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Welcome to my website and Blog. I am a U.S. Army veteran, a Constitutional attorney, Executive Director of the United States Justice Foundation, and a published author, freelance writer, and teacher. I am the author of four books, "Riders in the Sky: The Ghosts and Legends of Philmont Scout Ranch", "The Mortarmen", a story about my father's unit in WW II; my novel, "Amayehli: A Story of America" and the newly released "America's Livliest Ghosts" In addition, I have an affordable, pocket size booklet on the Constitution called "Our Constitution" that is receiving great reviews. You can read more about these books by going to the pages on each book on this website.
You may also want to check out my radio talk show that airs every Wednesday at 4:00 Eastern. Here is the website containing the link: http://www.americaswebradio.com/showpages/OurConstitution.php
I have been named the new Executive Director of the United States Justice Foundation that works on Constitutional law cases. It's website is www.usjf.net.
I have recently formed a non profit corporation named the Constitutional Law Alliance (CLA).To find out more about the the CLA and the type of projects we are working on go to the webite at www.constitution.jigsy.com. You will see information about a booklet I have written titled "Our Constitution".
The Blog you see below is designed to deal with the challenges to our Constitutional rights that are being made almost daily. I will try to post articles frequently and your comments are welcome.
New feature! I have added a new feature to my blog. I will be placing Legislative Alerts on the blog to notify you of specific pieces of legislation pending in Congress that contain direct threats to our Constitution.
I am available to speak on Constitutional issues to groups both large and small. To request a speaking engagement email me at email@example.com
Check out my new 'Our Constitution" video on You Tube. It is in two parts:
Our Constitution, Part 1
Our Constitution, Part 2
A fellow veteran sent me information about this today. He had received the information and questionnaire in the mail. It is from the Department of Veterans Affairs and is soliciting veterans to participate in the Million Veteran Project (MVP). It is a project supposedly to study genetics and veteran health. However, the veterans are asked to not only provide information on their physical health, but also their mental and emotional health, and that of their family members.
Much of that information is similar to what the VA is using to have veterans declared incompetent to handle their own financial affairs and then have their names placed on the NICS list by the FBI so the veterans cannot own or purchase firearms due to a “mental defect”.
The entire letter and questionnaire has been published on a website called the twentiethman. I have also confirmed that it is for real by looking at the Veterans Affairs website. The actual link is below:
As a veteran and constitutional lawyer I find this very troubling. I encourage all of my fellow veterans to carefully read this questionnaire and consider whether you can reap any benefits from participating in this program. Proceed cautiously and consider the possible implications to your Constitutional rights. Please pass this on to all of the veterans you know.
I know that may seem like a strange statement since I am a U.S. Army veteran, have two sons who are serving in the army, and am a lifetime member of the American Legion and past commander of a Legion Post. In addition, I have written a book about my father’s unit in World War II. It was while researching and writing that book that I realized that I would never meet a war hero, at least not anyone who would admit to being one.
I started working on the book “The Mortarmen” in 2001 I had only my father’s diary to work with. He had died in 1987 so I could not even question him to get more details. However, I learned that in the mid-nineties an association of the survivors of the 87th Chemical Mortar Battalion had been formed and the battalion records and some company records were available. I made copies of these and studied them carefully. I found that of a battalion of almost 1,000 men 18 had received the Silver Star, 103 had been awarded Bronze Stars for bravery, and 336 had been awarded Purple Hearts.
The battalion had landed on Utah Beach on D-Day and was in combat for 326 straight days. Sixty five soldiers in the 87th were killed and hundreds were wounded. After my initial research I started contacting and interviewing the unit survivors, and in 2004 I attended the final reunion of the men of the 87th in Baltimore. There were only eleven of them able to make it, but I was able to talk to them individually and as a group.
Some of the men I interviewed at the reunion, and both before and after, had won awards for heroism yet I couldn’t get them to talk about that. They all denied being heroes, but they gladly talked about their buddies who they all proclaimed were real heroes. I had run across this before with my own father. He was a 21 year old 1st Lieutenant on D-Day and as such Roy Connelly was one of the oldest members of the unit and was known as one of the “old guys”. This was because so many of these men were not technically men at all, but teenagers.
When we were growing up my brother and I were occasionally allowed to go through my Dad’s foot locker he had kept after the war. It contained many pictures he had taken and well as items captured from German soldiers. There was also a case containing his Bronze Star. He just referred to it as a medal he had received. He had other medals in the foot locker and he never talked much about them. Years later we learned that this medal was different and it was for valor. Eventually, we got him to tell us the story of how he had won it.
The 87th had been moving into a village that had supposedly been vacated by the Germans. However, the retreating Germans had not left yet and the battalion ran right into them. A fierce fire fight broke and the mortarmen suddenly found themselves fighting as infantry. It was absolute chaos and at one point my Dad saw two of the men under his command penned down behind some rubble in a street by a German machine gun crew firing from the second story of a nearby building.
It was just a matter of time before the men were killed so my father charged the building, dodging the enemy fire. He got to the wall of the building just under the window the fire was coming from. His back was to the wall and he could not step out without drawing enemy fire, so he does the only thing he can; he pulls a grenade from his belt, pulls the pin and throws the grenade back over his head toward the window.
It was an act of incredible bravery. If the grenade is on target, Dad would save the lives of two of his men. On the other hand, if the grenade misses the window, it will bounce back to my father’s feet and kill him instantly. Obviously, the grenade hit its mark and my father received the Bronze Star. Yet according to him, he was not a hero; “he was just doing his job.”
I can’t tell you how many times I have heard that statement from America’s heroes. At my American Legion post you will hear many war stories because veterans will talk to each other, but not that often to others, even in their own families. However, I can’t remember any of them talking about their medals. They would just say they were doing their jobs and they mean it.
This humility is just one of the things I see in my fellow veterans. They took an oath to defend the Constitution of the United States against all enemies foreign and domestic and they don’t believe that oath ever goes away. They ask for very little in return for their sacrifices, and unfortunately they get even less than they deserve.
They are not just ignored by the government they defended they are labeled as potential domestic terrorists simply because they served. They are under assault by numerous federal agencies that seek to declare them incompetent to handle their own affairs and declare them too mentally ill to own firearms. They are denied not only decent medical care, but even the basic rights of all Americans to privacy and due process of law.
Instead the PC crowd has created a new class of “heroes” for the American people. I’m not buying it. An NBA player who announces that he is gay is not a hero and does not deserve a phone call from the President. Especially from a President who is effectively destroying the U.S. Military.
A young thug who commits a robbery in Ferguson, Mo and is killed while attacking a police officer is not a hero and doesn’t deserve to have three representatives from the White House attend his funeral. Especially since no one from the White House attended the funeral of American sniper Chris Kyle, the funeral of U.S. Army General Harold Greene who was killed in Afghanistan, or any of the funerals of the marines and sailor killed by a terrorist in Chattanooga.
In addition, a man who decides he really wants to be a woman and starts wearing dresses does not deserve a heroism award from a major television network. Jason Collins, Michael Brown, and Bruce Jenner never put their lives on the line by joining the military and fighting for our country. They are not heroes and neither are the people at McDonald’s who demand $15.00 per hour for making burgers while the new recruits in the military work much more than 40 hours per week and are paid just over $8.00 per hour for risking their lives.
Compare $8.00 per hour with the millions demanded by professional athletes who work for approximately six months a year. Some of them earn millions more with product endorsements. They are proclaimed as heroes and receive all types of rewards and accolades if they win a championship for their team. When American veterans win a battle or even a war, they are told to be quiet and go away into obscurity. Military members may be honored at half time of an NFL game, but only if the military pays the teams for the privilege.
Veterans stand at attention and salute when the pledge is being said, while the First Lady of the United States sends text messages or mouths the words, “all this for that damned flag.” I know who the real heroes are in this country even though they won’t admit it. They are not overpaid sports stars, Hollywood or news media elitists, and certainly not the politicians who take the same oath to the Constitution as our soldiers do and then promptly ignore it and push for their own agenda. Our heroes are members of the military, military veterans, police officers, fire fighters and EMTs, and they deserve our respect and support.
Since Barack Hussein Obama became President of the United States it seems that we have been a constant state of Constitutional crisis. He has repeatedly violated his oath of office, ignored the Constitutional balance of powers by bypassing Congress in order to rewrite or make new laws, and ignoring rulings by the courts. He has sought the destruction of our free market economy, tried to divide us along racial, ethnic and economic lines, and blamed the American people for all the ills of the world.
Obama has launched an all-out assault on the Bill of Rights, seeking to severely limit or completely destroy freedom of speech, freedom of religion, the right to keep and bear arms, the right to due process, and all the rest of our God given rights. He has decimated the capability of our military to effectively defend us, has destroyed the morale of our troops, and caused the death of many of our heroes by imposing rules of engagement designed to protect our enemies.
He has provided “aid and comfort” to our enemies by releasing known terrorists from captivity to rejoin the fight against us, refused to identify our enemy as Islamic Jihadists, and provided access to the White House and our government to those who support our destruction and the imposition of Sharia law on the entire world.
With all of this being said, you are probably wondering what other Constitutional crisis we are facing that could be even more damaging. The answer is both simple and devastating. Obama is about to trash other key provisions of the Constitution and he is doing it with the active support of the Republican leaders in Congress. Remember them; they are the folks we elected to stop the Obama onslaught.
I am referring specifically to the treaty with Iran that gives this terrorist supporting nation a quick path to obtain nuclear weapons while receiving billions of dollars to finance terrorist attacks around the world. First, I believe a good case can be made that this agreement is in fact a treaty under the classic legal definition and therefore cannot go into effect unless consented to by two thirds of the U.S. Senate.
It has to be either a treaty or an executive agreement made by the President. A treaty is an agreement between two or more countries, made under international law that is enforceable by the parties. The so called agreement with Iran certainly appears to fit the definition. On the other hand, if it is an executive agreement or an executive order it can be rescinded by the next President. By its very language it is a long term agreement over the next ten to fifteen years. The wording of the document clearly indicates that there should not be any way for the parties to unilaterally rescind it. Yet, the leaders of Congress have acquiesced to Obama’s claim that it is an Executive agreement.
That is the first violation of the Constitution, yet there is a second one that can be even more devastating. Under the agreement reached by Obama and the Republican leaders of congress, the House and Senate will have sixty days to review the agreement and then approve or disapprove it by a straight up or down vote. If the Congress votes yes than the agreement goes into effect. If either the House or the Senate votes no than the President will be allowed to veto that vote and the Congress will have to get a two thirds majority to override the veto.
I think this is a clear violation of Article 1, Section 7 of the Constitution that allows the President to either sign or veto laws or bills “passed” by Congress. There is no provision in the Constitution and no legal precedent that I can find that allows the President to “veto” and therefor override a bill or law that does not pass both houses of Congress. The whole idea turns the Constitution on its head. If this was allowed to stand then the President would essentially be a dictator able to unilaterally put laws into place that Congress had voted down. I believe even some liberals on the Supreme Court would be hard pressed to approve of what would be a major amendment to the Constitution that did not go through the constitutionally mandated amendment process. I think a challenge to this procedure would be successful.
However, in order to get by the question of legal standing to challenge the constitutionality of this I believe a suit must be filed by a member of Congress, preferably a member of the Senate. Yet, it appears that no one is willing to do this, although it is clearly their obligation under their oath of office. If someone does step up to the plate I will offer my services and those of the United States Justice Foundation to assist in such litigation.
If no challenge is made than Obama will certainly get the votes of 34 left wing Democrats in the Senate to prevent the override of the veto. At that point we can say goodbye to the Constitution and our freedoms. We will be officially under a dictatorship with none of our elected members of Congress even willing to put up a fight.
For over two years the United States Justice Foundation (www.usjf.net) has been working with veterans trying to help them protect their Fifth and Second Amendment rights. The more we learned the worse it got. Then about a year ago we started filing legal memorandums opposing new rules and regulations being proposed by federal agencies like HHS and BATF. I began to see a pattern emerging that indicated to me that the all-out effort to disarm American veterans was only the beginning for the Obama administration.
I predicted that the next group under attack would be senior Americans on Social Security and I began talking about this on my radio show, in my speeches to various groups, and in my blog. For example, on May 15th of this year I did an article titled “Expanding the Assault”. In the last few paragraphs of that article I stated:
“Following the lead of an Executive Oder issued by Obama, the Department of Health and Human Services (HHS) is directly violating the federal HIPAA law that was passed by Congress to protect the privacy of medical records. It is releasing the records to the FBI of anyone who has ever told their physician they were feeling depressed, even if never treated, and anyone who has taken certain drugs for things like PTSD, ADD, or ADHD, among others. All of these people will eventually be added to the NICS list.
The Bureau of Alcohol, Tobacco, and Firearms (BATF) is issuing new regulations broadening the definition of people who are mentally ill and dangerous to include anyone, including children from ever legally owning or purchasing firearms because they were ever sent by a judge to be examined by a psychiatrist or psychologist. Unfortunately, such actions are often taken by family court judges when there are divorce and custody battles going on. In the vast majority of cases, there is no finding of mental illness, but under the new BATF regulations that won’t matter. The people will be banned for life from owning a firearm.
Then there are the actions of the Department of Justice (DOJ) threatening banks and credit card companies with investigations and sanctions if they continue to do business with any entity selling firearms or ammunition such as gun stores or pawn shops. This is another case of criminal extortion by the Federal government.
What is next? Will you have to surrender your firearms to keep your social security, or to stay on Medicare? Will you have to certify that neither you nor any of you employees own firearms in order to get a contract with the Federal government? The groundwork is clearly being laid for all of this to happen. After all, we are living in Obamaland.”
I confess to have met with some skepticism as has been the case with my claims about the veteran situations. Now the LA Times has confirmed all of it in a recent article: http://www.latimes.com/nation/politics/la-na-gun-law-20150718-story.html#page=1
We have already confirmed that seniors going on Medicare are being asked by their doctors if they have firearms in their homes. Seniors are going to be subjected to having their right to privacy violated by having their medical records turned over to federal bureaucrats who will then declare them incompetent to handle their own financial affairs for a variety of spurious reasons.
Once an incompetence determination is made their names will then be turned over to the FBI that will declare them “mentally defective to the point of being a danger to themselves or others” and prohibit them from purchasing or owning firearms. This has already happened to several hundred thousand veterans. Millions more are at risk and now millions of non-veteran seniors will be affected.
It won’t stop there. Under these criteria students who have federally guaranteed loans will be targets as will millions of other people who receive some types of payments from the federal government. Who is next, SSI beneficiaries, people who receive subsidies under Obamacare, Medicaid recipients, food stamp recipients, employees of companies that have federal contracts? In other words, the Second, Fourth and Fifth Amendment rights virtually all Americans are now under attack.
As we are doing with veterans, we will advise anyone affected by this at no charge. You may contact me at Michael@usjfmail.net. America needs to wake up. We are all at risk. We are in a fight for our very existence.
For months we at the United States Justice Foundation (USJF) have been involved in a protracted battle with four federal agencies over FOIA requests that we made regarding the denial of Second and Fifth Amendment rights to American veterans. At the time we made the requests we knew there were four federal agencies involved in the effort to disarm America’s heroes; the VA, the FBI, the DOD, and DHS. Three of the agencies basically refused to give us the information we asked for.
The exception was the FBI, which sent us a copy of the memorandum of agreement between the FBI and the VA that we had already obtained when we won a suit against the VA and it was forced to give it to us. The memo was appalling because it basically involved the FBI agreeing that it would classify all veterans declared incompetent to handle their own financial affairs to be mentally defective to the point of being a danger to themselves or others.
The veterans would then be placed on the NICS list under the category of persons adjudicated to be mentally defective and prohibited from purchasing firearms. The agreement proves that this is being done without adjudication or even in most cases an examination or diagnosis by a physician. In other words, it is a calculated effort by government agencies to deny due process to veterans and disarm them.
Then several weeks ago we were stunned to receive a response to our FOIA requests from a fifth federal agency that we had not sent a request to, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATF). The agency said that the FBI sent seven pages of documents to the BATF to determine if they should be turned over to us. The BATF informed us that we could not see any of the documents.
The excuse given for this refusal was that the documents involved “inter-agency or intra-agency memorandums or letters”. No other relevant information is given. So now we know that there is another federal agency conspiring with the FBI and possibly the VA and other agencies to deny veterans there Second Amendment rights. Yet, we don’t know what this collusion involves, or even what these documents relate to. We are preparing an appeal to try and force delivery of the documents to us.
So, think about this we have Islamic terrorists running amok around the world and threatening Americans here and abroad, veterans dying because they can’t get medical care from the VA, and foreign criminals coming freely over our southern border and murdering American citizens. The Obama response to all of this is to have five major federal agencies that should be protecting Americans and taking care of our veterans devoting their resources to disarming veterans. Doesn’t that make you feel safer? It doesn’t do much for me.
Of course, there is the fact that all of this violates the Constitution of the United States. But that is all irrelevant to Obama and the agencies involved. The attack on veterans continues, as does our fight to protect them.
It is almost time to rejoice because the liberal utopia promised to us by Obama and the left wing elitists is coming rapidly. The United States is going to become the perfect society. It will be a society with no guns in private hands and no racist or brutal local police. Instead there will be a federal police force in control of all law enforcement, both national and local.
Of course, since we have been assured that the dismantling of the Second Amendment and the disarming of law abiding American citizens will cause violent crimes like murder, rape, and armed robbery to virtually disappear the Federal police will be free to enforce other laws such as political correctness. They will make sure that all forms of speech and other expression conform to the PC edicts of the Supreme leader. Since no dissent will be allowed, there will certainly be no discord. However, if there are any violations by individuals, groups, or members of the state controlled press, the punishment will be quick and severe.
There will be no problems with the economy because everything will be controlled by the government and will run just as smoothly as the government does. Unemployment will not be a problem since everyone will be required to work in jobs chosen for them by the government and everyone will receive the same “living wage” regardless of their abilities or how hard they work.
In order to ensure that everyone receives the minimum they need for survival; everything will be rationed, including food, water, electricity, gasoline, and healthcare. However, there will be necessary exceptions for the VIPs who run the government since they are smarter than the unwashed masses they must take care of and therefore are entitled to special privileges and economic benefits.
One of the most important aspects of this liberal utopia is the education of the nation’s children. While rudimentary skills such as reading and writing will be taught the emphasis will necessarily be on teaching children that they owe complete and unwavering obedience to the government. This requires them to immediately report any activities that smack of dissent or opposition to government programs to the proper Federal officials. This must be done even if the dissenters are the parents, siblings, neighbors, or friends of the children.
Children will be taught that the current government is perfect and far superior to the previous Constitutional Republic that was guilty of all forms of racist, sexual, and other forms of oppression and even genocide. In fact, they must be taught that the former USA was responsible for all of the problems of other countries of the world.
They must also be taught that the only form of religion tolerated in the new and improved America is secularism. God does not exist and Christians and Jews are the architects of oppression. Churches will be closed and any attempts to hold secret religious meetings will be severely punished. Pursuant with the treaty signed with Iran, an exception will be made for Muslims in this country who want to live under Sharia law.
All members of the military will take an oath of allegiance to the Supreme leader and if necessary be used in support of the Federal police to quell any civil unrest or dissent. The governors of all states will be appointed by the Federal government and will owe their allegiance to that government, not to their states. All members of Congress will also be appointed by the Supreme leader as will all judges at both the federal, state, and local levels. All decisions are subject to review and reversal.
This will indeed be the perfect society. Liberals know this because they have seen how well it worked in Nazi Germany, Fascist Italy, the Soviet Union, Communist Cuba, Venezuela, and Communist China. Of course, millions died under the oppression of these perfect societies, but those were just bumps in the road. Obama and his progressive cohorts will certainly get it right. Just trust them.
In the past several weeks the various branches of the Federal government have virtually destroyed the very fabric of our Constitutional Republic. Obama has continued with his efforts to dismantle our economy and the Constitution with more illegal and unconstitutional Federal agency regulations and with the promise of more Executive orders aimed at gutting the Bill of Rights.
The Republican controlled Congress did its part by passing mostly secret legislation that apparently gives Obama the right to enter into International treaties and send them to Congress for a straight up or down majority vote, with no amendments allowed. This action totally ignores the provisions of Article II, Section 2 of the Constitution that requires that all treaties entered into by the President be ratified by a two thirds majority of the United States Senate.
Now we have two decisions by the Supreme Court that have trashed the Constitution by once again giving rubber stamp approval to the entirely unconstitutional Obamacare legislation by essentially rewriting the law. Then it ignores the Tenth Amendment to the Constitution that states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The fact is that the word marriage does not appear anywhere in the Constitution and certainly not in the Fourteenth Amendment. The laws concerning marriage are therefore entirely in the hands of the states. Yet, five unelected SCOTUS justices have placed their own political agenda above the Constitution and created a new Federal law mandating the acceptance of gay marriage by all 50 states.
The effect is expertly summed up by two of the country’s outstanding Constitutional attorneys: William Olson and Herb Titus. Both have been working with the United States Justice Foundation on various projects for years and the article printed below is the last of 14 articles prepared for the USJF by some of the finest legal minds in the country. All can be viewed on our website at www.usjf.net.
We intend to be in the forefront of resistance to this declaration of a dictatorship in our country.
Building the Resistance to Same-Sex Marriage
(fourteenth in a series of articles)
Obergefell v. Hodges: Illegitimate, Unlawful, and a Fraud on the American People
by Herbert W. Titus and William J. Olson; June 26, 2015
There is simply no other way to say it.
The Supreme Court’s decision today redefining marriage to include couples of the same sex is wholly illegitimate and unlawful. A nullity. Worthy only to be disobeyed.
Anyone who says otherwise -- that the rule of law requires recognition of same-sex marriage -- is committing a fraud. And any State official -- like Governor Robert Bentley of Alabama -- who says that his oath of office requires unconditional obedience to the Supreme Court’s mandate to issue same-sex couples licenses to marry is mistaking his oath to the Constitution as if it were an oath of absolute obedience to five justices who happen to be sitting on the nation’s highest court.
As Chief Justice Roberts in dissent has described the action taken today:
“Five lawyers have closed debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people ....”
And just who are these lawyers? Justice Scalia reminds us that they are all educated at either Harvard or Yale, from the east- and west- coasts, not from the vast middle of the country, and not a single one an evangelical Christian or a Protestant, and then observes:
“The strikingly unrepresentative character of the body voting on today’s upheaval would be irrelevant if they were functioning as judges, answering the legal question whether the American people had ever ratified a constitutional provision that was understood to proscribe the traditional definition of marriage.”
Indeed, from the outset of his bare majority decision, Justice Kennedy did not even act like a judge. Rather, he wrote as if he were an existentialist philosopher seeking the meaning of life, as if the “liberty” protected in the Constitution was a personal quest “to define and express [one’s personal] identity.”
But the Constitution is not some philosophical work written by Jean Paul Sartre. Rather, it is a political and legal document designed by America’s founders to secure the unchanging God-given rights to life, liberty, and property which are deeply rooted in the 18th century soil of the nation. Justice Kennedy showed no regard for these fixed principles, opting for an evolutionary approach to law -- asserting that the existential definition of marriage changes with changing times.
However, the very purpose of our Constitution is, as Chief Justice John Marshall wrote in Marbury v. Madison, to make “permanent” those principles that the people desired. And, so that those principles would not be “mistaken or forgotten,” the people committed them to writing. Thus, Marshall wrote “it is the province and duty for the courts to say what the law is,” not to make it up as we go along.
As today’s dissenting Chief Justice observed, “[t]hose who founded our country would not recognize the majority’s conception of the judicial role”:
“They after all risked their lives and fortunes for the precious right to govern themselves. They would have never imagined yielding that right on a social policy to unaccountable and unelected judges. And they certainly would not have been satisfied by a system of empowering judges to override policy judgments so long as they do so after ‘a quite extensive discussion.’”
And, as the capstone of his dissent, the Chief Justice concluded: “the Constitution. It had nothing to do with it.” In those nine simple words, Chief Justice Roberts explained why this decision of the Court is not law. If the Constitution had nothing to do with it, the Court had no jurisdiction to issue it. It is, therefore, a nullity.
In the words of Justice Felix Frankfurter, a brilliant jurist who understood the dangers of hubris on the highest court in the land -- may Obergefell v. Hodges prove to be a “derelict on the waters of the law.” And it will be -- but only if the American people rise up and resist this gross perversion of the rule of law.
Approximately one month ago, the U.S. Justice Foundation began to organize the writing and publication of a series of articles in a series entitled “Building the Resistance to Same-Sex Marriage.” This project was undertaken in the hope that the Supreme Court would not recklessly decide the same-sex marriage case, but nonetheless, we prepared for the worst, and sadly, the Supreme Court has disappointed us again. Hopefully over the coming weeks and months, state and local government officials and the people at large will be able to draw from these articles justification and techniques to resist the Supreme Court’s lawless decision.
In Article II, we established that the Fourteenth Amendment in no way addressed the issue of same-sex marriage. In Article III, Robert Reilly explained how poorly these cases have been litigated by government lawyers supposedly defending same-sex marriage. In Article IV, Pastor James Taylor explained the biblical and moral basis for traditional marriage. In Article V, Houston attorney J. Mark Brewer anticipated how courts will manipulate today’s rulings to penalize those in business and the professions who embrace biblical marriage. In Article VI, former Congressman John Hostettler explained that if a soldier has the duty to disobey an unlawful order, how could a state official not have that same duty? In Article VII, former federal magistrate Joe Miller discussed why it would be a violation of federal law and judicial ethics for Justices Ginsburg and Kagan to participate in the decision, yet both did so today.
In Article VIII, Pastor Matthew Trewhella provided a historical context for Christian resistance by lower government officials to illegal actions by higher government officials, known as “The Doctrine of the Lesser Magistrate.” In Article IX, we discussed the apparent efforts of the Supreme Court to bury the motion for recusal filed by the Foundation for Moral Law so that Justices Ginsburg and Kagan could more easily disregard their duty. In Article X, constitutional attorney Edwin Vieira explained how decisions like today’s decision violate the Constitution’s “good behavior” standard, leaving them susceptible to removal. In Article XI, former U.S. attorney Tom Ashcraft laid out the process by which Congress can limit the jurisdiction of federal courts, using the power Congress was expressly given in the U.S. Constitution. In Article XII, Senior Virginia Delegate Robert G. Marshall discussed how Congress could immediately use the Appropriations Power to prevent implementation of an unlawful decision such as that issued today. And lastly, in Article XIII, former Oklahoma Representative Charles Key described the responsibility and duty of every citizen, when serving on a jury, to decide both the facts and the law in every case, known as jury nullification.
This series of articles has demonstrated that a Supreme Court decision mandating same-sex marriage would be illegitimate. As Blackstone said, it would not just be bad law; it would be no law at all. That decision has now transpired. These articles also demonstrate that the American people and our elected officials have many ways to resist the unconstitutional decision of the Court. The question now is, will our political leaders abandon the true Constitution to embrace the decision of the Court?
In the coming days we will continue to be releasing articles further discussing the justification for and techniques that can be used by Congress, state officials, and the American people to resist today’s unlawful decision. We urge supporters of traditional marriage to view today’s loss as a setback, but by no means a final decision of anything. The battle continues.
Herbert W. Titus taught Constitutional Law for 26 years, and concluded his academic career as the Founding Dean of Regent Law School. William J. Olson served in three positions in the Reagan Administration. Together they have filed over 80 briefs in the U.S. Supreme Court, and dozens more in lower courts, addressing important public policy issues. They now practice law together at William J. Olson, P.C. They can be reached at firstname.lastname@example.org or twitter.com/Olsonlaw.
This article is part of a series on “Building Resistance to Same-Sex Marriage.” Please support this important work with a contribution to the U.S. Justice Foundation. Permission is freely granted to publish, copy, reproduce, distribute, or excerpt from this article for any purpose.
I may not always be the brightest candle on the cake, but it doesn’t take a wall to fall on me for certain things to come clearly into focus. That is what has happened in the last few weeks as we at the United States Justice Foundation (USJF) have continued to move forward with our investigation into the expanding assault of the Federal and some state governments on the Second Amendment rights of our veterans.
What we have uncovered is a coordinated effort by multiple federal agencies to disarm the American people. The tactics being used are not just violating the Constitutional rights of Americans, but include outright criminal acts such as extortion and blackmail. Veterans continue to be the primary target, but the groundwork has been laid to expand the disarmament efforts to the rest of the population.
The veterans are clearly considered the most dangerous of the gun owners in the country because there are 23 million of us and we all took an oath of office to “protect and defend the Constitution of the United States against all enemies, foreign and domestic.” We are trained to do just that so we pose a threat to those who want to take away our Constitutional republic.
The government is also using the veterans as guinea pigs to develop methods that can be used to steal their Constitutional rights. Some veterans get the letter from the VA telling them that because of physical or mental disabilities they are going to be declared incompetent to handle their own financial affairs, and the VA will appoint a fiduciary for them. The veterans are given 60 days to prove they are competent, which is a direct violation of the due process clause of the Constitution that requires the burden of proof be on the government.
The letter also tells the veteran that once they are declared incompetent they can no longer own, possess, purchase, or transport firearms or ammunition. If they do they will be prosecuted. The names of veterans who have been declared incompetent are sent by the VA to the FBI where they are automatically declared to have been adjudicated to be mentally defective to the point of being a danger to themselves or others. They are put on the National Instant Criminal Background Check System (NICS) and can no longer legally purchase firearms.
However, in none of the cases that we know of has there been an adjudication process with a hearing before a judge or an administrative judge. Nor have the veterans in most cases been examined by a psychiatrist, psychologist, or even an MD. Eric Holder decided that anyone who works for the VA can declare veterans incompetent for any reason including having their bills paid automatically out of their bank accounts.
I have reported on all of this is the past, but as we have gotten more aggressive in representing individual veterans to defend their Constitutional rights the VA has adopted additional tactics against our American heroes. Some veterans have never gotten any letter or official notification from the VA. They find out they are on the NICS list when they try to purchase a firearm. Often they can’t even find out why they are on the list.
Other veterans who fight the incompetency declaration and lose can appeal, but are being told that if they do defy the government and appeal, their benefit payments can be suspended for the duration of the appeal, which can drag on for years. The families of veterans are also been told that since they live with a veteran who has been declared incompetent they can’t own or purchase firearms. They are also being put on the NICS list. So first it was the veterans, and now the government is expanding the prohibition to the families.
Now we have uncovered another new wrinkle to this assault by the government. Veterans who are declared incompetent are being told that if they want to have their Second Amendment rights restored they can simply sign a form from the VA giving up their VA benefits. This is simply unbelievable. On the one hand the VA and the FBI have found veterans to be mentally ill and too dangerous to be allowed to own firearms, while on the other hand allowing these allegedly dangerous people to buy their firearm rights back. This is illegal and is called extortion. One thing we are looking into is what happens to the money that veterans give up. We suspect it does not all go back in the treasury.
These are the veteran stories yet we believe we have just scratched the surface. I mentioned that there are multiple agencies involved and they are expanding the gun grabbing programs into other segments of the populations. All veterans that go to the VA are questioned about their firearms ownership and now we are finding that some seniors on Medicare are being asked the same questions. So are some dental patients and even children who are seeing pediatricians are being questioned about their parents’ gun ownership.
Other agencies involved in this massive assault are the Department of Homeland Security (DHS) that continues to list veterans and other supporters of the Second Amendment as the top potential domestic terrorists. The purpose is to demonize these two groups and make the public more agreeable to having them disarmed.
Following the lead of an Executive Oder issued by Obama, the Department of Health and Human Services (HHS) is directly violating the federal HIPAA law that was passed by Congress to protect the privacy of medical records. It is releasing the records to the FBI of anyone who has ever told their physician they were feeling depressed, even if never treated, and anyone who has taken certain drugs for things like PTSD, ADD, or ADHD, among others. All of these people will eventually be added to the NICS list.
The Bureau of Alcohol, Tobacco, and Firearms (BATF) is issuing new regulations broadening the definition of people who are mentally ill and dangerous to include anyone, including children from ever legally owning or purchasing firearms because they were ever sent by a judge to be examined by a psychiatrist or psychologist. Unfortunately, such actions are often taken by family court judges when there are divorce and custody battles going on. In the vast majority of cases, there is no finding of mental illness, but under the new BATF regulations that won’t matter. The people will be banned for life from owning a firearm.
Then there are the actions of the Department of Justice (DOJ) threatening banks and credit card companies with investigations and sanctions if they continue to do business with any entity selling firearms or ammunition such as gun stores or pawn shops. This is another case of criminal extortion by the Federal government.
What is next? Will you have to surrender your firearms to keep your social security, or to stay on Medicare? Will you have to certify that neither you nor any of you employees own firearms in order to get a contract with the Federal government? The groundwork is clearly being laid for all of this to happen. After all, we are living in Obamaland.
For weeks I have been talking on my radio show about the fact that there are known Jihadist cells operating across our southern border in Mexico and cells within the United States. These cells are made up of foreign fighters from ISIS and Al Qaeda and they are actively recruiting American citizens and illegal aliens. I predicted that with the wide open borders illegally degreed by Obama we could be attacked in our own country soon and often.
Unfortunately, this past Sunday night it started in Garland, TX when two jihadists attacked a group holding a cartoon contest portraying images of Mohammad. The men were armed with semi-automatic weapons and wore body armor, but the attack was a dismal failure. They apparently forgot that they were in Texas where the police are armed as was not the case during the attack on the magazine in Paris. A single Garland police officer with a pistol took out both of the attackers.
ISIS has claimed responsibility for the attack, but it is questionable that it actually had operational control over the two terrorists, but it certainly inspired them. The attack on free speech in France caused the French people, the media, and people around the world to unite in support of freedom of expression and against terrorism.
That has not been the response in this country to the Garland attack. The President has virtually ignored it with the White House again initially refusing to acknowledge that this was even a terrorist attack much less that it was conducted by radical Islamists. Now Josh Earnest is calling it an attempted terrorist attack, but refusing to mention the Islamic component. The liberals in the media have blamed the potential victims for the attack with MSNBC’s resident village idiot, Chris Matthews vehemently refusing to place any blame on the terrorists or the radical ideology they promote.
In the meantime, it is business as usual with the Obama administration. Questions are being raised about why if one of the dead terrorists, Elton Simpson, had been under FBI and Homeland Security investigation for several years for his attempts to support ISIS he was he able to acquire the weapons and body armor to carry out this attack.
The answer is unfortunately obvious. The priorities of the Obama administration do not have protecting Americans from Islamic terrorism anywhere near the top of the list. In fact, it doesn’t even acknowledge the existence of Islamic Terrorism. The top priority of the Department of Homeland Security is now to fast track some nine million illegals granted amnesty by Obama to citizenship status so they can vote for Democrats in the 2016 election. That is certainly more important than saving American lives, particularly in red states like Texas.
We must remember also that according to DHS, the primary terrorist threat to America comes not from radical Islam, but from U.S. military veterans, supporters of the Second Amendment, and other “right wing” extremists. This attitude will certainly embolden the true terrorists and they will hit us hard, and once again the liberals will claim it’s our fault.
America should be securing our southern border to stop the influx of illegals coming in from not only Mexico and Central America, but from countries like Yemen, Somalia, Syria, etc. We are not doing that. In addition, we should not be bringing in thousands of refugees from these same countries and dumping them in cities around the country without any effort to vet them, yet the Obama administration is doing just that.
We are facing the imminent possibility of a war within our own borders and in response the liberals and our own government are stepping up their efforts to disarm the American people, with veterans being the primary target. Now we have Al Sharpton and other left wing crazies demanding that our local police departments be disarmed.
So, it is clear that the Obama policies do not include protecting us from Jihadists or even violent criminals, particularly if they are here illegally. It is time to lock and load. If you don’t own a firearm, get one. Get as much ammunition as you can, and practice using your weapon. Stock up on emergency supplies and prepare to defend your property and your family.
I will be delighted in a year from now if I can post an apology on this blog saying that I was all wrong, that nothing serious has happened. Unfortunately, I don’t think I will be able to do that and it is better to be safe than sorry. We are still a free people and we need to do what is necessary to stay that way.
Barack Hussein Obama masquerades as the President of the United States when in fact he considers himself Emperor of the World. He took an oath of office to “preserve, protect, and defend the Constitution of the United States” and then began violating that oath as soon as he was sworn in.
In previous articles on my blog I have listed his impeachable offenses and have drawn up legal Articles of Impeachment that are now in the Judiciary Committee of the U.S. House of Representatives. In addition, I have posted an article titled “Aid and Comfort” pointing out how Obama has committed acts that are clearly treasonous under the definition of treason provided in Article 3, Section 3 of the Constitution.
Obama has continuously tried to cover up and explain away his unconstitutional and treasonous actions over the past six years and has been somewhat successful since he has had his minions in the Administration, Congress and mainstream news media providing cover for his lies. However, recently I have noticed that this man is now so emboldened by his successes and the lack of effective opposition that he has changed his game plan and is openly showing the American people and the world his true colors.
This became evident to me when I began looking at Obama’s list of Best Friends Forever (BFFs) and his corresponding list of people and nations not on his BFF list but on his enemies list. So who is on these two lists?
The Iranian leadership. Obama has embraced this Jihadist regime that is the world’s number one supporter of terrorism. It is a nation that vows to destroy Israel and kill all Jews and to further destroy the United States. Yet, rather than defend our country and our allies Obama is preparing to strike a deal that will save Iran’s struggling economy, allow it to continue its support of Hamas and other terrorist organizations, and develop its own nuclear weapons.
The Muslim Brotherhood. This is an organization that has a manifesto calling for the entire world to be forced to live under Sharia law.It publically supports Jihad as a valid method to destroy all non-Muslim nations. Obama has been openly supportive of the brotherhood since he took office. Representatives of the organization are frequently invited to the White House for meetings and even social functions. He has members working in his administration and supported the Brotherhood when they set up a repressive regime in Egypt.
Communist Cuba.By embracing the Castro brothers and their repressive Communist regime Obama is spitting in the face of the millions of Americans of Cuban ancestry who fled to this country over the years. Cuba has been used as a base for operations against our nation by the former Soviet Union and the Communist Chinese. It has also been exporting terrorism throughout Central and South America for years. Now Obama is rewarding this bad behavior.
Communist China. I can’t remember Obama ever saying anything really negative about the lack of human rights in Communist China. Instead, he refers to them as political disagreements with the U. S. and ultimately renders them meaningless. In fact, when Michelle took their daughters to China in March 2014 she had nothing but praise for the Communist regime. Of course the Chinese are also major supporters of terrorism around the world.
LGBT rights groups. According to the mainstream media LGBTs make up over ten percent of the U.S. population. However, a recent study funded by the Federal government puts the figure at less than three percent. Interesting that this has been suppressed. Of course, the truth is irrelevant to Obama, particularly when it comes to his BFFs like the LGBT groups. Obama fully supports their gestapo tactics that are trying to destroy the rights of freedom of religion and freedom of speech of everyone who disagrees with their views.
Illegal aliens. This group is obviously one that Obama adores. They are violating American laws,just by being here, but Obama is using taxpayer dollars to provide them with transport into the U.S. , free housing, education, food, medical care, and a path to citizenship and the “right to vote” for democrats for the rest of their lives. If they don’t, they risk losing all of their free stuff. By the way, ignore the fact that many of the illegals are foreign terrorists, drug cartel members, and violent gang members.That is all part of the plan to bring America to its knees.
Not Obama’s BFFs
Christians, particularly those being slaughtered by Muslims around the world.
Members of the U.S. military and their families..
Gun owners and all others who support the Second Amendment.
Supporters of the Right to Life.
All journalists and anyone else who dares to disagree with him.
Supporters of the Constitution of the United States.
Tea Party members.
Believers in American Exceptionalism.
Believers in a free market economy.
Anyone who supports traditional marriage.
Israel and many other countries allied with the U.S.
If you belong to one of these groups you are on Obama’s enemy list. I am proud to be on all of them.
There seems to be no end to what Obama will when it comes to issuing illegal and unconstitutional Executive orders and government agency actions. In addition to bypassing the specific Constitutional provision that gives the U.S. Congress exclusive control of naturalization and immigration laws, our dictator in chief has gotten the EPA to issue new and more onerous regulations on our energy industry, had the FCC proceed to take control of the Internet, have the BATF ban certain types of firearm ammunition, and change the legal definition of mental illness. This is obviously just the beginning and with most of the Democrats in the Senate behaving like good little drones and marching in lockstep with him the Congress seems powerless to stop him.
We have some successes in the Courts such as the recent decision by a Texas Federal Judge declaring the amnesty order unconstitutional, but Obama has shown his willingness to ignore this separate but equal branch of the Federal government also. That is exactly what happened with the FCC action on the Internet which was done despite the fact that the U.S. Supreme Court has clearly ruled that the FCC has no legal authority to regulate the Internet.
There is no question that we at the United States Justice Foundation we will continue to wage court battles at every level, and we all must keep the pressure on Congress to do what it can. However, we are fighting for the very survival of our freedom so I think we need to take our battle to a new level. We need to follow the path of our founding fathers and start using nullification to stop the advance of tyranny.
The Declaration of Independence is clear in its language when it states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty sand the pursuit of Happiness.-That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, - That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute a new Government laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
The Declaration goes on to enumerate the offenses committed by King George that justify the action being taken. I encourage everyone to go back and read the Declaration. You will find that many of the things happening to the American people under the control of King George are remarkably similar to what is happening now under King Obama.
The Declaration of Independence is the ultimate act of nullification. It clearly states the fact that Americans are not subjects, but a free people and we control the government, it does not control us. The Constitution was designed to form a government with limited powers and the Bill of Rights was passed to make it clear that there were rights that belonged to the people and the states and were not subject to government interference.
Now it is time for we the people to take back our country by getting our state and local governments to stand up to the Federal government and say that they will not allow the enforcement of unconstitutional laws, rules, or regulations in our states, counties, or cities. One of the key elements in this requires our demanding that our elected and appointed government officials abide by their oath of office that requires them to protect and defend the Constitution of the United States.
I work with one group that is already making this happen. The Constitutional Sheriffs and Peace Officers Association (CSPOA) run by former Arizona Sheriff Richard Mack has adopted a resolution that says that its members and signers of the resolution will not enforce unconstitutional laws in their jurisdictions and will not allow Federal officers to enforce the laws. Last year I posted an article titled “A Line in the Sand” on my blog detailing this action and providing the following link to the declaration http://cspoa.org/cspoa-jan-2014-resolution/ Everyone reading this should send a copy of this resolution to local law enforcement leaders and encourage them to make the commitment to uphold the Constitution.
Another form of nullification is jury nullification. The founding fathers wanted to protect Americans from the excesses of corrupt judges appointed by the King that would ignore the law and convict people of crimes that they had not committed or that were not crimes at all. Therefore the founders set up the jury system and implicit in that process is the ability of the jury to make the determination of guilt or innocence. If a jury believes the government is trying to convict someone under a law that is unconstitutional they can vote to acquit despite what the judge may instruct them to do.
With Obama and his fellow elitists working hard to push “political correctness” to the point that the exercise of freedom of speech, freedom of religion, freedom of the press, and the right to keep and bear arms become criminal acts, jury nullification will become increasingly important. Tyranny can only be defeated if we the people follow the example of our founders and stand up to a runaway and lawless government.
The Constitution of the United States provides a specific definition of treason against our nation. Article 3, Section 3 of the Constitution states: “Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them Aid and Comfort.” This has been legally interpreted as meaning that any action that seeks to strengthen our country’s enemies or weaken our ability to defend ourselves against our enemies can be classified as treason. This can be direct support for the enemy or even an attempt to provide support.
There is no question that the enemy that we face and many other counties face is Islamic Jihad. It has manifested itself as Al Qaeda, the Taliban, ISIS, and other groups that promote the radical Islamic agenda of destroying or subjugating every country in the world to the Muslim religion. It is a religion that condones placing women in slavery, outlawing basic human freedoms, and killing its opponents in barbaric ways.
The following is a factual listing of the actions of the person who is masquerading as the President of the United States. You can decide for yourself if any or all of these fit the definition of treason by providing aid and comfort to the enemy.
Since taking office in 2009, Obama has had numerous known terrorists released from Guantanamo Bay, some without the prior notice to the members of Congress required by law. This includes the release of five top Taliban leaders in exchange for an Army deserter Bowe Bergdahl. At least one of these Taliban leaders is back in action with the Taliban and many of the other released terrorists have rejoined the Islamic Jihad against America.
Has openly supported the Muslim Brotherhood since he took office. He has supported it in the Middle East and appointed active members of the brotherhood to his administration including to sensitive positions in the Department of Homeland Security. The Muslim Brotherhood has a manifesto that openly calls for the imposition of radical Sharia law on the entire world and the destruction of all other forms of government and law.
Obama withdrew American troops from Iraq without leaving any forces behind to help secure the country, as was requested by the Iraqi government. This created a vacuum that has been filled by ISIS and affiliates of Al Qaeda.
Obama imposed rules of engagement on American troops in Afghanistan that limited their ability to be effective both offensively and defensively and led to the unnecessary deaths of American soldiers.
He refused to call the massacre of American soldiers at Ft Hood by Major Nidal Hasan, a committed Islamic fanatic, a terrorist attack, but labeled it as an act of workplace violence.
Obama released the identity of Seal Team 6 and that they had killed Bin Laden. Many people believe that this led to the deaths of many team members in Afghanistan.
Obama deliberately lied about Al Qaeda being decimated when he was aware it was getting stronger.
He covered up for weeks the fact that the slaughter of Americans in Benghazi, including the U.S. ambassador to Libya, was a terrorist attack despite the fact that the White House knew from the beginning that it was. He then refused to allow any rescue operations to be launched.
Has unilaterally eased sanctions on Iran after cutting a temporary deal that is favorable only to Iran. He has continued to allow Iran to kick a final deal down the road and they can continue to enrich uranium during these delays. That will allow them to build an operable nuclear bomb within a few months. Iran is also being allowed to acquire and test missiles that can be used against Israel, targets in Europe, and even U.S. targets.
He has seriously damaged our relationship with our allies and by allowing the release of sensitive intelligence information has seriously damaged our ability to get intelligence about possible attacks on Americans around the world.
Obama has opened our southern border so that criminals and terrorists have easy access to our country.
Obama also refused to acknowledge the threat of ISIS for over a year, even after being briefed repeatedly on the rise of ISIS.
Once he was forced into taking action against ISIS, it has been weak and mostly ineffective, with Obama micro managing our airstrikes so that many of the targets are empty buildings and vehicles.
Now he has made a speech asking the Congress to give him authority to fight ISIS, but has broadcast his intentions to the enemy that the actions will be very limited and not an all-out effort against the Islamic terrorists. Of course, he also still refuses to acknowledge that Al Qaeda and ISIS are in fact forces of Islamic Jihad.
He has minimized the brutal actions of ISIS by equating the Christian Crusades of a thousand years ago to what ISIS is doing now to innocent Christian men, women, and children as well as other Muslims who resist their radical views.
He held a secret meeting in the White House with Muslim leaders including some with direct contacts with terrorist organizations.
In my opinion, this is much more than political correctness run amok. The actions described above are those that clearly provide aid and comfort to the enemies of not just the United States, but to the entire free world. Let me know what you think.
I have reported on this blog that as Executive Director of the United States Justice Foundation I worked with one our media partners to file four Freedom of Information Act (FOIA) requests to four U.S. government agencies. These four agencies are the Veterans Administration (VA), the FBI, the Department of Homeland Security (DHS), and the Department of Defense (DOD). We were asking them for documents concerning veterans’ issues, including the declaring of veterans to be incompetent to handle their own financial affairs, being told that because of that they can no longer own firearms, and often having a stranger they have to pay appointed to handle their financial affairs.
The requests also asked for documents from the FBI regarding their refusal to remove veterans from the National Instant Criminal Background System (NICS) list even after the veteran gets the incompetency ruling reversed, why the DOD uses independent contractors to declare veterans incompetent with virtually no opportunity for the veterans to respond, and why the DHS lists all veterans as potential domestic terrorists.
On August 26, 2014 we sent out these requests by certified mail and received the notices from the post office that they had been received. We received no answers to our requests except acknowledgment of receipt and in the case of DHS a letter saying they would give us nothing because they knew nothing. As a result of this I requested that I be sent the copies of the returned receipts and other documents so we could prepare to file a suit against the four agencies. However, on September 16th it was found that all of the documents had been stolen from the media office and the originals of the requests had been erased from the hard drive of the computers.
We refused to be intimidated and immediately sent out new requests by certified mail. Over three months later we have received our first response and it is from the VA. We are veterans asking for information on behalf of other veterans about the fiduciary program. The response is a two page letter that essentially tells us that the VA will provide us with nothing. In other words, veterans are not entitled to know how the decisions that adversely affect their lives are made.
The letter from the VA claims that all the documents we requested are exempt from the FOIA because they are still in the deliberation process and no documents have been finalized. This is false because the fiduciary program has been around for many years and has recently come under increasing fire from veterans and veteran organizations. A program like that has to have training manuals etc. that were finalized many years ago. The obvious conclusion is that the VA is lying to cover up the abuses we suspect are occurring in the program. These abuses are robbing veterans of their money, their dignity, and their Constitutional rights. We will be immediately filing an appeal of the refusal of the VA to answer questions they are legally required to respond to.
By the way, the other Federal agencies mentioned above have refused to respond to us at all, so legal action will be taken against them also. At the USJF we have been fighting to protect the Constitutional rights of Americans for over 37 years and the Obama administration is about to learn what many people already know. We do not get intimidated and we do not go away quietly, in fact, when it comes to the rights of Americans we do not go away at all.
It is official. 2015 is the year that progressives will make an all-out push to quash the Second Amendment and disarm the American people. I have been reporting on my blog for the last several years about the ground work that has been laid including the escalating efforts to disarm our veterans, the issuing of illegal Executive Orders by Obama to limit gun rights, the movement to get individual states to pass and enforce unconstitutional limits on gun ownership, and the signing of the UN Small Arms treaty.
Now they are ready to make their move and I predict it will consist of a number of assaults on the American people. In fact, some of them are already in the works:
- The DOJ is floating the claim that the UN Small Arms Treaty is now the law of the land despite the fact that it has never been submitted to the U.S. Senate for ratification by a two thirds majority as required by the U. S. Constitution. This means that Obama plans to enforce the provisions of the treaty without ratification and despite the fact that in 1957 the Supreme Court ruled that no treaty, even if signed by the President and ratified by the Senate can override the protection of individual rights guaranteed to Americans in the Constitution.
- Obama’s enforcement of the UN treaty will include prohibiting the importation of firearms or replacement parts from other countries into the U.S, and providing a list to the UN of all American gun owners, importers, and exporters. In order to legally facilitate this, Congress would have to repeal the ban on funding of a national gun registration. However, I believe Obama plans on doing this by another illegal and unconstitutional Executive Order.
- To continue and escalate the effort to disarm American veterans. The private medical records of veterans are being turned over illegally to the FBI so that they can be put on the NICS list of people who cannot legally purchase firearms because of mental illness. However, mental illness of these veterans is based on minor PTSD, suffering from minor depression, or even letting their spouses pay the family bills. There is no adjudication of mental illness to the point of being a danger to themselves or others as required by law.
- Veterans are also being required to tell the VA if they own firearms, how they feel about the federal government and/or the Obama administration and in some cases forced to submit to a strip search to determine if they have any “radical tattoos”. No definition of what constitutes a radical tattoo is provided.
- Obama has by an illegal and unconstitutional amendment to the Affordable Care Act overridden the prohibition on doctors to question their patients about gun ownership. Obama has called on pediatricians to question children about whether their parents have a gun in their home. Just recently I have also learned that seniors newly enrolling in Medicare are being required, when they go to a doctor for a routine physical, to take a test to determine if they are showing signs of Alzheimer’s disease. The questions include repeating a sequence of numbers and letters and other memory type questions and then there is the question about whether they own a firearm. Obviously, this information is then sent to the Federal government.
- Obama has also issued an Executive order that is being enforced by new HHS regulations that virtually set aside the HIPP law that protects the privacy of medical records. Under these new regulations, if your records contain anything indicating you have ever been depressed, had PTSD or taken certain medications your records will be turned over to the FBI and you will be put on the NICS list. This will apply to everyone, not just veterans.
- Obama also has the Bureau of Alcohol, Tobacco, and Firearms changing the definition of mental illness to provide that anyone can be declared mentally ill to the point of being a danger to themselves or others for any reason without an adjudication of any kind, and therefore can be prohibited from owning firearms. This is already happening in states like New York that have adopted similar laws and regulations. A citizen of New York has been declared mentally ill and had his guns seized because he was seeking treatment for insomnia.
- In the meantime, we have a Republican Senator casting the deciding vote to confirm Obama’s appointment of a Surgeon General who believes that gun ownership constitutes a health threat. We have the EPA moving to control the manufacture of ammunition because it claims that the use of lead in ammo produces a threat to the environment.
- The Department of Justice will continue its campaign to force banks to deny loans and even bank accounts to firearms dealers and will continue to harass them in other ways to force them out of business.
In other words, multiple resources of the Federal Government and some state governments are going to be used to take our firearms, but we can and must fight back. As the Executive Director of the United States Justice Foundation (www.usjf.net) I plan on taking the following actions to:
- Contact members of the U.S. Senate and urge them to refile the “Veterans Second Amendment Protection Act” that will stop the efforts of the VA to disarm America’s heroes. This law was previously defeated by Democrats in the Senate.
- Continue our representation of individual veterans in their fights to reverse declarations that they are incompetent to handle their own financial affairs and cannot own firearms. We have won some recent victories in this effort.
- File suits against the VA, FBI, DHS, and DOD to force them to comply with our Freedom of Information Act requests to gain documents about the attacks on veterans by these agencies.
- Continue our involvement in lawsuits against states that are implementing and enforcing unconstitutional gun control laws.
- Offer our support to any members of Congress who file suit against Obama to stop his use of illegal Executive Orders to implement gun control and other unconstitutional actions.
- Continue to support the Constitutional Sheriffs and Peace Officers Association (CSPOA) in their efforts to recruit law enforcement leaders around the country to pledge that they will not allow unconstitutional laws or regulations to be enforced in their jurisdictions.
This has become a Christmas tradition for me and some of you have seen this post before, but it is that time of year when I start thinking about the importance of friends and family and why I should be thankful for the country I live in. It is also the time when I think about those fellow Americans who have stepped forward in the past and the present to place their lives on the line so that the rest of us can celebrate this holy season in freedom and peace.
The true story below is about my father and a Christmas seventy ago. I wrote it many years ago and it has been reprinted and put on websites around the world. You can read the full story in my book “The Mortarmen” I offer this story once again to honor our heroes of yesterday, today, and tomorrow. Come to think of it, this story is really about all of them because it epitomizes who and what they are.
The frigid night air cut through the Lieutenant’s army issue coat as the stopped in the knee deep snow to survey the perimeter. A heavy snow continued to fall on this Christmas Eve 1944, but it was not a silent night. The flashes of artillery lit the sky and generated a rumble like distant thunder as the young officer finished his tour of the unit’s outposts. He was an officer in Company B, 87th Chemical Mortar Battalion, the men who fired the big 4.2 mortars which were so critical to the effort of the infantry to advance. They were someplace in Belgium, he really had no clue where, and for the first time in a while the battalion was together again. All four companies had been brought in to help stop the German breakthrough. They didn’t know it, but the 87th was about to be thrown right into the heart of the Battle of the Bulge.
As the Lieutenant finished his rounds he wearily dragged himself into the monastery where the command had taken refuge for the night. The warmth that enveloped him as he entered the large community room was certainly welcomed. He glanced around and saw his comrades sprawled in every available space. They were bedraggled and exhausted after 201 days of almost continuous combat, and by the looks on their faces you could tell that it was only going to get worse. Despite the thickness of the monastery walls, a new sound intruded, the quick crack of tank gunfire.
Everyone knew what that meant, American tankers were making a last ditch stand against the German armored columns in the area. They were outnumbered and outgunned and their Sherman tanks stood no chance against the awesome German Tiger tanks, but they fought anyway. When the battle ended, and it would before dawn, then the 87th became part of the last American line of defense. The war hung in the balance, and so did the lives of everyone in the ancient house of God.
The Lieutenant found a place to sit against one wall and sank down in exhaustion, gratefully accepting the wine, bread and cheese being offered by the monks. In the corner of the room, a soldier fiddled with the dial of a radio, finally picking up the armed forces station. Christmas carols filled the room, but only added to the loneliness. Then as, the sound of the tank battle increased in intensity, a new song started on the radio, Bing Crosby singing "White Christmas."
For the Lieutenant the song immediately invoked memories of the sights, sounds and smells of Christmas on the farm in Mason City, Iowa and of how far away he was from those he loved. He could not help himself, the tears began to flow and embarrassed, he glanced around the room to see if anyone had noticed. His eyes fell first on the Company Commander, Captain J.J. Marshall, one of the toughest men the Lieutenant had ever known. The Captain sat ramrod straight, unashamed, as tears streamed down his stubbly cheeks. It was universal that night, strong men, the bravest of the brave, cried over a Christmas carol, and over the homes many would never see again.
As dawn broke the next morning, Christmas Day, the battalion was again split up with Company B assigned to take up mortar positions in support of what was left of the 289th infantry, 75th Division, and defend a Belgium village called Sadzot, a key location in the thin American defense line. For three days they fired their mortars in support of the hastily assembled defense units, and then disaster struck. Early in the predawn hours of Dec. 28th enemy elements of the 12 SS Panzer Division, the infamous Hitler Jugend, broke through the infantry lines and overran the mortar position.
They hastily assembled all of the men they could, and the mortarmen fought a delaying action, fighting hand to hand and house to house against overwhelming numbers. As the fighting retreat continued, they men of company B were joined by remaining elements of the 509th Parachute Battalion which had formed a new defensive position north of the village. There they held until reinforced and then joined a counterattack which retook the village, and recaptured six of their nine mortars and most of their vehicles.
It was later learned that this makeshift force of Americans had successfully stopped a major attack by German troops designed to capture a major highway intersection which would have broken the American line. No one has ever been able to tell me how they won. History recorded it as a classic situation where the attacking enemy held all of the advantages, yet was stopped by the cold determination of a hand full of defenders on the verge of physical and mental collapse. Somehow, they emerged victorious, with Company B reporting almost half of its men killed, wounded, or missing.
For his actions during the defense of Sadzot the Lieutenant and the other men of the company received both the French and Belgium Croix de Guerre medals. I know the story of that lonely Christmas Eve and the ensuing days from my Father’s diary. He was the young Lieutenant, Roy E. Connelly, Co. B. 87th Chemical Mortar Battalion. He would read that story to us on Christmas Eve every year until his death in 1987, and then I took over the job with my children.
He never read it without crying over the friends he lost during that Christmas season of 1944, and to this day, I can not read it or even write about it without the same reaction. What was done during that six day period by the men of Co. B and the other companies of the 87th, who also held the line, surpasses the ability of most of us to comprehend. They fought for each other, and they fought for us. We must never forget.
FOR MY DAD, AND THE MEN OF THE 87TH
It is just a matter of days before Barack Hussein Obama uses what he claims are his “executive powers” to grant amnesty to millions of people who have violated the laws of the United States and entered this country illegally. Even for a President of the United States who almost daily violates the Constitution and his oath of office to “preserve, protect, and defend” that same Constitution, this action will be the most blatant yet.
In fact, the President has no authority at all over the immigration laws in this country. In Article 1, Section 8 0f the Constitution it states that the Congress shall have the power to “establish a uniform Rule of Naturalization….” That simply means that the Congress will decide how people from other countries can become U.S. citizens and of course that includes how they can legally enter the country in the first place. This has been confirmed by the U.S. Supreme Court.
On the other hand, Article 2, Section 3 of the Constitution says that the President “….shall take care that the Laws be faithfully executed….” The key word is shall because that means that no President has the right or the power to refuse to enforce the laws, amend the laws, or make laws on his own. Yet, Obama is about to issue an executive order that does all of those things.
The consequences will be horrendous for the American people. Billions of taxpayer dollars will be spent to provide free housing, food, medical care, and education to not only to the illegal aliens granted amnesty, but also for the tens of thousands more who will be coming into the country because they will know that will be not be hindered or deported. The infrastructures of American cities and towns will be overwhelmed and American citizens will see scarce jobs going to non-citizens.
None of this concerns Obama. He knows the American people overwhelmingly oppose this action and that is part of the reason they voted against Democrats in the recent election. Unfortunately, I believe that is one of the primary reasons he is going forward with this illegal and unconstitutional action. We are dealing with a narcissistic, egotistical, elitist who is furious over the fact that Americans are finally waking up to what he is doing to our country.
Therefore, he is intent on punishing us for failing to blindly follow his vision of destroying our Constitution and turning us from being a Constitutional Republic to a socialist “paradise” where Obama and his fellow elitists will strip us of our freedoms and control our actions and even our thoughts. Amnesty will be the first of many such punishments Obama plans to inflict on us. He has already ordered the FCC to start regulating the internet to control free speech, despite the fact that the U.S. Supreme Court has ruled that the agency has no authority over the internet. He is also having the EPA issue thousands of new regulations that will cripple American businesses, cost thousands of jobs, and severely damage our economy. That is just the beginning.
I have prepared and sent to Congress formal articles of Impeachment of Obama which I have also posted on this blog. We have confirmed that members of Congress have referred these articles to the House Judiciary Committee for consideration. The granting of blanket amnesty by Obama should be the final nail in the coffin of impeachment. If the new Congress does not act, Obama will continue his path of destruction unabated, and we will lose our country.
As an officer in the Military Intelligence branch of the Army, I was trained to find out everything I could about the enemies of our country including their location, capabilities, probable tactics, and their strengths and weaknesses. This information was then provided to commanders in the field who determined the strategy and tactics to use to defeat them.
Today’s Military Intelligence officers and field commanders are doing the same thing, but they have a major problem. The Commander in Chief of the U. S. military is the President of the United States who has no military experience, and has shown himself to have nothing but utter distain for the members of our military. He has refused to accept their recommendations on how to defeat Al Qaeda, the Taliban, and now ISIS.
He doesn’t even go to most of the intelligence briefings that are prepared for his benefit, and has decided to take personal command of the fight against our most dangerous enemy yet, the brutal jihadists that make up ISIS. He has publicly promised the American people and the world that his purpose is to degrade and ultimately destroy ISIS, but will not allow our military to take the action necessary to accomplish either of those goals.
By personally controlling the air campaign Obama has ordered very limited strikes, mostly at night, against vacant buildings, parked and empty vehicles, grain silos and a few oil fields. As a result, minimum damage has been done to both equipment and enemy capabilities, and the President seems to want to avoid killing ISIS soldiers.
The air campaign has now been going on for 60 days, but less than 400 air strikes have actually been launched, and Obama has repeatedly assured the enemy that no American ground forces will be used against them. So we are averaging six air strikes per day; that are not even slowing down the jihadists forces. They continue to advance on Baghdad and will soon take the Syrian city of Kobani where the Kurds are fighting to keep the city from falling and prevent another ISIS massacre of innocent civilians who are not devoted to the Jihadists version of Islam.
It is clear that the President has no intention of defeating or degrading ISIS. He has other priorities such as purging the American military of thousands of combat trained and ready U.S. citizen soldiers and replacing them with illegals that may not even speak English and have no loyalty to the country. He is also busy granting illegal amnesty to people that have broken our laws by crossing our border, which Obama has made sure is open to all comers, including gang members, potential terrorists, and children carrying diseases that are paralyzing and killing American children.
Of course we can’t ignore his other priorities, such as assuring the American people that the beheading of a grandmother in Oklahoma by a recent convert to radical Islam was an act of “workplace violence” and not an act of terrorism by a member of a “peaceful religion.” Then there is his golf game, and attending fund raisers for Democrats in the fall election.
All of this leads me to the conclusion that the so called ISIS strategy in one of defeat, but not of ISIS. It is designed to fail leaving Americans and people all over the world vulnerable to continuous attack. Obama is not acting as our Commander in Chief or even our President. In fact, we still have no idea who he really is.
On February 20, 2013 I wrote and posted the first article on my blog titled “Disarming America’s Heroes” detailing what was happening to veterans who were being denied their Second Amendment and Fifth Amendment rights. It was reposted on many websites and within a few days attacked on Michelle Malkin’s blog called “Twitchy”. The article attacking my article was posted anonymously by someone using the handle “GothGuy” who claims to be a former Veterans Advocate.
He basically claims that my article is totally inaccurate and misleading and that no veterans are losing their Second Amendment rights. It is in fact his claims that are totally inaccurate. For example, he makes the following statement “What he (the author) has written is misleading on a couple of points (actually, more than a couple). Not just ‘someone in the VA’ can declare a veteran incompetent, the veteran must be diagnosed by a doctor as incompetent during an examination”
In fact, virtually none of the veterans we are representing at the USJF have ever had such an examination by a doctor, and certainly not by a psychiatrist or a psychologist. They may have been diagnosed with having PTSD, but that is not classified as a mental illness and certainly doesn’t make someone incompetent to handle their own financial affairs, or incapable of owning a firearm.
The anonymous writer then goes on to state: “Further, the author cites the 5th Amendment, well, again, it’s misleading the way he wrote this. The veteran is free to submit evidence, request a pre-determination hearing before being declared incompetent to handle his or her affairs, and trust me, I have participated in those hearing many times over 16 years, and have won virtually all of them prior to the final determination. No 5th Amendment rights are violated.”
In fact, this comment proves the very point I made in my article. The due process clause of the Constitution requires the government to prove that someone is guilty or in this case incompetent. Yet, what the writer states is that the veteran bears the burden of proof at his or her own expense to prove that they are competent. There are numerous other inaccuracies in this article but the bottom line is that this anonymous writer is clearly defending the illegal actions of the VA.
What is even more disturbing to me is that within a few days of the appearance of this attack on a conservative website, the article was posted on a blog sponsored by the American Legion called “Burn Pit”. The person who posted it is named Mark Searcy and he not only endorsed the comments of the writer, but added his own inaccurate comments like: “A lot of well-meaning folks are sending me links to this piece at "Red Flag" news about how the VA is trying to confiscate the guns of people with PTSD. It's not entirely accurate.”
Unfortunately, it appears that Mr. Searcy either did not read my original article or has distorted what it says. It dealt with veterans losing their second amendment rights for numerous other reasons than just PTSD. He concludes his comments by stating: “So here's the real deal....yes, it is happening, but only to people who are adjudicated as being mentally incompetant for purposes of handling their financial dealings. It isn't everyone with PTSD, everyone at 100 percent disability, or anything of the like. If there is someone out there who has been adjudicated incompetant, and is worried about being added to the NICS list, contact us immediately so we can help you.” (The misspellings of incompetent are his, not mine)
As I clearly point out in my article, there is no legal adjudication involved, and Mr. Searcy seems totally uninterested in the fact that these veterans are losing their right to own a firearm and being put on the FBI National Instant Criminal Background Checklist. Yet there are thousands of veterans who have lost their right to own a firearm who have not been adjudicated to be “mentally defective to the point of being a danger to themselves or others.”
It is obvious that neither Mr. Searcy nor the person known only as GothGuy have never talked to any of the veterans I have nor have they talked to the VA whistleblowers who have provided me with confirmation of the information in my articles. Yet, this anonymous article was posted on a conservative website, picked up and amplified on an American Legion website and is now being forwarded to veterans all over the country.
Ironically, I am a lifetime member of the American Legion and a past post commander, yet no one at the Legion ever contacted me to give me a chance to show the evidence we have accumulated and verify that everything I have said is true. Our veterans deserve better.
On August 26, 2014 I posted an article on my blog titled “Homeless Vets to Remain Homeless” in which I provided more details about the all-out assault by the Federal government on the Constitutional rights of our military veterans. Toward the end of the article I stated that at the United States Justice Foundation (USJF) we were preparing four Freedom of Information Act (FOIA) requests to four Federal agencies. The agencies are the Veterans Administration (VA), the Federal Bureau of Investigation (FBI), the Department of Defense (DOD), and the Department of Homeland Security (DHS).
I prepared the language of the four requests and forwarded them to one of our media partners to submit on their letterhead in the hope that this would expedite the responses from the agencies. What has happened since has been truly frightening. To begin with all requests were sent by certified mail. The signed green cards were returned from all four agencies confirming that they had received the requests.
Responses were received from all four agencies basically saying that they would get back to us. However, in the case of DHS they said they didn’t know the answers to the questions and referred us to the FBI. It was becoming clear from the lack of response that we would need to consider filing suit to get the information just like we had to do with the original VA FOIA request months ago. In order to prepare for that possibility I asked our media contact to send me all of the originals of the documents including the returned receipts.
He went to his office on Saturday to mail the info to me and the file where it was kept was completely empty. He searched the office and everything is gone that would allow us to prove that the agencies received the requests. In addition, the letters containing the requests were deleted from his office computer. There was no sign of forced entry and nothing else was missing from the office. This was obviously done by professionals and the FOIA requests information was the sole target.
This whole thing is bizarre but we will send out new requests. Obviously, this was done to try and intimidate us and delay our filing of a suit to get the requested information. We hit a nerve with something in one or more of the requests. It certainly generated an attempt to sabotage our efforts to protect our veterans.
Below are the bodies of the four requests and let me know if you think that anything jumps out as dangerous enough to the administration and/or its supporters to trigger this type of criminal reaction. (FLASH! As I am preparing this article for posting I received notice that there was a second break in of the media office on Monday night. Same MO, but this time it appears that while they were looking for something there is nothing missing. However, the tech people are double checking the computers.) The police are as baffled as are we.
Here are the FOIA requests:
I request that a copy of the following documents (or documents containing the following information) be provided to me:
All documents including, but not limited to, internal memos, emails, and training documents relating to the use of independent contractors to determine the competency of veterans and/or active or reserve military personnel to handle their own financial affairs.
All documents, including contracts and/or other agreements with independent contractors relating to the use of independent contractors to determine the competency of veterans and/or active or reserve military personnel to handle their own financial affairs.
All documents relating to rules and/or regulations for independent contractors to follow when considering the competency of veterans to handle their own financial affairs.
All documents relating to the compensation of independent contractors hired by the VA to determine the competency of veterans to handle their own financial affairs.
All documents, including, but not limited to, internal memos, emails, and training documents relating to the appointment of fiduciaries to handle the financial affairs of veterans determined to be incompetent by the VA.
All documents, including, but not limited to internal memos, emails, contracts, and training manuals relating to the appointment of any current or former VA employees to act as fiduciaries for veterans declared incompetent to handle their own financial affairs.
This is a request under the Freedom of Information Act.
I request that a copy of the following documents (or documents containing the following information) be provided to me:
All documents including, but not limited to, internal memos, emails, and training documents relating to the placing of military veterans on the National Instant Criminal Background Check System (NICS) list who have been declared incompetent to handle their own finances by the Veterans Administration.
All documents including, but not limited to, internal memos, emails, and training documents relating to the removal of military veterans from the NICS list when a VA declaration of incompetency has been reversed either administratively or by court order.
All documents including, but not limited to any memos or agreements between the FBI and the VA regarding the placement and or removal of military veterans from the NICS list.
All documents including, but not limited to, internal memos, emails, and training documents regarding the assisting of veterans in getting their 2nd Amendment rights back, and being removed from the NICS list.
I request that a copy of the following documents (or documents containing the following information) be provided to me:
All documents including, but not limited to, internal memos, emails, and training documents relating to the placing of military veterans or active military personnel on the National Instant Criminal Background Check System (NICS) list who have been declared incompetent to handle their own finances by the Department of Defense, the Veterans Administration, or any independent contractors hired by the DOD, or the Veterans Administration.
All documents including, but not limited to, internal memos, emails, and training documents relating to the use of independent contractors to determine the competency of veterans and/or active or reserve military personnel to handle their own financial affairs.
All documents, including contracts or other agreements with independent contractors relating to the use of independent contractors to determine the competency of veterans and/or active or reserve military personnel to handle their own financial affairs.
All documents relating to rules and regulations for independent contractors to follow when considering the competency of veterans to handle their own financial affairs. This specifically includes deadlines given for veterans to respond to the independent contractors allegations of incompetence.
All documents including, but not limited to, internal memos, emails, and training documents regarding the placing of U.S. military veterans on the Department of Homeland Security list of potential domestic terrorists.
All documents including, but not limited to, internal memos, emails, and training documents regarding the placing of military veterans on the National Instant Criminal Background Check System (NICS) list, and the cannot fly list.
All documents including, but not limited to, the legal or other criteria justifying the placing of U.S. military veterans on the department of Homeland Security list of potential domestic terrorists.
A final note to my fellow veterans. If this keeps up, my buddy and I, who is also a veteran may need someone to watch our six.
There are an estimated 130,000 to 200,000 U.S. Military veterans homeless on any given night. These are America’s heroes who fought for us and our freedom and they don’t have a place to live. But, fear not, the Obama administration has a message for our homeless veterans; “drop dead”, we have illegal aliens that need to be housed.
As a result, there are several thousand illegals being housed at Lackland Air force Base in San Antonio at a cost to U.S. taxpayers of one half million dollars per day. However, apparently these accommodations are not sufficient for people who have willingly violated our laws. ICE is converting one of its buildings in San Antonio to suites to house over 350 illegals. These suites will reportedly include flat screen televisions and free WIFI.
So our homeless veterans will remain homeless and unfortunately under assault in other ways. Veterans are still being declared incompetent to handle their own financial affairs at an accelerating rate. The VA and the Department of Defense (DOD) are dropping any pretext of fairness and are not using legitimate reasons for making the declaration. I am hearing from more veterans who are being declared incompetent for the sole reason that their spouses are handling the family finances.
Once the declaration is made the veterans names are sent to the FBI that places them on the National Instant Criminal Background checklist (NICS) on the basis that because they are incompetent to handle their own financial affairs, they are therefore” mentally ill to the point of being a danger to themselves or others.” The determination of this status is not made by a psychologist or psychiatrist and there is no adjudication process as required by law. Eric Holder has decreed that any Federal employee, including independent contractors can declare a veteran mentally ill. Once that happens, the veteran can no longer purchase, own, possess, or transport firearms. If they do, they can be charged with a felony.
There is no due process for the veteran as is required by the Fifth Amendment to the U.S. Constitution. The burden is on the veteran to prove he or she is competent and not mentally ill. The veterans can appeal, but at their own expense and we at the United States Justice Foundation (USJF) are being hearing from veterans that they are often told that if they do exercise the right to appeal their financial benefits will be suspended until the appeal is resolved, which may take up to two years. This is extortion by the Federal government.
It gets worse; the FBI is doubling down on the denial of due process because on those rare occasions when veterans win their appeals and have the incompetency ruling reversed, the FBI is refusing to take them off the NICS list and telling them they still cannot own a firearm.
The DOD has also gotten into the act and is hiring outside independent contractors to declare veterans and even active duty personnel incompetent and deny them their Second Amendment rights. When the VA sends a letter to veterans telling them that they are about to be declared incompetent they are given 60 days to respond. This is apparently two long for the DOD because I have seen notices from the outside contractors to veterans giving them only 5 days to respond.
When we started working on this issue 18 months ago there were over 159,000 veterans on the NICS list and we estimated that over 99% of them did not belong there. Now, with the accelerated pace being pushed by both the VA and the DOD we believe the number may be close to 200,000 veterans on the NICS list. We have filed Freedom of Information Act Requests with the VA, DOD, FBI, and Department of Homeland Security to get information on the procedures and alleged justification they are using to disarm our veterans and to date have received no documents or information. We will be filing suit against all of these agencies if they fail to respond, as well as preparing complaints on behalf of individual veterans to get this stopped. Protecting our veterans must be a top priority!
On Feb 20, 2014 I posted formal Articles of Impeachment of Barack Hussein Obama on this blog and sent copies to members of Congress. We have now confirmed that at least one, and possibly more, members of Congress have submitted the articles to the House judiciary Committee for consideration. Since a lot has happened since February I have prepared a third article that is posted here. Please feel free to forward this to your representative in Congress.
(1) Article 2, Section 2 of the Constitution establishes the President as Commander in Chief of the United States Military. This requires him to use his power and authority to oversee the proper use of the military to properly protect and defend the people and territory of the United States against all enemies, both foreign and domestic. He is further responsible for using the U.S. military in a manner that is effective and protects members of the military and takes proper care of veterans.
The President takes an oath of office that encompasses these duties. Barack Hussein Obama has consistently violated these duties and violated his oath. Specific actions include, but are not necessarily limited to:
A. Imposing Rules of engagement on the active military in war zones that have unnecessarily endangered the lives of American soldiers.
B. Allowed the leaking of classified information about U.S. military operations to the media in order to enhance his political image. Such leaks place the lives of U.S. soldiers in danger.
C. Despite being informed in 2009 of problems in the Veterans Administration involving treatment of veterans, took no action improve the situation, but instead ordered the VA to spend a major part of its budget on green energy projects at VA facilities instead on veteran care.
D. Endangered the lives of members of the American military and American civilians by negotiating with terrorists to trade five high level Taliban leaders in exchange for an American soldier who deserted his post and his fellow soldiers. In addition, he did the foregoing action in violation of Federal law since he did not provide the legally required thirty day notice to members of Congress of his intent to release prisoners from Guantanamo Bay.
E. Continues to refuse to enforce immigration laws passed by Congress in violation of Article 2, Section 3 of the Constitution, and further has used illegal and unconstitutional Executive orders to grant amnesty or de-facto amnesty to illegal aliens currently in the United States.
F. Has deliberately destroyed the morale and effectiveness of Border Patrol agents by interfering with their attempts to fulfill their oath of office and enforce laws legally passed by the U.S. Congress.
G. By his deliberate actions encouraged parents of thousands of children in Central America to send their children, often unaccompanied by adults, across the U.S. border and then asking for billions of taxpayer dollars to care for these children.
H. Ordered the Border Patrol and Department of Homeland Security to place thousands of these children on buses or planes and dumping them in communities around the country; often without any prior notifications to the local elected officials in these communities.
I. Allowed the TSA to let these children, as well as possible teenage gang members and unidentified to fly in U.S. Airlines at taxpayer expense without proper identification required by Federal law.
J. Has refused to respond to lawful requests by Governors of the southern Border States to close the Southern border to any further illegal immigration and has created a severe financial crisis for Border States and other states in order to advance his own political agenda.
K. Has ordered the release of thousands of illegal aliens who have been convicted of serious crimes in the U.S. to be released and stay in the country after they have served their sentences. This violates the requirements of Federal law that such people be immediately deported.
L. Ordered the immediate release of approximately 68,000 other criminals in Federal prisons that have been convicted of drug offenses. These actions endanger the lives and property of honest and law abiding American citizens that the President is legally and constitutionally required to protect.
M. Has authorized the IRS, HHS, BATF, DHS, and EPA to propose new regulations not authorized by Congress that will adversely affect the rights of Americans protected by the First, Second, Fourth, and Fifth Amendments to the Constitution.
On July 10th I posted the article on my blog that called on Governors of southern Border States to invoke the powers given to them under Article 1, Section 10 of the Constitution and use the National Guard in their states to close the border and stop the invasion of illegal aliens threatening our safety and economy. Today, Governor Rick Perry ordered the immediate deployment of 1,000 members of the Texas National Guard to the border.
This is a major victory and I certainly can’t claim credit for it, but you can. Because followers of my blog and the United States Justice Foundation who live in Texas answered the call to contact Gov. Perry and get others to do the same, my blog article received over 15,000 views and I did a number of radio interviews on the issue. All of this apparently generated a lot of calls and emails to the Governor’s office.
The bottom line is, you can make a difference and this proves it. Congratulations!
Since I live in Texas, I am painfully aware of what is happening on the Texas border with Mexico and on the borders of Arizona, New Mexico and California. Thousands of children from El Salvador, Guatemala, and Honduras are crossing the border every week. Many of them are teenagers with known affiliations to violent gangs such as MS-13. They are not being detained to be deported, but in many cases being sent to American cities where the gang is active.
Many children and adults that are being literally bused into our country illegally are also ill with the dangerous swine flu, tuberculosis, and chicken pox among other diseases. Some are being treated at U.S. taxpayer expense, but most of the illegals are not even getting basic medical exams before being placed in our military bases or sent to facilities in cities and towns around the country. We are looking at a far reaching and potentially deadly medical crisis.
None of this seems to really interest Obama, probably because his policies, including refusing to enforce immigration laws and issuing executive orders to institute the so called “Dream Act” that Congress refused to pass, are the cause of this crisis. All of that violates Article 2, section 3 of the constitution that requires the President “to take care that the Laws be faithfully executed…” Clearly, Obama has no intention of fulfilling his oath of office and obeying the Constitution.
In addition, another major concern being ignored by Obama is the known fact that criminals and potential Islamic terrorists from Yemen, Iran, Somalia, and other Middle Eastern and African countries are using the open border as an opportunity to enter the U.S. and set up shop. High ranking military and Intelligence officials fear terrorist attacks within the U.S. are imminent.
However, Obama has no time during his visit to Texas to go to the border and see the crisis for himself. He is doing the one thing that really interests him, fund raising for Democrats for the upcoming election. Citizens of Texas and other border states are demanding that something be done and so Obama proposes spending billions of dollars to house, feed, cloth, educate, and otherwise care for people who are knowingly and wantonly violating our laws.
There is a way to stop this invasion and it is contained in our Constitution. The states can take action on their own in a manner that would protect our borders and strike at the heart of the Obama administration and its unconstitutional policies. Article 1, Section 10 of the Constitution states in paragraph 3:
“No state shall, without the consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in times of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” (Emphasis added)
We are being invaded and not just by innocent children as the leftist media would have you believe. We are being invaded by criminals and terrorists from numerous foreign nations. American lives and property are in danger as are the economies of many states, not just those on the border.
Therefore, I am calling on the governors of Texas, New Mexico, Arizona, and California to exercise the power and authority granted to them by Article 1, section 10 of the U.S. Constitution and use whatever resources are necessary, including the National Guard, to seal our southern border. It will not be cheap, but it will certainly ultimately cost less than having hundreds of thousands of additional illegals come in and overwhelm the state economies.
Everyone who lives in these states needs to contact their governor and state representatives to encourage this action. People in other states should contact their elected officials to get them to support any such actions taken by these four states. Otherwise, disaster is imminent.
On February 20, 2014 I posted a copy of the updated proposed Articles of Impeachment of Barack Hussein Obama. We sent them out to over 200 select members of the House of Representatives. We only received one response and that was basically a form letter thanking us for sharing. Needless to say, I was very discouraged.
However, the organizers of Operation American Spring requested permission to personally deliver copies of the Articles to members of Congress and I readily agreed. This may have been the trigger, because it has now been confirmed that one or perhaps more members of the House have referred the articles to the House Judiciary Committee for consideration.
For the first time, there is real movement on the Impeachment front. It will take a majority of the committee to vote to send the Articles to the full House for a vote. We need for everyone who lives in a District represented by a member of the Judiciary Committee to contact their representative and urge them to vote the Articles out of committee.
Even if you have a representative who is not on the committee you can ask them to urge their colleagues to bring the legislation to the floor for a full vote of the House.
I have been asked why bother when it requires a two thirds vote of the Senate to convict and remove Obama from office. That is not likely to happen even if the Republicans take control of the Senate in November. However, if Articles of Impeachment are passed by a simple majority of the House, there will have to be a trial in the Senate. The special prosecutors appointed by the House will have extraordinary powers to cut through Executive Privilege and get documents and testimony that Obama has kept hidden. The American people will finally get the information about this man and his actions that have been denied.
To get information on the members of the House Judiciary Committee go to http://judiciary.house.gov/ It is time to move on this. In the meantime, I will be updating the proposed articles. You can see the original articles at: Michael Connelly blog.
On June 6, 2014 it will be seventy years since my father, 1Lt. Roy Connelly, landed on Utah Beach with the other brave men of the 87th Chemical Mortar Battalion. My father died in 1987, but in 2005 as I was finishing up my book about the unit, I had the honor of attending the battalion’s final reunion, and meeting with eleven of these remarkable men.
After their banquet, they all sat down with me at a big table in the hotel lounge and I put a small tape recorder in the center of the table and let them talk about their experiences. Now I knew the story of these men through my extensive research of not only the day to day history of the battalion, but each of the four companies.
I also knew the history of the men at the table. I knew which ones had won medals for heroism and which ones had received one or more purple hearts for wounds received in combat. I heard a lot of stories that night and had collected many more through telephone interviews, questionnaires filled out by the unit veterans, and the diaries some of them sent to me. Yet, none of these men would allow me to call them heroes. They would refer to their buddies as heroes, but not themselves, regardless of the facts that I knew about them.
To hear them talk, they were just average GIs who did the job they were told to do. I knew better because as I chronicle in my book “The Mortarmen” these men who fired the 4.2” mortars, the heaviest in the U.S. military were in combat for 326 straight days. They fought on the Cherbourg Peninsula, in the Hurtgen Forest, and in the Battle of the Bulge. They captured the key German City of Cologne, and they liberated the Nazi death camp at Nordhausen.
They fired their mortars in support of the 3rd, 4th, and 75th Infantry divisions, the 82nd and 101st Airborne Divisions, the 2nd and 5th Armored Divisions, and many other units. Almost every original member of the 87th was killed, wounded, or captured at some point. These men fought for their country and their unit, but mostly they fought for each other. Their loyalty to their fellow warriors was so strong that many hid minor wounds or had more serious wounds treated by the unit medics and refused to be shipped back to a field hospital. Their fear was that they might be reassigned to a unit other than the 87th.
Now, seventy years later only a few of the men of this distinguished unit are still alive and the same is true of the thousands of other soldiers who landed on the beaches of Normandy. These are the men of the “Longest Day” and they must never be forgotten.
For months now I have been writing about the relentless assault by the Obama administration on our military and veterans. However, I now must modify my observations since it is no longer just an assault. It is now an all-out war.
In previous articles on this blog I have discussed the Veterans Administration and its attempts to use phony mental illness claims to deny veterans their rights under the Fifth and Second Amendments to the Constitution. I have reported on the violations of a Federal law requiring that members of the active military be sent their absentee ballots for upcoming elections at least 45 days prior to an election. Some states are ignoring the law because Eric Holder had a member of the DOJ inform secretaries of state around the country that his department would not enforce the law. As a result, hundreds of thousands of votes cast by members of the military were not counted in the 2010 and 2012 elections. We expect the same thing to happen during the upcoming electric cycle.
In the meantime, we at the United States Justice Foundation continue our investigation into the activities of both the VA and the FBI and the horror stories continue to mount. We have received numerous reports for some time that at many VA hospitals and clinics veterans were not getting the medical treatment they required in a timely matter. Now, we have the recent revelations that veterans are dying while waiting for appointments and treatment because bureaucrats in the VA are separating the files of the more seriously ill patients who need expensive treatments and putting them on the back burner.
This is clearly the VA’s version of death panels and helpless wounded or ill warriors are dying. We have also received numerous reports of veterans being pressured by VA officials to accept a diagnosis of PTSD in order to keep their benefits or have them increased. They are also being told they have to take medications even if they don’t believe they need them. The penalty for refusing is being threatened with losing their benefits. According to some experts I have talked to these medications may well be responsible for the increase in suicides among both veterans and active duty military personnel.
We have also confirmed that some veterans are being punished for exercising the limited appeal rights they are given by the VA when the veterans are notified that the VA is considering a declaration that they are incompetent to handle their own finances and will lose their Second Amendment rights. The penalty is the same, the loss of their benefits during the appeal process which can last as much as two years. Veterans are being told that if they want to fight the VA they may not be able to feed their families.
Unfortunately, the hits just keep on coming. I have recently talked to a veteran who is one of the rare cases of success in getting his declaration of incompetency reversed. However, when he tried to purchase a firearm he found out that he was still on the NICS list maintained by the FBI and cannot legally purchased a firearm. When he called the FBI to try and get the situation rectified he was transferred to a recorded message that told him he had to hire a lawyer or the FBI would not talk to him. In other words, the FBI appears to have their own agenda when it comes to denying veterans their Constitutional rights.
We have also been made aware that once they are declared incompetent some veterans are being put on the list of people that aren’t allowed to fly and family members of the veterans are being told they can’t own firearms if they live with an “incompetent” veteran.
In addition, I have received two other disturbing reports from veterans in the past week. A 93 year old WW II veteran and a second younger veteran have both told me that the VA declared them incompetent and appointed a fiduciary to handle their finances. The next thing they knew their checks were being sent to someone else’s bank accounts in other states, and the VA seems unable or unwilling to do anything about it. I had heard of this happening before, but it appears be accelerating.
At the USJF we have long been aware that veterans who go to the VA for any reason are being questioned about firearms ownership. I have had this confirmed by veterans I have talked to in the Dallas, Texas area. According to one source in the VA this is the result of a directive from the White House. Yet, as with other things happening to veterans, it just keeps getting worse. A Marine veteran has told me that he was notified to appear at the VA Pensions office for an appointment. He was told when he got there that some unknown party had suggested an increase in benefits for him. This was a red flag for him and then the VA employee asked him if he owned any firearms and he was further questioned about what he thought of the government.
In my view the conclusion is obvious. There is a systematic effort being made by agencies in the Federal government, up to and possibly including the White House, to disarm, disenfranchise, demoralize, and even eliminate the very heroes who have laid their lives on the line in defense of our nation and our Constitution.
As a veteran I am appalled by what I am seeing and hearing and at the USJF we are dedicated to make every effort to defend our veterans and their families at no charge to them. If any of you are veterans who have been impacted by any of this or have friends or family members who have been impacted, please contact us. This is a war we must win!
This is the response that I and other United States Justice Foundation attorneys prepared and submitted in opposition to some very dangerous proposed amendments to ATF regulations. These could cause millions of Americans to be denied their Second Amendment rights.
Subject: Comments on Notice of Proposed Rulemaking of Changes to
ATF Definition of Adjudicated as a Mental Defective and Committed to a Mental Institution. (Docket No. ATF 51P)
These comments are submitted in response to the above-referenced Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) Notice of Proposed Rulemaking of changes to the ATF definitions of Adjudicated as a Mental Defective and Committed to a Mental Institution. These proposed changes will affect the inclusion of individuals in the National Instant Criminal Background Check System (“NICS”) as persons ineligible to purchase or possess a firearm.
Changes to the Definition of “Mental Defective”
The Gun Control Act of 1968 (“GCA”) is enforced by the ATF and, under the provisions of 18 U.S.C. Section 922(g), certain persons are expressly prohibited from shipping or transporting any firearm or ammunition in interstate or foreign commerce, possessing a firearm or ammunition in or affecting commerce, or receiving a firearm or ammunition that has traveled in interstate or foreign commerce. Among those so prohibited is a person who “has been adjudicated as a mental defective or committed to a mental institution”.
ATF has proposed a rule change that appears to significantly broaden the scope of those considered mentally defective, and by what authority such a declaration can be made. Specifically, the summary of the proposed changes is stated in the Federal Register to be: “The proposed rule would clarify that the statutory term ‘adjudicated as a mental defective’ includes persons who are found incompetent to stand trial or not guilty by reason of mental disease or defect, lack of mental responsibility, or insanity, and that the term includes persons found guilty but mentally ill. The Department recognizes that the term ‘mental defective’ is outdated, but it is included in the statute and cannot be amended by regulation. The proposed amendments would further clarify that federal, state, local and military courts are recognized lawful authorities that can find persons incompetent to stand trial or find them not guilty by reason of mental disease or defect, lack of mental responsibility or insanity.”
What is left unstated is what constitutes a “mental defective.” Under the explanation for the proposed rule provided in the Federal Register, it is claimed that the intent of Congress in passing the GCA was so that “the prohibition against the receipt and possession of firearms would apply broadly to ‘mentally unstable’ or ‘irresponsible’ persons.” Even assuming that this interpretation of Congressional intent were correct, there is no definition of the term “irresponsible,” leaving it up to a variety of individuals and institutions to add anyone to NICS.
A clear example of this is the plight of many of America’s military veterans who are being determined by the Veterans Administration (“VA”) to be incompetent to handle their own financial affairs. According to letters and other documents from the VA, a finding of financial incompetence can be based on even minor Post-Traumatic Stress Disorder (“PTSD”), temporary depression or even allowing one’s spouse to handle the family finances. In most cases, the declaration of incompetence is being made not because the veteran has been examined by a psychiatrist or a psychologist and found to be mentally ill, but simply because of some comment in his or her VA records.
Veterans bear the burden of proof to demonstrate they are competent, and that is a clear violation of their right to due process under the Fifth Amendment to the U.S. Constitution. In the correspondence from the VA, veterans are also being told that once they are declared incompetent to handle their own financial affairs, they are automatically added to NICS list. Yet there is no direct correlation between ability to handle finances and firearm ownership or possession.
That being stated, the changes in the definition of “mental defectiveness” proposed by the ATF will only further confuse the situation and lead to more people being denied their Second Amendment right to have a firearm, for reasons that are suspect at best.
Changes to the Definition of “Commitment to a Mental Institution”
The summary of the proposed changes printed in the Federal Register also includes this statement: “This proposed rulemaking would also amend ATF regulations to clarify that the statutory term ‘committed to a mental institution’ applies to involuntary inpatient or outpatient treatment.” If that is the case, it opens the door to all types of abuses.
A good example would be in family court situations where judges routinely issue an order for psychiatrists or psychologists to evaluate both parents and children and, in some cases, have them continue for a course of treatment and/or counseling. This is done in an outpatient situation and since it is the result of a court order, would be considered involuntary. This puts both parents and children in danger of, ultimately, losing their Second Amendment rights under the new commitment definition.
The same problem can occur in both criminal and juvenile court where judges can order psychological evaluations and treatment. Even if the defendant is found mentally competent, and ultimately exonerated of the criminal charges, he could still fall under the definition of having been involuntarily committed to outpatient treatment. Juveniles under the age of 18 will be particularly vulnerable since, even though their court records may be sealed, their medical records may not be.
It is also necessary to consider children who are simply unruly and a problem to their parents and/or teachers. At a time when schools encourage having students diagnosed with Attention Deficit Disorder (“ADD”) or Attention Deficit Hyperactivity Disorder (“ADHD”) and medicated, the minors are in danger of having had treatment that would brand them for life, even if the diagnosis is incorrect or the problem disappears as they get older. Where do these individuals stand under the new regulations? The answer is not clear at all.
Finally, the situation with veterans must also be considered. Many veterans are reporting that they are being encouraged and in some cases coerced to accept a diagnosis of PTSD in order to get benefits. The diagnosis will require them to take medications even if they feel they don’t need it. In fact PTSD is not classified as a mental illness, but the VA is still using it to place veterans on NICS. The proposed new rules will not alleviate this problem, but probably make it worse.
There are serious Constitutional questions raised by these new proposed amendments. First, there is the question of whether the U.S. Department of Justice (“DOJ”) and ATF even have the authority to make these changes since they will clearly have an impact on the GCA itself. Clearly, any such statutory changes must be enacted by Congress.
Secondly, there are serious due process issues raised by these proposals. Based on what is happening with the VA and our military veterans, the changes will lead to more veterans and non-veterans being put on NICS without any real adjudication and no opportunity to dispute the decision by a government agency, except through an expensive and time-consuming appeal and/or litigation.
Last, the Second Amendment implications cannot be ignored. The U.S. Supreme Court has twice ruled that the right to keep and bear arms is an individual right and that any limitations on that right must be carefully monitored to see that they do not violate the Constitution. The GCA was designed to prohibit certain persons from being able to legally purchase firearms. It was primarily directed at convicted felons and persons adjudicated to be mentally ill to the point of being a danger to themselves or others. The ATF’s proposed changes go far beyond the intent of the law.
For the foregoing reasons, the United States Justice Foundation requests the ATF to withdraw its proposed regulations.
Most Americans apparently don’t realize that since he was elected President of the United States Barack Obama has been aggressively creating a caste system in our country. He and Michelle obviously consider themselves elitists who are above most of the rest of us and entitled to special privileges. They are joined by members of the cabinet like Eric Holder and Chuck Hagel, members of Congress such as Nancy Pelosi and Harry Reid, members of the mainstream media, the Hollywood hierarchy, and certain corporate executives who have contributed heavily to the Obama campaigns and the Democratic Party.
Many of the rest of us have been relegated to be second class citizens. According to the elitists, you fall into the category if you are:
- A U.S. Military veteran.
- An active member of the U.S. military or a family member of a member of the military.
- A gun owner, and/or believe in the Second Amendment of the Constitution.
- A believer in freedom of speech for all Americans, even for those you disagree with.
- A believer that the news media should be free and a guardian of the Constitution, not a propaganda organ for the government.
- A Christian.
- A defender of the Fourth and Fifth Amendments.
- A believer in the balance of powers mandated in the Constitution.
- A believer that the Constitution provides for a Federal government with limited powers.
- A believer that traditional marriage is between a man and a woman.
- A believer that America has a right to defend itself against Islamist terrorism and other enemies of freedom.
- A believer in American exceptionalism.
- A supporter of a free market economy.
On the other hand if you are:
- A supporter of unlimited big government.
- A believer that the government can better spend your money than you can.
- A believer in the redistribution of wealth by taking from those who work and giving to those that don’t want to work.
- A supporter of the killing of the innocent unborn, but in opposition to the death penalty for murderers and terrorists.
- A believer that Islam is a religion of peace.
- Someone who blames America for all the ills of the world.
- A believer that freedom of speech does not apply to all Americans, just those you deem “politically correct.
- A supporter of disarming honest American citizens.
- A believer that all military veterans are dangerous and should be disarmed.
- A believer that the U.S. Military should be drastically cut so more money can be sent on welfare programs.
- A supporter of censorship of the news media outlets that don’t agree with your point of view.
- Someone who believes that only Muslims should have freedom of religion.
- Someone who believes that the federal government should decide what our children are taught in school.
- A believer that the government should control every aspect of the economy.
- A believer that the Constitution and Bill of Rights is outdated and should be radically changed or abolished.
If this describes you, than congratulations you are now officially a slave on the Obama plantation.
It also makes me proud to be classified by you as a second class citizen. That means I am still an American!
I have prepared these updated formal Articles of Impeachment as a Constitutional lawyer. They are in proper legal form and all allegations are provable. They will be sent to Congress.
Impeaching Barack Hussein Obama, President of the United States, for high crimes and misdemeanors.
Resolved, That Barack Hussein Obama, President of the United States, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the United States Senate:
Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, against Barack Hussein Obama, President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.
In his conduct while President of the United States, Barack Hussein Obama, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the executive branch to increase its power and destroy the balance of powers between the three branches of government that is established by the Constitution of the United States.
The means used to implement this course of conduct or scheme included one or more of the following acts:
(1) Shortly after being sworn in for his first term as President of the United States, Barack Hussein Obama began creating new departments and appointing Czars to oversee these departments. These Czars were never submitted to the United States Senate for approval as required by Article 2, Section 2 of the Constitution. In addition, these Czars and the Departments have budgets that are not subject to being controlled by Congress as provided for by Article 1, Section 8 of the Constitution. He also made recess appointments when the Senate was not in recess and these appointments were struck down by the Supreme Court.
(2) Article 2, Section 3 of the Constitution mandates that the President of the United States “shall take Care that the Laws be faithfully executed…” Barack Hussein Obama, in violation of his oath of office has repeatedly ignored this Constitutional mandate by refusing to enforce laws against illegal immigration, defend in court the Defense of Marriage Act (DOMA), and refusing to enforce Federal voting laws.
(3) Article 1 of the Constitution establishes the legislative branch of the U.S. government and sets forth the powers of the Senate and House of Representatives to make laws. These powers are exclusive and the Constitution does not grant the President the power to either make laws or amend them on his own. Barack Hussein Obama has ignored these provisions and made or changed laws by either issuing unconstitutional executive orders or instructing governmental departments to take illegal and unconstitutional actions. Specific actions include, but are not necessarily limited to:
- A. Ordering the Environmental Protection Agency to implement portions of the Cap & Trade bill that failed to pass in the U.S. Senate.
- B. Ordering implementation of portions of the “Dream Act” that failed to pass in Congress.
- C. Orchestrating a government takeover of a major part of the automobile industry in 2009.
- D. Ordering a moratorium on new offshore oil and gas exploration and production without approval of Congress.
- E. Signing an Executive Order on March 16, 2012 giving himself and the Executive branch extraordinary powers to control and allocate resources such as food, water, energy and health care resources etc. in the interest of vaguely defined national defense issues. It would amount to a complete government takeover of the U.S. economy.
- F. Signing an Executive Order on July 6, 2012 giving himself and the Executive branch the power to control all methods of communications in the United States based on a Presidential declaration of a national emergency.
- G. Signing an Executive Order on January 6, 2013 that contained 23 actions designed to limit the individual right to keep and bear arms guaranteed by the Second Amendment to the Constitution.
- H. Amending portions of the Affordable Healthcare Act and other laws passed by Congress without Congressional approval as required by Article 1 of the Constitution.
- I. Issuing Executive orders in January 2014 amending the HIPPA law to allow the turning over of confidential medical records to Federal agencies if there is any information to be used to add individuals to the NICS list to prohibit them from purchasing firearms.
- J. Having the EPA impose regulations on the coal industry that will force many utility companies and coal mines out of business. This will cost the U.S. economy thousands of jobs and dramatically increase the cost of energy to the public. This is being done without Congressional approval.
- K. Hindering the ability of the U.S. Border Patrol Agency to not only stop illegal immigration, but to stop human and drug trafficking.
- L. Removing the work requirement from welfare reform legislation without Congressional approval.
(1) Article 2, Section 3 of the Constitution mandates that from time to time the President “shall give to Congress information on the State of the Union….” Implicit in this is an obligation for the President to be truthful with the Congress and the American people. Barack Hussein Obama has repeatedly violated his oath of office and the requirements of the Constitution by willfully withholding information on important issues or actively taken part in misleading the Congress and the American people. Specific actions include, but are not necessarily limited to:
- A. Using Executive privilege to block Congress from getting documents relating to the DOJ’s Operation Fast and Furious and the death of U.S. Border Patrol Brian Terry.
- B. Had members of his administration provide false information about the act of terrorism committed in Benghazi, Libya on September 11, 2012 and refusing to allow the State Department and other federal agencies to cooperate in the Congressional investigation.
- C. Falsely labeled the mass murder of American soldiers at Ft. Hood, Texas as “workplace violence” instead of the act of Islamic terrorism it was.
- D. Falsely labeling the IRS targeting of conservative and Christian groups as a “phony” scandal and refusing to order an active pursuit of the investigation into who was ultimately responsible.
- E. Refusing to order an independent investigation of the actions of Eric Holder and the DOJ in targeting the phone records of members of the news media.
- F. Telling the American people on a television show that the NSA was not prying into the emails and phone calls of Americans when the facts prove otherwise.
(2) The oath of office of the President of the United States requires him to preserve, protect and defend the Constitution. This obviously includes what may be the most important part of the Constitution, the Bill of Rights. Barack Hussein Obama has repeatedly violated his oath of office by seeking to limit both the individual rights and the rights of the States guaranteed in the first ten amendments to the Constitution. Specific actions include, but are not necessarily limited to:
- A. Having the Department of Health and Human Services order religious institutions and businesses owned by religious families to provide their employees free contraception and other services that are contrary to their religious beliefs. This is being done under the auspices of the Affordable Health Care Act and violates the religious freedom clauses of the First Amendment.
- B. Having the military place restrictions on the religious freedom of Chaplains and other members of the military in order to favor gay rights advocates and atheists in violation of the First Amendment.
- C. Having the military place restrictions on the freedom of speech of members of the military and the civilian employees of the DOD in violation of their rights under the First Amendment.
- D. Using Executive orders and government agency actions to limit Second Amendment rights. This includes actions by the Veterans Administration to disarm American veterans without due process as required by the Fifth Amendment.
- E. Having the National Security Agency intercept and monitor the private communications of millions of Americans without a court order and in violation of the Fourth Amendment.
- F. Joining with foreign governments in lawsuits against sovereign U.S. states to prohibit them from enforcing immigration laws. This is in violation of the Tenth Amendment.
- G. Filing suits under the Voting Rights Act against sovereign U.S. states to prevent them from enforcing Voter ID laws despite rulings by the Supreme Court upholding these laws. This is another violation of the Tenth Amendment and the balance of powers.
- H. Having the IRS propose new regulations on conservative 501 (C ) (4) organizations to limit their freedom of speech and political activities during election cycles in violation of the First Amendment to the Constitution.
- I. Having the FCC prepare new rules on internet neutrality in violation of the ruling by the U.S. Supreme Court striking down such regulations.
- J. Having the FCC institute a plan to place agents in newsrooms of radio and television stations as well as print media to monitor whether they are providing the “proper” news content to the public, a direct violation of the First Amendment to the Constitution.
- K. Having the Secretary of State sign the U.N. Small Arms Treaty despite the opposition of a majority of the U.S. Senate and with full awareness that the implementation of the treaty would violate the Second Amendment rights of American citizens.
(3) Under Article 2, Section 2 of the Constitution the President of the United States is the Commander in Chief of the United States military and as such is responsible for using them in a manner that best serves the national security of the United States and protects our soldiers from unnecessary risks and harm. Barack Hussein Obama has violated his oath of office in this regard. Specific actions include, but are not necessarily limited to:
- A. In the name of “political correctness,” he imposed unnecessary and dangerous rules of engagement on our troops in combat causing them to lose offensive and defensive capabilities and putting them in danger. Many American service personnel have been killed or wounded as a result of this policy.
- B. Releasing the identity of American military personnel and units engaged in dangerous and secret operations such as the killing of Osama bin Laden by Navy Seal team 6.
- C. Article 1, Section 8 of the Constitution gives Congress the exclusive power to declare war. Yet, without consulting Congress President Obama ordered the American military into action in Libya.
- D. Having the Attorney General tell Secretaries of State that they do not have to comply with the Federal law requiring states to timely send absentee ballots to military personnel.
In all of this, Barack Hussein Obama has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States.
Wherefore, Barack Hussein Obama, by such conduct, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States.
I have been writing, speaking and doing radio interviews for months about what is happening to our military veterans who are systematically being robbed by the Veterans Administration of their Second Amendment right to keep and bear arms and their Fifth Amendment right to due process of law. I have talked to veterans all over the country and heard the horror stories, and as a result the United States Justice Foundation has already filed one suit against the VA and is in the process of raising the funds to file a second suit on behalf of individual veterans.
I have put some of these stories on my blog and talked about them on my radio show. Now I am going to let you see the face of one of these veterans and hear him and his wife tell their story first hand. They are Pat and Sue Kirby. Pat is a decorated Vietnam veteran and what you will hear is absolutely true. We are working with Pat and many more veterans and their families to stop this atrocity being perpetrated by our own government on America’s heroes.
The report you will see was prepared by Tim King and Jerry Freeman of the Salem News in Salem, Oregon. It has been posted on YouTube and been viewed thousands of time, but has once disappeared off of You Tube and then put back up with the number of views reset to zero. The video speaks for itself so watch it and prepare to get very angry.
On January 24, 2014 I attended a meeting of the Constitutional Sheriffs and Peace Officers Association. The group is run by former Arizona Sheriff Richard Mack who led the charge to keep the Constitution and particularly the Tenth Amendment alive. He and a handful of other Constitutional Sheriffs sued the Clinton administration because it was trying to force them to violate their oath of office by enforcing provisions of the Brady Handgun Violence Prevention Act.
Sheriff Mack objected to this because he believed that the act was unconstitutional and that the Federal government was not empowered to force local law enforcement officials to enforce Federal laws. The United States Supreme Court ultimately agreed with him in a landmark decision in the case Mack/Printz v USA.
Now, a growing number of like-minded Sheriffs and Peace officers have joined together to defend their oath of office to protect and defend the Constitution of the United States. They have drawn a line in the and by saying that they will not enforce or allow any laws to be enforced in their jurisdictions that violate the constitutional rights of the Americans they serve.
I had the honor of being present when this group of heroes drew up and signed a historic document setting forth there dedication to freedom. Here is a link to that resolution: http://cspoa.org/cspoa-jan-2014-resolution/
The document speaks for itself and I believe hundreds of law enforcement and other public officials will come forward to add their names to it. However, it will take courage because there have already been attempts at both the Federal government and some state governments to intimidate members of the CSPOA. At the United States Justice Foundation (www.usjf.net) we will do our part to defend these brave Americans who are stepping up to the plate for us and our Constitution.
I encourage everyone to send a copy of this document to your local sheriff and other law enforcement officials and urge them to sign it and join the CSPOA. This group may represent our last line of defense against tyranny.
On June 25, 2013 I posted an article on this blog titled “Psychiatry as a Weapon of Tyranny” and I pointed out the history behind using an ever broadening definition of mental illness as a way to disarm and ultimately imprison the potential enemies of dictators throughout history. I also pointed out that his technique was being used against American military veterans, and with the IRS now having access to the medical records of all Americans, this type of action would be broadened to include many more U.S. citizens.
They are extraordinary Americans. It is said that they sign a blank check to their country and their countrymen pledging that they will give their all, up to and including their lives, to defend the American way of life and their fellow Americans. They are the men and women who are currently serving or have previously served in the armed forces of the United States. They take an oath to “protect and defend the Constitution of the United States against all enemies, both foreign and domestic” and they always live by that oath.
This has become a Christmas tradition for me and some of you have seen this post before, but it is that time of year when I start thinking about the importance of friends and family and why I should be thankful for the country I live in. It is also the time when I think about those fellow Americans who have stepped forward in the past and the present to place their lives on the line so that the rest of us can celebrate this holy season in freedom and peace. This will be the fifth Christmas since 9/11 that my oldest son, U.S. Army Major Sean Connelly, has spent away from home and in harm’s way.
However, the true story below is not about Sean and the fighting Americans of today, but about Sean’ grandfather and another Christmas long ago. I wrote it many years ago and it has been reprinted and put on websites around the world. I offer it once again to honor our heroes of yesterday, today, and tomorrow. Come to think of it, this story is really about all of them because it epitomizes who and what they are.
In August 2009 I read and analyzed the 1100 pages of HR 3200 that was the original version of the Affordable Care Act. I wrote an article about the proposed legislation that became the first one posted on this blog. That article has recently resurfaced several times and gone viral as an email.
I have not posted anything new on my blog in over a month, but I have not been idle. Here is an update on some of the projects I have been working on:
I have prepared these formal Articles of Impeachment as a Constitutional lawyer. They are in proper legal form and I believe all allegations are provable. They will be sent to Congress with annotations.
Isn’t it ironic that we have a phony President of the United States complaining about the “phony scandals” he claims were created by those who dare to oppose him and his dictatorial regime? There is nothing phony about the death of Border Patrol officer Brian Terry as a result of the Fast and Furious scandal and there is certainly nothing phony about the massacre of Ambassador Chris Stevens, Sean Smith, Tyrone Woods, and Glen Doherty by Islamist terrorists in Benghazi.
I have reviewed the Immigration reform bill, S744, passed overwhelmingly by the United States Senate and it is a disaster. It is lengthy and confusing and in many ways reminds me of the final version of Obamacare that was passed by members of Congress who did not read it and had no idea what was in it. There is no mistaking that this is an amnesty bill. It provides a pathway to citizenship for individuals who are already on record as being willing to break our laws.
I have written extensively about the horrendous and ongoing efforts by the Veterans Administration to disarm American military veterans by declaring them incompetent to handle their financial affairs due to physical or mental disabilities. Once declared incompetent the veterans are arbitrarily stripped of their Second Amendment right to purchase, own, or possess a firearm.
When I post a new article to my blog on the Constitution I always send out an email to those who request to be put on the list to be notified of new posts. I have many military veterans on the list and some members of the active military. Most of them have given me personal email addresses but some use their military email address and some people forward my emails and articles to active duty military personnel.
It seems that the scandals just keep on coming. First, Americans are abandoned to die in a terrorist attack in Benghazi and the American people are lied to about the attack by the President and members of his cabinet. All of the facts are still unknown and the cover up continues.
I am writing this on June, 6, 2013. Sixty nine years ago today my father, Roy Connelly, was a young army Lieutenant fighting his way up Utah Beach with other men of the 87th Chemical Mortar Battalion. It was D-Day and they were invading Normandy to free Europe from Nazi domination and restore and preserve freedom. Many of these men didn’t make it home, but those that did were honored for their service and were proud veterans.
With Memorial Day approaching Americans should be preparing to honor our veterans and military heroes currently fighting for us as well as remembering those we have lost. This honor should be especially due from our own government that has sent these brave men and women off to war. Unfortunately, the opposite is true. It is clear that the Federal government has declared war on our veterans and is intent on denying them the very Constitutional rights they fought to protect.
As a result of the May 8th House of Representatives Committee hearing on the September 11, 2012 attack on the U.S. Consulate in Benghazi, Libya three chilling conclusions can be drawn. First, the four Americans who were killed were abandoned by the very government they so bravely served. Days prior to the attack Ambassador Chris Stevens and others on his staff pointed out to the State Department that the security situation in Libya was deteriorating. There had already been a car bomb attack on the Consulate in Benghazi and an attempt had been made on the life of the British ambassador. Therefore, Ambassador Stevens wanted an increase in security personnel.
FOR IMMEDIATE RELEASE April 22, 2013
CONTACT: Michael Connelly, Executive Director,
email@example.com or (214)731-6280
The United States Justice Foundation (USJF) has filed the first of several lawsuits against the Veterans Administration (VA) involving the VA’s violation of Constitutional rights of veterans guaranteed by the Second and Fifth Amendment.
Our investigation into the plight of our military veterans and the assault on their Second and Fifth Amendment rights continues to uncover a disturbing pattern that confirms that the VA is violating the Constitutional rights of America’s heroes on a daily basis. The investigation included two separate requests to the VA under the federal Freedom of Information Act. We asked for the criteria used for appointing a fiduciary for veterans to handle their financial affairs and for information on the criteria for adding such veterans to the list of Americans ineligible to buy firearms. The legal deadline for a response from the VA has passed and our requests have been totally ignored. This does not surprise me because it is obvious that the VA has much to hide.
Since I wrote the article titled “Disarming America’s Heroes” I have been inundated with emails and phone calls from veterans and the families of veterans. The horror stories I am hearing are proof that the VA and the Obama administration have launched an all out assault on the Constitutional rights of our nation’s wounded warriors and other veterans.
How would you feel if you received a letter from the U.S. Government informing you that because of a physical or mental condition that the government says you have it is proposing to rule that you are incompetent to handle your own financial affairs? Suppose that letter also stated that the government is going to appoint a stranger to handle your affairs for you at your expense? That would certainly be scary enough but it gets worse.
Obama’s state of the Union address on February 12, 2013 can be summed up as follows:
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