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Wednesday, January 31, 2024

What is the problem here.

I have a close friend who retired from the police four years ago. I've know his kids their entire lives, and he's a great dad and was a great cop. And it pains him to tell his son, "Do not go into the police." The scrutiny of every action you do is beyond believe right now. We're raising generations of kids to be against law and order, and we have an administration allowing an invasion of criminals over our southern border. 

You want another great example of why police are getting the hell out of the job. From the New York Police Department: 

NEW YORK — A group of migrants pummeled NYPD officers attempting to make an arrest outside a shelter in Times Square, police and sources said Tuesday.

Two officers and a lieutenant from the NYPD’s Midtown South Precinct approached the group of men outside a migrant shelter on West 42nd Street near Seventh Avenue around 8:30 p.m. Saturday, cops said...

The officers had been trying to break up the disorderly crowd outside the Candler Building, where the city announced the opening of a mega-shelter in March. When the cops attempted to put one of the men under arrest, multiple people attacked, according to authorities.

The men kicked and punched the officers in the head and body, video released by police shows.

“They were kicking and punching one of the cops,” a security guard in the area told the Daily News on Tuesday. “They mobbed [the cops]. It was wild.”

The lieutenant suffered a cut to his face during the melee. He was treated on the scene along with his colleagues, according to cops.

Two 19-year-old men, a 24-year-old man and a 21-year-old man were arrested at the scene. All were charged with assault on a police officer...

Four of the suspects were released without bail following arraignment in Manhattan Criminal Court...

New York Post, first, they are not "migrants," but illegal aliens. But four suspects, who have no connections to the area (family, jobs, etc) charged with assaulting a peace officer, are cited and released! All they have to do is walk off and there is nothing we can do, unless they are unlucky enough to get busted again and (going out on a limb here). From the PBA president:
“Attacks on police officers are becoming an epidemic, and the reason is [the] revolving door we’re seeing in cases like this one,” Patrick Hendry, president of the Police Benevolent Association, said in a statement. “It is impossible for police officers to deal effectively with crime and disorder if the justice system can’t or won’t protect us while we do that work...”
I've said it too many times to count. The police are joining the fire department, i.e., they are signing on, answering their calls for service, but doing nothing self initiated. You can't take risks these days. And why would you? God knows, the ex-cop now in charge of New York will not back you up. NYPD, watch yourselves, you are targets now. God Bless. 

Wednesday, January 17, 2024

Where the Constitution is silent...

One of the points I've learned is almost six decades on this Earth is any bureaucracy, no matter how well planned or executed, has only one purpose. To insure its own existence. An interesting concept put forth by commentator Mark Levin in his book The Liberty Amendments is to sunset every federal agency every five years. These departments and agencies would have  them justify their existence and organization to the Congress at regular a  regular interval. 

Too much you think? Well, in the lead up to New Year's 2000, we spent a fortune on preparing for the end of days because of software issues in computers. The world did not end on 1/1/00, but the federal department that oversaw Y2K prep until 2017.

I found this article interesting about the Supreme Court reviewing the power of federal agencies to interpret federal law. A major issue with the bureaucracy is they can put out regulations with the power of law, but there is little or no legislative oversight, and if you get called inot a labor court or other hearing, you are guilty until you prove your innocence (slight exaggeration).

From today's Washington Post

Supreme Court divided over whether to curb the power of federal agencies

A divided Supreme Court debated whether and how to curtail the power of federal agencies Wednesday, with liberals urging the court to defer to the judgment of government experts and conservatives saying courts should not automatically favor government regulators over private companies, industry or individuals in litigation...

The high court was considering challenges to federal rules requiring commercial fishermen to pay for at-sea monitors. But the court’s decision has the potential to limit the flexibility of federal agencies to regulate vast swaths of American life, including the environment, financial markets, public health and the workplace.

Conservatives have long targeted the framework set in 1984 in Chevron U.S.A. v. Natural Resources Defense Council because it requires judges to defer to the reasonable interpretation of federal agency officials charged with administering ambiguous federal laws....

On Wednesday, Justices Brett M. Kavanaugh and Neil M. Gorsuch, both nominees of President Donald Trump, took turns peppering the Biden administration with skeptical questions as Solicitor General Elizabeth B. Prelogar defended the Trump administration initiative — and the longstanding Chevron precedent.

(Justices Brett) Kavanaugh said Chevron has allowed federal agencies to flip flop and impose new rules each time a new administration takes over, leaving judges with little choice but defer to the changing interpretations of agency officials.

“Something needs to be fixed here,” said (Justice Neil) Gorsuch, who has previously called for overturning the precedent.

I see the issue with the Chevron case, and Justice Gorsuch is right, the bureaucracy is going far beyond what this ruling meant, IMHO. But I really find this interesting:

The court’s three liberal justices — Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson — expressed concern about shifting power to unelected judges to make technical and scientific policy decisions when laws passed by Congress are not crystal clear.

“Judges should know what they don’t know,” Kagan said.

Jackson said she is worried about "courts becoming uber-legislators.”

Justice Kagan is worried about judges ruling on what they don't know! Justice Kagan, you voted in Dobbs v Jackson that the opinion of seven lawyers in black robes should overrule the citizens and governments of the fifty states, in violation of the 10th Amendment. Justice Jackson, that is exactly what you wanted when you voted against the Dobbs decision. And let's not forget Justice Sotomayor saying courts of appeal set government policy. 

Ladies, it's not that you don't the judicial branch making policy or policy decisions, taking the legitimate decision from the legislative. You only want that with your preferred legislative policies. 

Sorry, a major effort of the next Republican administration is to continue the work of the Trump presidency in appointing judges that will interpret the Constitution, and, in the wise worlds of the late Judge Robert Bork, "...where the Constitution is silent, leaves the policy struggles to Congress, the president, the legislatures and executives of the 50 states and to the American people . . . ."

Saturday, January 13, 2024

Seditious Bureaucrats

This was in  National Review and I find it interesting:

Striking against the Federal Government Is a Felony

Al-Monitor reports that “federal employees across nearly two dozen agencies plan to walk off the job Tuesday to protest the Biden administration’s handling of the Gaza war.” They have organized a group called “Feds United for Peace” and are coordinating the walkout to occur on the 100th day since Israel began its operations in Gaza. “One of the walkout organizers said that rather than quit, they felt ‘a moral obligation and a patriotic duty’ to influence change from inside,” the story says...

From the original story:

US government employees plan walkout over Biden’s Gaza policies

Organizers of the effort told Al-Monitor they expect hundreds to join in their walkout after securing commitments from individuals at 22 federal agencies.

WASHINGTON — US federal employees across nearly two dozen agencies plan to walk off the job Tuesday to protest the Biden administration’s handling of the Gaza war, according to organizers of the dissent effort who spoke to Al-Monitor. 

The group — calling itself Feds United for Peace — consists of dozens of government employees who will be observing a “Day of Mourning” to mark 100 days of Israel’s military campaign in Gaza. The organizers, who are choosing to remain anonymous, say they expect “easily hundreds” of others to join in their walkout after securing commitments from individuals at 22 federal agencies. 

According to a list obtained by Al-Monitor, those include the Executive Office of the President, the National Security Agency, the Departments of State, Defense, Homeland Security and Veterans Affairs as well as US Citizenship and Immigration Services and the Naval Research Laboratory. 

Others expected to join in the protest work for agencies including the Food and Drug Administration, the National Park Service, the Federal Aviation Administration and Environmental Protection Agency. 

The planned walkout reflects mounting anger among US officials over the Biden administration’s refusal to call for an immediate cease-fire in Gaza, where health officials in the Hamas-run territory say more than 23,000 people have died in three months, most of them civilians. The United Nations estimates that around 85% of the population — some 1.9 million Palestinians — have been displaced. 

One of the walkout organizers told Al-Monitor their initiative “grew out of a collective desire to do what we could to influence the Biden administration’s policy on this issue…” 

Now one of the facts people, particularly regressive on the left is they are filled with Anti-Semites. They want an immediate cease fire that will leave Hamas still functional, not held to account for their actions in the attack, and still a threat to Israel. Exaggeration? Again, from Al-Monitor

Two US officials, including one working in the State Department bureau that oversees arms transfers, have publicly resigned in protest. Josh Paul, who served as the director of congressional and public affairs for the department's Bureau of Political-Military Affairs, cited the administration’s “blind support for one side” as being among his reasons for leaving.

One of the walkout organizers said that rather than quit, they felt “a moral obligation and a patriotic duty” to influence change from inside. They blamed the White House for policy decisions they lament, including the obstruction of cease-fire resolutions at the United Nations and weapons sales to Israel that have bypassed Congress… 

…Asked if they tried to address their concerns internally, they said, “Unequivocally, the answer is yes…”  

Two points I would like to make from these “concerned staffers.” One, their strike is illegal. from National Review:

5 U.S.C. § 7311 makes it illegal for federal workers to go on strike: “An individual may not accept or hold a position in the Government of the United States . . . if he . . . participates in a strike, or asserts the right to strike, against the Government of the United States.”

18 U.S.C. § 1918  proscribes the penalty: “Whoever violates the provision of section 7311 . . . shall be fined under this title or imprisoned not more than one year and a day, or both.”

So yes, they are breaking the law. Not that they will have any worry about loosing their job or pay. With President O’Biden in the White House, they will not face  any serious consequences. Now I was an officer of the United States for 23 years, and if I went on strike, it would be a violation of the Uniform Code of Military Justice (UCMJ). The specific terms are Mutiny and Sedition. The penalty is a bit stricter than  18 U.S.C. § 1918. From Article 84 UCMJ Mutiny or Sedition:

(a)Any person subject to this chapter who—


(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;


(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;


(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.


(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

Weakness invites more disruption. If we had a president in the White House right now, he would handle this quickly. He should tell every one of these idiots they are not going to be paid for this event, you have until 900am Eastern time to return to your post, or you will be terminated, and banned from future federal employment. See Reagan with the Air Traffic Controller strike in 1981.


Another point that must be made. These minor bureaucrats do not make government policy. They are there to execute the policy set by the Executive and Legislative branches. They can raise their concerns as allowed, but they cannot go on strike against it. A point made to the man who swore me into the Army, “At some point you may have an order you cannot, in good conscious, obey. Your choice, either obey the order, or resign.” So “Feds United for Peace,” actually seditious bureaucrats, make your choice. Follow your lawful government policy or resign. 

A local military academy...

In early 2023, the state of Texas took over the Houston Independent School District, as the local board was a complete disaster, for multiple reasons. The local leftist rag, the Houston Chronicle, has been outraged that the state appointed superintendent, Mike Miles, actually downsized the above school staff, and is trying the put the money into, get this, schools. 

Well, found this interesting. As a kid I was part of Air Ford Junior ROTC. LA - 62, East Jefferson High School, Metairie LA and it guided me in many efforts. I gotta say this is an interesting concept, a military academy. 

HISD to start military academy in 2024-25

Cullen Military Academy aims to help middle school students develop discipline, leadership, teamwork and physical skills, as well as Mandarin language skills and career and college exploration. Miles worked with officials at the U.S. Military Academy at West Point and the U.S. Naval Academy as he built this program to support students interested in joining the military. 

“Most Americans believe that there’s an aspect of service the military provides that’s good for society but also good for young adults. So, if it leads to a military career, especially focused on leadership, character building and academics, I don’t think there’ll be that much pushback,” Miles said. “It’s (also) voluntary. We’ve got kids with interests in all kinds of different things, so we’re promoting that, a district of choice...”

HISD Director of Junior ROTC Programs Cornell McGhee said the military academy can help prepare students’ minds and bodies for success in any career.

“There are other school districts around the country that have been doing this for years,” he said. “So, we’re hoping that community gets on board with what we’re doing and will understand that we’re not creating soldiers, we’re recreating responsible citizens that are prepared to be successful in any other career fields that they choose.”

McGhee said he has seen positive changes in the attendance, behavior and discipline of students who participate in JROTC and similar programs, and is confident those benefits will extend to the military academy... 

Mr. Miles, I wish you the best in this effort. The language skills will definitely be a plus for any endeavor the kids go onto. And having discipline in the life of a teenager is essential, especially if the kid comes from a single parent home.