines, radio broadcasts and newsreels, and spurred countless rallies in towns from New England to the PacificCoast. Members of Congress were so deluged by mail that they could not read most of it, let alone respond…..

This Is How FDR Tried to Pack the Supreme Court, by Lesley Kennedy, Jun 28, 2018.

At the time, the FDR liberals showed little concern for the Supreme Court as an independent and important branch of government. If other countries could enact these programs, then so should we be able to do so….

If Roosevelt won, opponents warned, he would destroy the independence of the judiciary and create an evil precedent for successors who wished to “pack” the court. If Roosevelt lost, his supporters countered, a few judges appointed for life would be able to ignore the popular will, destroy programs vital to the welfare of the people, and deny to the president and Congress the powers exercised by every other government in the world. Although the country divided evenly on the issue—about as many were for Roosevelt’s plan as against it—the opposition drew far more attention, especially on editorial pages……

This Is How FDR Tried to Pack the Supreme Court, by Lesley Kennedy, Jun 28, 2018.

The Bill was ultimately defeated, but FDR still got what he wanted in the end. The historians’ lesson of the affair, as relayed to us in 2005, is perhaps more credible than any we would receive today, in the era of over-politicization of all fields of academia. So pay attention to the parts in bold:

The nasty fight over court packing turned out better than might have been expected. The defeat of the bill meant that the institutional integrity of the United States Supreme Court had been preserved—its size had not been manipulated for political or ideological ends. On the other hand, Roosevelt claimed that though he had lost the battle, he had won the war. And in an important sense he had: he had staved off the expected invalidation of the Social Security Act and other laws. More significantly, the switch in the court that spring resulted in what historians call “the constitutional revolution of 1937”—the legitimation of a greatly expanded exercise of powers by both the national and state governments that has persisted for decades.

The 168-day contest also has bequeathed some salutary lessons. It instructs presidents to think twice before tampering with the Supreme Court. FDR’s scheme, said the Senate Judiciary Committee, was “a measure which should be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.” And it never has been. At the same time, it teaches the justices that if they unreasonably impede the functioning of the democratic branches, they may precipitate a crisis with unpredictable consequences. In his dissent in the AAA case in 1936, Justice Stone reminded his brethren, “Courts are not the only agency of government that must be assumed to have capacity to govern.” These are lessons— for the president and for the court—as salient today as they were in 1937.

This Is How FDR Tried to Pack the Supreme Court, by Lesley Kennedy, Jun 28, 2018.

As RGB knew, even the mighty FDR was wrong to attempt to destroy the SCOTUS by increasing the number of justices as a means to an end for temporary political goals. However enticing it might appear, it’s going to hurt everyone in the end.

No Knock” Warrants and Search and Seizure Law Inside the Home

“No Knocks” are in the news following the Breonna Taylor shooting case. What is a “No Knock” warrant and when/how are they legal under federal constitutional law? One of my favorite topics. By favorite I mean that if I was a middle eastern dictator they would flow freely. This has been in the news now following the Breonna Taylor case. I’ll offer some analysis on that case, and also answer other civil rights constitutional law questions, if you have any – since this is LIVE.

Podcast version (audio only):

"No Knock" Warrants and Civil Rights Q&A – FIS Live Ep. 16 – thecivilrightslawyer.com Freedom is Scary

"No Knocks" are in the news following the Breonna Taylor shooting case. What is a "No Knock" warrant and when/how are they legal under federal constitutional law? One of my favorite topics. By favorite I mean that if I was a middle eastern dictator they would flow freely. This has been in the news now following the Breonna Taylor case. I'll offer some analysis on that case, and also answer other civil rights constitutional law questions, if you have any – since this is LIVE.This is the FREEDOM IS SCARY livecast Episode 16. Please join me. It seems to be happening every Monday evening……thecivilrightslawyer.com
  1. "No Knock" Warrants and Civil Rights Q&A – FIS Live Ep. 16 – thecivilrightslawyer.com
  2. Should RBG be Replaced Now? – a Lawyer's Perspective – Freedom is Scary, Ep. 15

Searches and Seizures in the Home and No-Knock Warrants, i.e., the “Knock and Announce” Requirement, Generally:

In the Home: No Warrant? Presumptively Illegal: Searches and seizures which take place in a person’s home are presumptively unreasonable, which means they are illegal by default according to the Fourth Amendment. On the other hand, outside a person’s home, Fourth Amendment protections only apply where there is a “reasonable expectation of privacy.”

Outside the Home: No Warrant? No Need unless REP: To the contrary, the U.S. Supreme Court has found that no presumption exists outside the home, because a person does not have a reasonable expectation of privacy for most “places” outside one’s own home. These unprotected “places” include bank accounts, curbside trash, “open fields,” surrounding one’s home, and so on. 

Search of home with a warrant: presumptively legal: So since the inverse is true, all searches of a home, made pursuant to a warrant are presumptively reasonable. The standard for a warrant requires only that “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” It is still a requirement, obviously, that police officers tell the truth when they make their search warrant applications. If it is discovered that false information was intentionally provided to the magistrate, the warrant will be fraudulent, and therefore ineffective. At which point, we’re back to the search being presumptively unreasonable. During the execution of a lawfully-obtained search warrant, officers may temporarily seize the inhabitants of the structure being searched, including handcuffing them. 

There is a default “knock and announce” requirement under the Constitution, though it frequently is ignored. Can officers make, or apply, for a no knock entry just b/c the homeowner has a CCW? Check out the 4th Circuit case out of West Virginia, Bellotte v. Edwards (4th Cir. 2011), authored by Judge Wilkinson. Judge Gregory was also on the panel:

 The knock-and-announce requirement has long been a fixture in law. Gould v. Davis, 165 F.3d 265, 270 (4th Cir. 1998). Before forcibly entering a residence, police officers “must knock on the door and announce their identity and purpose.” Richards v. Wisconsin, 520 U.S. 385, 387 (1997)….

“In order to justify a ‘no-knock’ entry, the police must have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile, or that it would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence.” Richards, 520 U.S. at 394. The Supreme Court has admonished that “it is the duty of a court confronted with the question to determine whether the facts and circumstances of the particular entry justified dispensing with the knock-and-announce requirement.” Id. We have thus required a particularized basis for any suspicion that would justify a no-knock entry. See United States v. Dunnock, 295 F.3d 431, 434 (4th Cir. 2002)…..

Of course, the absence of a no-knock warrant “should not be interpreted to remove the officers’ authority to exercise independent judgment concerning the wisdom of a no-knock entry at the time the warrant is being executed.” Richards, 520 U.S. at 396 n.7. But where, as here, the officers faced no barrier at all to seeking no-knock authorization at the time they obtained a warrant, “a strong preference for warrants” leads us to view their choice not to seek no-knock authorization with some skepticism. United States v. Leon, 468 U.S. 897, 914 (1984)….

To permit a no-knock entry on facts this paltry would be to regularize the practice. Our cases allow officers the latitude to effect dynamic entries when their safety is at stake, but the Fourth Amendment does not regard as reasonable an entry with echoes, however faint, of the totalitarian state…..

It should go without saying that carrying a concealed weapon pursuant to a valid concealed carry permit is a lawful act. The officers admitted at oral argument, moreover, that “most people in West Virginia have guns.” Most importantly, we have earlier rejected this contention: “If the officers are correct, then the knock and announcement requirement would never apply in the search of anyone’s home who legally owned a firearm.” Gould, 165 F.3d at 272; accord United States v. Smith, 386 F.3d 753, 760 (6th Cir. 2004); United States v. Marts, 986 F.2d 1216, 1218 (8th Cir. 1993). We recognized over a decade ago that “[t]his clearly was not and is not the law, and no reasonable officer could have believed it to be so.” Gould, 165 F.3d at 272.

Bellotte v. Edwards (4th Cir. 2011).

Lockdowns Don’t Work, including in West Virginia

There was a good article from the Mises Institute, The Evidence Keeps Piling up: Lockdowns Don’t Work, by Ryan McMaken. Here in West Virginia, our it seems that it was our Governor’s proudest life achievement so far, that he “shut down” the state, and then got to create an entire new form of government, which he titled, “The Comeback.” At least while mommy and daddy legislature is still in hiding….. As McMaken noted:

The toll lockdowns have taken on human life and human rights has been incalculable. Increases in child abuse, suicide, and even heart attacks, all appear to be a feature of mandatory stay-at-home orders issued by politicians who now rule by decree without any legislative or democratic due process. And then, of course, there is the economic toll on employment, which will feed negative impacts into the longer term. The economic burden has fallen the most on the young and on working-class families, whose earners are least able to work from home.

These measures also have made a mockery of basic human rights while essentially expropriating private property. Mom-and-pop business owners were told to shut their doors indefinitely or face arrest. The unemployed were told it was now illegal to work for a living if their careers were deemed “nonessential.” Police officers have beaten citizens for not “social distancing” while mothers have been manhandled by cops for attempting to use playground equipment.

https://mises.org/wire/evidence-keeps-piling-lockdowns-dont-work

I’ve been saying, that since West Virginia’s greatest cause of death – one of the worst in the country – is heart disease. Yet our morbidly obese governor obviously doesn’t appreciate that fact. Our usual number of deaths due to heart disease floats just under 5,000. I wonder what it’s going to be this year? We’ll see, but it’s going to be high. This has been the year of the politician and the bureaucrat protecting themselves against the peasants. As McMaken describes, this was planned way in advance, during the Bush Administration, but at the time they viewed the concept of social distancing as “impractical, unnecessary and politically infeasible.” Now we have things like this occurring in a Presidential election:

WARREN, MICHIGAN – SEPTEMBER 09: With his audience of union leadership and journalists socially distanced to reduce the risk posed by coronavirus, Democratic presidential nominee and former Vice President Joe Biden delivers remarks in the parking lot outside the United Auto Workers Region 1 offices on September 09, 2020 in Warren, Michigan. Biden is campaigning in Michigan, a state President Donald Trump won in 2016 by less than 11,000 votes, the narrowest margin of victory in state’s presidential election history. (Photo by Chip Somodevilla/Getty Images)

One of the reasons the Bush bureaucrats decided a lockdown was infeasible is because lockdowns don’t work:

There is more than one reason, but one major reason is that lockdowns have never been shown to be particularly effective. And this lack of success in containment must also be weighed with the very real costs of forced isolation

https://mises.org/wire/evidence-keeps-piling-lockdowns-dont-work

A 2006 paper was published, called “Disease Mitigation Measures in the Control of Pandemic Influenza,” which cal

There are no historical observations or scientific studies that support the confinement by quarantine of groups of possibly infected people for extended periods in order to slow the spread of influenza. A World Health Organization (WHO) Writing Group, after reviewing the literature and considering contemporary international experience, concluded that “forced isolation and quarantine are ineffective and impractical.” Despite this recommendation by experts, mandatory large-scale quarantine continues to be considered as an option by some authorities and government officials.

The interest in quarantine reflects the views and conditions prevalent more than 50 years ago, when much less was known about the epidemiology of infectious diseases and when there was far less international and domestic travel in a less densely populated world. It is difficult to identify circumstances in the past half-century when large-scale quarantine has been effectively used in the control of any disease. The negative consequences of large-scale quarantine are so extreme (forced confinement of sick people with the well; complete restriction of movement of large populations; difficulty in getting critical supplies, medicines, and food to people inside the quarantine zone) that this mitigation measure should be eliminated from serious consideration.

http://www.liebertpub.com/publication.aspx?pub_id=111

But despite the 2006 conclusion, as the paper noted, politicians and bureaucrats don’t necessarily act in the best interests of people, or the nation, but rather in their own personal best interests. They will choose the fork in the road that increases their power – even if it decreases the freedom of the citizenry. That’s the clear explanation surrounding the West Virginia Governor. Clearly he’s adept at acting in his own best interests. He doesn’t pay his taxes. He doesn’t pay his bills. He obtained 24 MILLION DOLLARS IN PPP MONEY for his companies, and so on. Are we to believe that he took control over an entire state government just because he loves us, and he can’t bear to see us suffer? Where was his empathy when he was stiffing regular people and small businesses on his bills? When he said, here in West Virginia, “we’re all in this thing together,” he didn’t mention anything about the fact that the had lawyers and accountants behind the scenes getting him 24 million bucks while the rest of us peasants suffer, did he?

It’s about a power grab – not about saving lives. The evidence shows that lockdowns don’t work. They didn’t work:

Measuring from the start of the year to each state’s point of maximum lockdown—which range from April 5 to April 18—it turns out that lockdowns correlated with a greater spread of the virus. States with longer, stricter lockdowns also had larger Covid outbreaks. The five places with the harshest lockdowns—the District of Columbia, New York, Michigan, New Jersey and Massachusetts—had the heaviest caseloads.

Donald Luskin, The Wall Street Journal

There are other studies, as the Misis Institute listed:

July study published by The Lancet concluded: “The authors identified a negative association between the number of days to any lockdown and the total reported cases per million, where a longer time prior to implementation of any lockdown was associated with a lower number of detected cases per million.”

In April, T.J. Rogers looked at “a simple one-variable correlation of deaths per million and days to shutdown” and found that “The correlation coefficient was 5.5%—so low that the engineers I used to employ would have summarized it as “no correlation” and moved on to find the real cause of the problem. (The trendline sloped downward—states that delayed more tended to have lower death rates—but that’s also a meaningless result due to the low correlation coefficient.)”

In May, Elaine He at Bloomberg showed “there’s little correlation between the severity of a nation’s restrictions and whether it managed to curb excess fatalities.”

In an August 1 study, also published by The Lancet, the authors concluded, “Rapid border closures, full lockdowns, and wide-spread testing were not associated with COVID-19 mortality per million people.”

https://mises.org/wire/evidence-keeps-piling-lockdowns-dont-work

The evidence shows that there was no stopping the activity of the virus, where it was already present. Not even the incredibly-obnoxious virtue-signaling step of redoing your social media profile picture with you wearing a mask, had any positive effect on the pandemic. It was nothing more than political speech. Political speech which politicized a virus. The evidence shows nothing governments did, which had any effect on the virus where it was already present:

In a paper published with the National Bureau of Economic Research (NBER), authors Andew Atkeson et al.found that covid-19 deaths followed a similar pattern “virtually everywhere in the world” and that “Failing to account for this familiar pattern risks overstating the importance of policy mandated NPIs (non pharmaceutical intervention) for shaping the progression of this deadly pandemic.”

https://mises.org/wire/evidence-keeps-piling-lockdowns-dont-work

So does this weak correlation between lockdowns and effect on COVID justify the tyrannical actions of governors across the United States, and most especially here in West Virginia?

Extraordinary measures require extraordinary evidence. And the burden of proof is on those who seek to use the coercive power of the state to force people into their homes, cripple the economy, and abolish countless basic freedoms for the duration. Have the advocates for lockdowns made their case? It’s hard to see how they have. For one, advocates for lockdowns need to present obvious and overwhelming evidence that lockdowns bring big benefits far in excess of the no-lockdown approach. They have not done so. Moreover, they have not shown that a lack of lockdowns is anywhere near as dangerous as they have claimed in the name of pushing lockdowns to begin with. We can already see what the no-lockdown scenario looks like. It looks like Sweden, and that’s a better outcome than many prolockdown regimes can claim. Governments are nonetheless likely to continue claiming their lockdowns worked. In ancient days, a witch doctor might perform a rain dance on Tuesday and claim credit when it rained on Wednesday. Lockdowns are increasingly looking like the modern equivalent of a rain dance. 

https://mises.org/wire/evidence-keeps-piling-lockdowns-dont-work

That’s what Governor Justice is doing. He’s doing a rain dance for the public. Some thank him for it. Some hate him for it. And all suffer for it. Well, except the (executive branch) politicians and bureaucrats…..

What does “fighting fascists” even mean?

Following many instances of violence, rioting and intimidation in recent months, I’ve seen it said by some of the participants, usually members of so-called Antifa, or BLM, or affiliated groups, the conduct is justified under the auspices that they were engaged in the righteous act of “fighting fascists.” They had no choice. But, as that one guy in Princess Bride once said, you keep saying that word, but I don’t think you understand what that word means . . . .

What is Fascism?

Benito Mussolini created the Fasci Italiani di Combattimento, the precursor to the fascist party, on March 23, 1919 in Milan, Italy. It was basically violent authoritarianism, but with a new name. Basically, using squads of violent militant supporters, they beat and killed their fellow Italians until they complied with their political agenda.

The word “fascism” comes from the Italian word, “fascio,” which means “bundle” – i.e., bundles of people. In ancient Rome, the “fasces” was a bundle of wood with an ax head, which was carried by leaders.  We’re often told by the modern leftist movements, involving BLM and Antifa, that you’re either with us, or against you. In other words, you cannot be neutral. This isn’t a new idea. In fact, it’s a classic component of both fascist and communist political movements and regimes. Ruth Ben-Ghiat, an expert on first fascist dictator Benito Mussolini and a professor of History and Italian Studies at New York University, explained in a Time Magazine article last year:

“On March 23, 1919, the Fasci Italiani di Combattimento — a group that grew out of a number of earlier movements that had also used the image of the fascio in their names — met for the first time in Piazza San Sepolcro in Milan. At this rally, Mussolini said that membership in the new group “commits all fascists to sabotaging the candidacies of the neutralists of all parties by any means necessary.”

“Mussolini thought that democracy was a failed system. He thought that liberty of expression and liberty of parties was a sham, and that fascism would organize people under state power,” Ben-Ghiat says. “Their idea was you would be freer because you wouldn’t have any class consciousness. You’re just supposed to worship the nation. It’s nation over class.”

What to Know About the Origins of Fascism’s Brutal Ideology, Time Magazine, by Olivia B. Waxman, March 22, 2019

Violence was seen as beneficial to society. Those who did not conform to the ideas, or join the group, were seen as disruptive, and therefore subject to violence.

Who was Mussolini before being the first fascist dictator?

Mussolini was a journalist. He founded the Milan-based newspaper, Il Popola d’Italia, after he left the ranks of the Italian Socialist Party, where he advocated militarism and irredentism (a movement to reunify parts of what was supposed to be “Italy”similar to what Hitler was attempting to do in reunifying the Nazi perception of the true “Germany”). He created an offshoot of socialism, and was very much a socialist, as far as policy goes. The word “socialist” was displayed on the newspaper’s masthead until 1918. See Philip Morgan (2003), Fascism in Europe, 1919-1945, New York: NY: Routledge, p. 27.

So were the fascists also socialists? 

Viewed in the context of World War I, Mussolini was a socialist, but disagreed with the Socialist Party on issues of foreign policy – namely, whether to go to war. He left the party when he went to fight in World War I. Accordingly, the fascists declared the socialists to be the enemy over their anti-war policies. Other than the foreign policy issue of whether to fight a war, their domestic policies were substantially the same. This formed the prototype for Hitler’s vision of the Third Reich:

“In the past, there was this idea that Mussolini copied Hitler, but it was actually the other way around for a very long time,” she adds. “Mussolini was in power 11 years before Hitler. He had things all worked out by the time Hitler came to power. Hitler was [initially seen as] a total loser. No one wanted to buy Mein Kampf. No one was interested in him. Then the Great Depression came, and he boomed. [Fascism] is a very important part of Nazism. It began with Hitler wanting to adapt what Mussolini had created. Hitler was such a fan of Mussolini; he was writing him, trying to get an autographed picture, trying to meet him.”

What to Know About the Origins of Fascism’s Brutal Ideology, Time Magazine, by Olivia B. Waxman, March 22, 2019

Therefore, fascists were socialists who wanted to go to war. Nazis modeled themselves on the fascists. Consequently, Nazis were socialists – hence their name, The National Socialist German Workers’ Party. Only in English, did we refer to them as just “Nazis.” They were a militaristic, pro-war, socialist party, in Germany.

Were the fascists also communists?

Looking back at the creation of fascism, the Russian Revolution had just occurred, and Mussolini feared the spread of communism would threaten his rise to power. Like the socialists, the communist party didn’t so much differ with him all that much on domestic policies, but they weren’t Mussolini.

“The main way the fascists got to power was by killing off and intimidating what was the largest and most popular party, the Socialist Party,” Ben-Ghiat explains. “Squadrists — terrorists who would descend upon towns in trucks, uniformed in black shirts — had knives and they killed thousands of people in the years 1919 to 1922. The killing went on after Mussolini became prime minister.”

What to Know About the Origins of Fascism’s Brutal Ideology, Time Magazine, by Olivia B. Waxman, March 22, 2019

Authoritarian regimes maintain power by force and suppression of opposing ideas and enemies – even if similar. Both communism and fascism glorify an autocratic, centralized and all-powerful government, suppressing individualism. The individual is meaningless in both forms of government. Whereas communism the government owns all means of production and land, fascism allows nominal private ownership – subject to the all-powerful ability of the central government to restrict or destroy such ownership, or course. This looks a lot like the current state of affairs in communist China, where nominal ownership is allowed – if the state allows it because the owner is useful to the state.

Both communism and fascism abolish the concept of religion. The central government – the party, or the State – are the new religion. Again, the large distinction is that “communism” is an international movement, designed to spread beyond borders, like a virus seeking power within each of its new hosts. For obvious reasons, such a movement was the enemy to Benito Mussolini. Italy was not open to the infection of communism, because Benito Mussolini was the sole dictator in Italy – not the Marxists in the Soviet Union.

At the core, fascism and communism both were political viruses designed to spread and take over new territory. Communism sought to spread everywhere. Italian fascism sought to reclaim what Mussolini believed to be his inheritance from the Roman Empire and the Italian Renaissance. Nazism would likewise seek the restoration of traditional lands – “breathing space”  – which in turn brought race and ethnicity as a central policy issue. Communism, on the other hand, sought to overwhelm everyone, everywhere, equally destructive to all races and classes of people. Thus, Italian fascists, who didn’t threaten Nazi fascists, and vice versa, were natural allies because they each claimed separate territories. For the same reason, they both opposed the spread of communism. Because such a spread would challenge their primary purposes of maintaining authoritarian dictatorships over their specific geographical area of traditional and cultural importance.

Again, they weren’t all that opposed to each other when it comes to domestic policy goals. Mussolini had originally praised the Bolsheviks in the Russian Revolution of 1917 and publicly referred to himself in 1919 as the “Lenin of Italy.” See Peter Neville, Mussolini, Oxon, England, UK; New York: NY, Routledge, 2004, p. 36; Denis Mack Smith, Modern Italy: A Political History, University of Michigan Press, 1997, first publish in 1959, p. 284.

Blackshirts

The Blackshirts were the paramilitary wing of the National Fascist Party, and known as the Squadrismo. They were based upon the Arditi, which was an elite group of Italy’s World War I troops, whose loyalty Mussolini had sought, and obtained. The Blackshirts was largely comprised of affluent intellectuals, rather than peasants, or laborers. They were black uniforms, and used violence and intimidation against Mussolini’s political opponents – growing more violent over time, as Mussolini’s power increased.

Hitler later copied Mussolini, creating his own version of blackshirts – the Brownshirts, who became the Nazi storm troopers.

During the high tide of “squadrismo,” members of the Fasci Italiani di Combattimento movement, who would form the official Fascist party by 1922, mobilized tens of thousands, even hundreds of thousands, of Italian men who carried out thousands of acts of brutal violence within their own communities and neighboring cities, towns, villages, and hamlets…. Fascist attacks against Socialists, according to Benito Mussolini, were like assaults “on an Austrian trench.” He declared, “This is heroism…This is the violence of which I approve and which I exalt. This is the violence of Fascism.”

This Is the Violence of Which I Approve”, Slate, by Michael R. Ebner, Jan. 30, 2017.

Like the literal “fascists,” many modern leftist groups, such as BLM and Antifa, have ironically themselves adopted fascist tactics (which in reality are equally attributable to communists). They haven’t reached the level of the Blackshirts, as of yet, but the Blackshirts didn’t build their new Rome in a day. As Mussolini rose in power and strength, so too rose the level of their violence and intimidation:

Fascists interrupted meetings, beat elected officials, and made impossible the work of local government. Socialists in particular were intimidated, threatened, and even beaten until they resigned. The consequences for the Socialist Party, which was entirely unprepared to counter organized, paramilitary violence, were disastrous….

Throughout northern and central Italy, Fascists replicated this feat. Having conquered major provincial centers, Fascists spread out into small towns and hamlets. Major cities provided launching points for attacking other cities. Having consolidated power in these places, the squads then moved into more peripheral areas…. The peasant leagues, cooperatives, labor halls, and social clubs—the entire infrastructure of the Socialist “state”—were intensely parochial institutions, organized around popular, charismatic political and labor leaders.8

Fascist squads thus practiced highly personal, localized strategies of violence and intimidation, attacking the most prominent and influential “subversives” within a given province, town, or comune. Fascists sometimes beat these men, occasionally with homicidal intent, but perhaps more commonly intimidated them until they were forced to leave town, thereby decapitating their organizations. The Fascists spent their weekends chasing prominent peasant leaders across the countryside.

“This Is the Violence of Which I Approve”, Slate, by Michael R. Ebner, Jan. 30, 2017. https://slate.com/news-and-politics/2017/01/how-italian-fascists-succeeded-in-taking-over-italy.html Excerpted from Ordinary Violence in Mussolini’s Italy by Michael R. Ebner. Published by Cambridge University Press.

The Blackshirt playbook was really not a whole lot different than “terrorism” as it became to be defined in the post-millineum – albeit, without the religion. It was all about instilling fear, or rather terror, in the minds of the enemy. Not just the enemy either, but in the minds of their innocent family members at home:

Thus, life for labor leaders became terror-filled, especially because Fascists did not limit their attacks to the public sphere. Nowhere was safe. Late at night, 10, 30, or even 100 Blackshirts, as these squad members became known, sometimes traveling from neighboring towns, might surround a home, inviting a Socialist, anarchist, or Communist outside to talk. If they refused, the Fascists would enter forcibly or threaten to harm the entire family by lighting the house on fire.9

In small towns, where everyone knew everyone, Fascists inflicted ritual humiliation on their enemies, a powerful strategy of terror understood by all. Blackshirts forced their opponents to drink castor oil and other purgatives, and then sent them home, wrenching with pain and covered in their own feces. In some cases, squads forced their enemies to defecate on politically symbolic objects: pages of a speech, a manifesto, a red flag, and so on. After administering a castor oil treatment, Fascists sometimes drove prominent anti-Fascist leaders around in lorries in order to reduce them in the eyes of their own supporters.10 They also accosted their opponents in public, stripped them naked, beat them, and handcuffed them to posts in piazzas and along major roadways.11

Although individual working-class leaders might have been willing to live under the constant threat of physical attacks, most were unwilling to subject their families to such danger. Deprived of leadership, meeting places, offices, records, and sympathetic Socialist town councils, the landless peasantry became subject to the landowners’ conventional tactics of strike breaking and intimidation. Having broken the leagues, the Fascists then forced the laborers into “politically neutral” (Fascist) syndicates. Vulnerable peasants had little choice but to join….

The squadrists’ most explicit goal—destroying “Bolshevism”—was rapidly achieved, yet the violence continued unabated. Only by perpetuating this “revolutionary” situation could the Fascist movement undermine the liberal state and continue its push for political power. Additionally, at the local level, violence and criminality persisted more or less independent of any immediate larger political goals. The power of the Ras and the bonds of squadrist camaraderie depended on Fascists sustaining a state of lawlessness and initiating new attacks.12 Illegal activities increased feelings of belonging and emotional interdependence among squadrists, making it more difficult for individual Blackshirts to pull out of the squads or refrain from violent acts. Any retreat, any return to normalcy, would have required dealing with potentially serious legal and psychological consequences.13 Violence thus became cyclical and self-sustaining. Squads perpetuated the environment of terror by constantly identifying new victims. Not surprisingly, due to its intimate nature, Fascist violence was shaped by local conditions: petty feuds, personal rivalries, and other motives beyond mere class warfare.

“This Is the Violence of Which I Approve”, Slate, by Michael R. Ebner, Jan. 30, 2017. https://slate.com/news-and-politics/2017/01/how-italian-fascists-succeeded-in-taking-over-italy.html Excerpted from Ordinary Violence in Mussolini’s Italy by Michael R. Ebner. Published by Cambridge University Press.

Scenes of burning and stomping on flags, national, cultural and historic symbols…. It’s all a performance, shrewdly designed to have an effect on the minds of the people who would otherwise be neutral. Remember, you’re either with us, or against us:

Having “conquered” and “pacified” Socialist communities, Fascists next asserted domination over the political and symbolic use of public space. The Fascists tore down red flags, busts of Marx, and Socialist slogans, replacing them with the Italian flag, busts of the king, and the fasces. Marches, parades, and political ceremonies reinforced the perception that the Fascists now dominated public spaces only recently occupied by Socialists. This “performance” of Fascist dominance intimidated real and potential enemies, while also fostering cohesion and solidarity among the Blackshirts. It also served to reassure the provincial bourgeoisie that their dominant social position had been restored. Conservative and even moderate liberal provincial newspapers expressed support for the Blackshirts, praising their “patriotism” and respect for “law and order.”

The new Fascist “state within a state” was very different from the preceding two years of Socialist hegemony. Through illegal violence, rather than elections, Fascists controlled government administration and destroyed the offices, newspapers, and cultural and social organizations of the Socialists, trade unions, and peasant leagues. Cyclical violence directed against local leaders prevented Socialists from reorganizing. Mass demonstrations, supported by the police and property-owning classes, were patriotic, reaffirming the primacy of the nation over internationalism. Politically, economically, and socially, traditional elites had reasserted their dominance over the laboring classes….

Fascists also raided the homes of nationally prominent politicians—including the former prime minister, Francesco Nitti—throwing their books and furniture out the window and lighting the pile on fire. Meanwhile, in the provinces, Fascists seized control of local administrations that had resisted up until then. By the end of 1922, Fascists or pro-Fascists controlled virtually every communal administration in Italy. Finally, the freedom of the press was severely curtailed. In the days following Oct. 28, 1922, Fascists prevented most major dailies from publishing news of events.

On Oct. 29, 1922, the Italian king appointed Mussolini prime minister. Mussolini presided over a mixed cabinet consisting of Fascists, Nationalists (who were absorbed by the Fascists in 1923), Liberals, and Popolari. Many political elites assumed that a Mussolini government would bring an end to two years of violent disorder, but it did not. By taking the portfolio of minister of the Interior for himself, he controlled the Italian police. Political violence in the years after the March on Rome continued to serve the same purposes as before: it suppressed opposition, replaced Socialist and non-Fascist administrations, and extended Fascist control over the rest of Italy. Mussolini occasionally decried the illegal activities of the squads, but they operated as the motor that drove his government along the road to dictatorship.

“This Is the Violence of Which I Approve”, Slate, by Michael R. Ebner, Jan. 30, 2017. https://slate.com/news-and-politics/2017/01/how-italian-fascists-succeeded-in-taking-over-italy.html Excerpted from Ordinary Violence in Mussolini’s Italy by Michael R. Ebner. Published by Cambridge University Press.

So-called “Antifa

In 1932, Antifaschistische Aktion (a.k.a., Antifa) was formed in the Weimar Republic by members of the Communist Party of Germany. The modern-day “Antifa” has appropriated their name and a modified version of their logo. They’re not the only ones. The Maoist Communist Party in China did the same, along with other later Marxist authoritarian regimes and groups. It’s been a common tactic utilized by communists ever since the 1930s. While 1932 Germany did indeed have a problem with actual fascists in the government, in true communist fashion, the epithet “fascist” didn’t necessarily refer only to a Nazi. Rather, it was used to describe capitalist society in generally and virtually any anti-Soviet or anti-Stalinist activity or opinion. The term anti-fascist became ubiquitous in Soviet and communist party usage, where it became synonymous with the party line. See Pike, David (1982). “German Writers in Soviet Exile, 1933–1945”. The American Historical Review. 88 (1): 8–9. doi:10.1086/ahr/88.1.133-a. ISSN 1937-5239.

Thus, when the “Antifa” rioters, or the BLM “peaceful protestors” are engaging in what appears to be violence and/or intimidation, similar to what the Blackshirts used to do, they justify their actions utilizing a theory that the ends justifies the means, because they’re “fighting fascists.” The big difference between 2020 United States and 1932 Europe, is that they literally are not fighting fascists. There are many things. But they literally are not fighting fascists. Fascists are not Republicans, nor Maga-hat-wearing Trump supporters. No historical component of the United States had anything to do with fascists, except being the actual one’s to finally destroy the literal fascists – Nazi Germany and Mussolini’s Italy. And also the Soviet Union, which is basically the same thing, as far as domestic policy goes. Fascists do not promote, protect and preserve religion. Fascists do not believe in the natural rights of man to life, liberty and the pursuit of happiness. Antifa is literally fighting against non-fascists. Whether they’re neutral, or Maga-hat-wearers, or whether they’re so-called right-wing militia types, they’re literally not fascists. If they were, they’d probably be the best of friends, because in theory, they only disagree on foreign policy issues. And even Trump, the head fascist of 2020, is vocally anti-war compared to his Republican Neocon predecessors.

So what’s the end-goal? Where is this all going? What does Antifa/BLM/communism want? Just as history tells us what fascism is, and what communism is, by what their actions have been in the past, and how they were created and maintained their power, history also teaches where they will take us, if given the opportunity.

Spanish Civil War

The culmination of the real fascists in 1930s Europe, competing with the real communists of 1930s Europe, as well as communists led by the Soviet Union, resulted in a civil war of epic proportions in Spain, which illustrated the real end-game of so-called anti-fascist groups. This is where the want to go, assuming they are sufficiently supplied and supported. It lasted from 1936 to 1939. An unknown number of people, from 500,000 to one million, would die in the war, ending in an even-more brutal dictatorship which would rule Spain well into the 1970s.

Leading up to the Spanish Civil War, there was an eerily familiar environment of violence and polarization. According to Stanley Payne, by July 1936, the situation in Spain had deteriorated massively. Spanish commentators spoke of chaos and preparation for revolution, foreign diplomats prepared for the possibility of revolution, and an interest in fascism developed among the threatened. Payne states that, by July 1936:

“The frequent overt violations of the law, assaults on property, and political violence in Spain were without precedent for a modern European country not undergoing total revolution. These included massive, sometimes violent and destructive strike waves, large-scale illegal seizures of farmland in the south, a wave of arson and destruction of property, arbitrary closure of Catholic schools, seizure of churches and Catholic property in some areas, widespread censorship, thousands of arbitrary arrests, virtual impunity for criminal action by members of Popular Front parties, manipulation and politicisation of justice, arbitrary dissolution of rightist organisations, coercive elections in Cuenca and Granada that excluded all opposition, subversion of the security forces, and a substantial growth in political violence, resulting in more than three hundred deaths.”

Payne & Palacios 2014, p. 117.

Society was severely polarized, with constant confrontations between the left and the right (i.e., the communists and fascists, so more accurately left vs. other left):

Laia Balcells observes that polarization in Spain just before the coup was so intense that physical confrontations between leftists and rightists were a routine occurrence in most localities; six days before the coup occurred, there was a riot between the two in the province of Teruel. Balcells notes that Spanish society was so divided along Left-Right lines that the monk Hilari Raguer stated that in his parish, instead of playing “cops and robbers”, children would sometimes play “leftists and rightists.” 

Balcells, Laia. Rivalry and revenge. Cambridge University Press, 2017. pp. 58–59.

The government was allowing one side to commit acts of violence and to destroy property, and to get away with it, while the other side would be prosecuted. In addition, there was a purposeful class warfare and social justice propaganda, bringing tensions to a boiling point:

Within the first month of the Popular Front’s government, nearly a quarter of the provincial governors had been removed due to their failure to prevent or control strikes, illegal land occupation, political violence and arson. The Popular Front government was more likely to persecute (i.e., prosecute) rightists for violence than leftists who committed similar acts

Workers increasingly demanded less work and more pay. “Social crimes” – refusing to pay for goods and rent – became increasingly common by workers, particularly in Madrid. In some cases this was done in the company of armed militants. Conservatives, the middle classes, businessmen and landowners became convinced that revolution had already begun

Seidman, Michael (2011). The Victorious Counter-revolution: The Nationalist Effort in the Spanish Civil War. University of Wisconsin Press.

Tragically, the Spanish Civil War was characterized by the inability for historians to even determine the number of people who died in the process. Both sides utilized what were essentially death squads, killing both civilians and combatants. Maybe the one thing that everyone can agree on, is that Spain was destroyed in the process, and never really recovered.

We’ve already had one Civil War, and there can be no doubt, if you look at the history of communist “anti-fascists,” that’s where they want to take us.

To find systematic injustice and inequality, look no further than the prosecutors and the criminal laws

Kamala Harris is now the VP candidate. You may have heard her bring up the topic of systematic inequality, or injustice. Look no further than her achievements as a career prosecutor, and many others like her across the nation, to find evidence that those things indeed exist. They really do.

PODCAST version: https://www.podbean.com/media/share/pb-izu7k-e9f1fe

Harris was a district attorney in San Fransisco from 2004 to 2011. She stood out there by being tough on crime in the form of prosecuting truant school children, sending letters to San Fransisco parents each year, threatening them with citations. She sponsored a 2010 law making it a misdemeanor crime for parents whose children miss 10 percent of a school year without an excuse the State deemed acceptable. She opposed efforts to reduce mandatory minimum prison sentences. She opposed the effort to legalize marijuana in California.

She served California Attorney General from 2011 to 2017, where at least 1,560 people were incarcerated for marijuana related offenses in those years. She fought against new DNA testing in order to determine whether death row inmate, Kevin Cooper, who many believed had been wrongfully convicted. If there’s any chance at all that he is actually innocent, what is the harm in checking the DNA? According to the New York Times, over 600 criminal cases had to be dismissed over a corrupt laboratory technician who had been accused of “intentionally sabotaging” results in criminal prosecutions. Harris and her prosecutors tried to withhold this evidence from defense lawyers – and got caught.

In 2014, she declined to take a position on a ballot initiative to reduce certain low-level felonies to misdemeanors and laughed at a reporter who asked if she would support the legalization of marijuana.

That case is not an outlier. Ms. Harris also fought to keep Daniel Larsen in prison on a 28-year-to-life sentence for possession of a concealed weapon even though his trial lawyer was incompetent and there was compelling evidence of his innocence. Relying on a technicality again, Ms. Harris argued that Mr. Larsen failed to raise his legal arguments in a timely fashion. (This time, she lost.)

She also defended Johnny Baca’s conviction for murder even though judges found a prosecutor presented false testimony at the trial. She relented only after a video of the oral argument received national attention and embarrassed her office.  And then there’s Kevin Cooper, the death row inmate whose trial was infected by racism and corruption. He sought advanced DNA testing to prove his innocence, but Ms. Harris opposed it. (After The New York Times’s exposé of the case went viral, she reversed her position.)

Kamala Harris Was Not a ‘Progressive Prosecutor’, The New York Times, by Lara Bbazelon, Jan. 17, 2019.

In “The Truths We Hold,” Ms. Harris’s recently published memoir, she writes: “America has a deep and dark history of people using the power of the prosecutor as an instrument of injustice.” She ironically claims in the book, “I know this history well — of innocent men framed, of charges brought against people without sufficient evidence, of prosecutors hiding information that would exonerate defendants, of the disproportionate application of the law.”

Indeed, I have also seen it first hand. The fact is that we have over-criminalized everything in this country. And who has it harmed the most? As I wrote about back in January, it didn’t start out this way. The Constitution was initially ratified in 1788. By 1790, we had only 30 federal crimes in existence, which consisted of the basics: treason, piracy, counterfeiting, murder, and so on. At that time, there was no concept in our law of the possession of an object being illegal in and of itself. That was imported from Sharia Law and Far-East authoritarian regimes, such as you see in the laws of Singapore.

The first modern drug law in the western world was in England in 1868.  The first law against drug possession in the U.S. wasn’t until 1875, from San Francisco, where it was attempted to stop the Chinese immigrants from enjoying their “opium dens.” Politicians will be politicians, and now as of 2015, we now have over 5,000 federal crimes on the books – up quite a ways from the original 30 in the America as created by our founding fathers. In total, that’s 27,000 pages of descriptions of federal crimes in the U.S. code books. Although the U.S. consists of only about 5% of the world population, we incarcerate around 25% of the world’s prisoners. 40% of those are Black Americans. See The Overcriminalization of America, Charles G. Koch and Mark V. Holden, January 7, 2015.

Our laws in America derived from English common law. Courts today still turn to the old English common law to resolve some questions of law. It might surprise you to learn that the prosecution of crimes in our mother country was originally a private matter, rather than public.  There was no real police force anywhere.  Nor an army of prosecutors. The first real police force was created in 1829, and then that was only in London. The criminal justice system itself, was mostly privately operated and funded. So there was no such thing as a police force. And there was no such thing as career prosecutors, such as Kamala Harris.

Under English law, any Englishman could prosecute any crime. In practice, the prosecutor was usually the victim. It was up to him to file charges with the local magistrate, present evidence to the grand jury, and, if the grand jury found a true bill, provide evidence for the trial.

In some ways, their system for criminal prosecution was similar to our system of civil prosecution. Under both, it is the victim who ordinarily initiates and controls the process by which the offender is brought to justice. There is, however, at least one major difference between the two systems. If the victim of a tort succeeds in winning his case, the tortfeasor is required to pay him damages. If the victim of a crime won his case, the criminal was hanged, transported, or possibly pardoned. The damage payment in civil law provides the victim with an incentive to sue. There seems to be no corresponding incentive under the 18th century system of private criminal prosecution.

Making Sense of English Law Enforcement in the 18th Century, Santa Clara University School of Law, 2 U. Chi. L. Sch. Roundtable 475 (1995).

Possession crimes were used against Black Americans, throughout the Jim Crow era, by depriving them of the right to possess firearms.

The anxiety about gun control, i.e., the regulation of gun possession, arises from this tension, this uncertainty amongthose who once clearly identified themselves with the policers in their effort to control undesirables.

Privileged members of thepolitical community are appalled to find themselves treated bythe law, if not necessarily by its enforcers, as presumptively dangerous, and therefore as vagrants, felons, aliens, and “negroes.” Pointing to the Second Amendment, they challenge the state’s claim to original ownership of guns as dangerous instruments,with possession to be delegated to those deemed worthy. Men of “good moral character” balk at the requirement that they demonstrate their moral fitness to a state official.

They are, in short, experiencing the very sense of powerlessness so familiar to the traditional objects of police control. Now, they too are the outsiders who find themselves confronted with the arbitrary discretion of a superior power, the state. And this sense of alienation only grows when these state-defined sources of danger realize that state officials are exempt from the general prohibition of possession.

Making Sense of English Law Enforcement in the 18th Century, Santa Clara University School of Law, 2 U. Chi. L. Sch. Roundtable 475 (1995), at p. 92.

And again, if you want to look at systematic injustice and inequality, look no further than those individuals who have signed their names to the documents charging the people imprisoned across the county, as well as the arguments made in the courtroom to put them there. Somewhere along the way, we decided to over-criminalize America, to the point at which the Government tells us what plants, or even ideas, we can, or cannot possess. Regarding Harris’ statement in her book about the danger of prosecutors, the lady doth protest too much, methinks….

Freedom is Scary Livecast No. 2 – WV Delegates Jim Butler and S. Marshal Wilson

Today’s “Freedom is Scary” Livecast discussion with West Virginia patriot legislators, Marshal Wilson and Jim Butler. On our lawsuit against the WV Governor, freedom, history, the gubernatorial race, and more.

Download or listen to the audio-only Podcast version: https://thejohnbryanpodcast.podbean.com/e/freedom-is-scary-episode-2-lawsuit-against-wv-governor/

FRIDAY FIGHT – LIVE UPDATE

LIVE AT NOON TODAY. Watch here, on Youtube Live, or an Facebook Live.

I haven’t yet begun to fight, is the theme of the week. Many fights are ongoing, and many are waiting on deck. In this video, I give an end-of-the-week update to many of the civil rights cases we’re currently fighting, as well as some of the current real civil rights issues, in my opinion, of course. Some of the thecivilrightslawyer.com blog posts from this week, in case you missed them:

Delegating our Freedom to a Czar: https://thecivilrightslawyer.com/2020…

COVID Tyranny and the Truth: https://thecivilrightslawyer.com/2020…

Radio Interview Responding to the Attorney General: https://thecivilrightslawyer.com/2020… The Imminent Eviction Wave: https://thecivilrightslawyer.com/2020…

Follow on Facebook: https://www.facebook.com/JohnBryanLaw

Note: Maryland’s highest court affirms that police can’t use the smell of marijuana to search and arrest a person

ETA: during the live cast I mentioned my hemp-law-guru who told me about the MD marijuana case. I should have mentioned, that’s Jennifer Mason, Esq. She’s the go-to person for up-to-date hemp law around the country.

COVID Tyranny: the truth, and why we need our elected representatives to do their job

You probably saw the news that the tech giants are censoring the doctors from the capitol hill press conference yesterday. But, you may have missed the fact that a few days ago a leading researcher – HARVEY A. RISCH, MD, PHD , Professor of Epidemiology at Yale School of Public Health – published an op-ed in Newsweek about a politically-suppressed paper he recently published in the American Journal of Epidemiology. Dr. Risch gave us the astonishing news that we basically already have what amounts to successful and inexpensive cure to COVID-19! But because of politics and corporate greed, the cure (and his research) is being suppressed. I mean, why stop thing now that the governors are just getting their groove on? Am I right?

As professor of epidemiology at Yale School of Public Health, I have authored over 300 peer-reviewed publications and currently hold senior positions on the editorial boards of several leading journals. I am usually accustomed to advocating for positions within the mainstream of medicine, so have been flummoxed to find that, in the midst of a crisis, I am fighting for a treatment that the data fully support but which, for reasons having nothing to do with a correct understanding of the science, has been pushed to the sidelines. As a result, tens of thousands of patients with COVID-19 are dying unnecessarily. Fortunately, the situation can be reversed easily and quickly.

The Key to Defeating COVID-19 Already Exists. We Need to Start Using It | Opinion, by HARVEY A. RISCH, MD, PHD , PROFESSOR OF EPIDEMIOLOGY, YALE SCHOOL OF PUBLIC HEALTH, https://www.newsweek.com/key-defeating-covid-19-already-exists-we-need-start-using-it-opinion-1519535
A screenshot of Dr. Risch’s profile on Yale’s website.

Dr. Risch was flabbergasted that the success of the highly inexpensive Hydroxychloroquine treatment was being downplayed in favor of some potential future vaccine, which no doubt is going to be extremely expensive and difficult to obtain.

On May 27, I published an article in the American Journal of Epidemiology (AJE) entitled, “Early Outpatient Treatment of Symptomatic, High-Risk COVID-19 Patients that Should be Ramped-Up Immediately as Key to the Pandemic Crisis.” That article, published in the world’s leading epidemiology journal, analyzed five studies, demonstrating clear-cut and significant benefits to treated patients, plus other very large studies that showed the medication safety.

The Key to Defeating COVID-19 Already Exists. We Need to Start Using It | Opinion, by HARVEY A. RISCH, MD, PHD , PROFESSOR OF EPIDEMIOLOGY, YALE SCHOOL OF PUBLIC HEALTH, https://www.newsweek.com/key-defeating-covid-19-already-exists-we-need-start-using-it-opinion-1519535
A description of Dr. Risch’s experience on Yale’s website.

Any time I express doubt about the premise that we have to live forever in a “new normal” with restricted liberty and rights, I get mocked for not being an epidemiologist. Well here’s an epidemiologist for you:

Physicians who have been using these medications in the face of widespread skepticism have been truly heroic. They have done what the science shows is best for their patients, often at great personal risk. I myself know of two doctors who have saved the lives of hundreds of patients with these medications, but are now fighting state medical boards to save their licenses and reputations. The cases against them are completely without scientific merit.

The Key to Defeating COVID-19 Already Exists. We Need to Start Using It | Opinion, by HARVEY A. RISCH, MD, PHD , PROFESSOR OF EPIDEMIOLOGY, YALE SCHOOL OF PUBLIC HEALTH, https://www.newsweek.com/key-defeating-covid-19-already-exists-we-need-start-using-it-opinion-1519535

He explained that he believes (and this is a shocker) that politics have been injected into what should be a basic medical discussion:

Why has hydroxychloroquine been disregarded?

First, as all know, the medication has become highly politicized. For many, it is viewed as a marker of political identity, on both sides of the political spectrum. Nobody needs me to remind them that this is not how medicine should proceed. We must judge this medication strictly on the science. 

The Key to Defeating COVID-19 Already Exists. We Need to Start Using It | Opinion, by HARVEY A. RISCH, MD, PHD , PROFESSOR OF EPIDEMIOLOGY, YALE SCHOOL OF PUBLIC HEALTH, https://www.newsweek.com/key-defeating-covid-19-already-exists-we-need-start-using-it-opinion-1519535

And the results are continuing to look good for this inexpensive treatment:

Since publication of my May 27 article, seven more studies have demonstrated similar benefit. In a lengthy follow-up letter, also published by AJE, I discuss these seven studies and renew my call for the immediate early use of hydroxychloroquine in high-risk patients. These seven studies include: an additional 400 high-risk patients treated by Dr. Vladimir Zelenko, with zero deaths; four studies totaling almost 500 high-risk patients treated in nursing homes and clinics across the U.S., with no deaths; a controlled trial of more than 700 high-risk patients in Brazil, with significantly reduced risk of hospitalization and two deaths among 334 patients treated with hydroxychloroquine; and another study of 398 matched patients in France, also with significantly reduced hospitalization risk. Since my letter was published, even more doctors have reported to me their completely successful use.

The Key to Defeating COVID-19 Already Exists. We Need to Start Using It | Opinion, by HARVEY A. RISCH, MD, PHD , PROFESSOR OF EPIDEMIOLOGY, YALE SCHOOL OF PUBLIC HEALTH, https://www.newsweek.com/key-defeating-covid-19-already-exists-we-need-start-using-it-opinion-1519535

Want to read the paper for yourself? Here it is. This is the “abstract” summarizing the paper’s research and findings. The research itself, albeit with watermark, follows:

More than 1.6 million Americans have been infected with SARS-CoV-2 and >10 times that number carry antibodies to it. High-risk patients presenting with progressing symptomatic disease have only hospitalization treatment with its high mortality. An outpatient treatment that prevents hospitalization is desperately needed. Two candidate medications have been widely discussed: remdesivir, and hydroxychloroquine+azithromycin. Remdesivir has shown mild effectiveness in hospitalized inpatients, but no trials have been registered in outpatients. Hydroxychloroquine+azithromycin has been widely misrepresented in both clinical reports and public media, and outpatient trials results are not expected until September. Early outpatient illness is very different than later hospitalized florid disease and the treatments differ. Evidence about use of hydroxychloroquine alone, or of hydroxychloroquine+azithromycin in inpatients, is irrelevant concerning efficacy of the pair in early high-risk outpatient disease. Five studies, including two controlled clinical trials, have demonstrated significant major outpatient treatment efficacy. Hydroxychloroquine+azithromycin has been used as standard-of-care in more than 300,000 older adults with multicomorbidities, with estimated proportion diagnosed with cardiac arrhythmias attributable to the medications 47/100,000 users, of which estimated mortality is <20%, 9/100,000 users, compared to the 10,000 Americans now dying each week. These medications need to be widely available and promoted immediately for physicians to prescribe.

Abstract, Early Outpatient Treatment of Symptomatic, High-Risk Covid-19 Patients that Should be Ramped-Up Immediately as Key to the Pandemic Crisis American Journal of Epidemiology, kwaa093, https://doi.org/10.1093/aje/kwaa093
Published: 27 May 2020

Read it for yourself:

So with the West Virginia legislature out of session, and apparently willing to sit this “once-in-our-lifetimes” emergency out, who’s responsibility is it to sort through the facts? Do West Virginians have access to Hydroxychloroquine? Are our medical “Czars” who are making the decisions about whether our businesses get closed or not, reviewing all of the data? Or are they just playing politics?

Do you see why our wise forefathers gave us a system of representative Democracy? We have decision-makers, who have little microphones at their seats so they can argue with each other over disputed facts and policy, with hand little rule-books so that the process is organized. They’re called our delegates, and our senators. We elect them to act on our behalf. And in return they will be accountable to us. Right now nobody is accountable.

“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.” – Thomas Paine.

West Virginia Supreme Court Denies our COVID Executive Order Lawsuit

So, we just received this order from the West Virginia Supreme Court in my email inbox.They denied our Petition for Writ of Mandamus. No explanation was given. That’s unfortunate. I spent 40 pages explaining why the Governor’s orders violated the State Constitution. So far nobody has explained why I’m wrong.

This is the end of the line for the petition for a writ of mandamus. It will be up to my clients, but we could seek injunctive relief from a state circuit court. Of course that will end up back at the Supreme Court either way it goes.

I’ll keep my glass half full and assume that they only denied it because they want us to take it to a trial court first, so they can rule on an appeal of a circuit court judge, rather than in the context of an original jurisdiction writ of mandamus. I’m looking at federal options as well on behalf of some private businesses who were victimized by this tyranny.