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« Do You Care About Your Liberties?Take Action - Keep the Heat on Senator Reid! »

Kagan Hearings Are Over -- Vote Coming! TELL YOUR SENATORS NO WAY

07/22/10

Kagan Hearings Are Over -- Vote Coming! TELL YOUR SENATORS NO WAY

The Senate Judiciary Committee voted to send the nomination of Elena Kagan to the full Senate floor on Tuesday.

The 13-6 vote was not a surprise. Democrats outnumber Republicans 12-7 on the committee, and their ranks include the anti-gun extreme wing of their party, such as Charles Schumer, Dianne Feinstein and Dick Durbin.

Six Republicans opposed Kagan, with only turncoat Lindsey Graham of South Carolina voting to confirm the anti-gunner.

As this important battle moves to the Senate floor, it is important to keep the heat on all Senators -- especially Democrats coming from rural states who claim to support the Second Amendment.

If a handful of these Senators vote NO on Kagan, her confirmation could be defeated.

While Kagan does not have a record of judicial opinions, her views on the Second Amendment are no mystery. Some things that have come to light since her nomination include:

* While serving in the Clinton administration, Kagan drafted an executive order to ban certain semi-automatic firearms;

* As a law clerk, she advised against the Supreme Court considering Sandidge v. United States in a case that questioned the constitutionality of the D.C. gun ban, writing that she was "not sympathetic" to the gun owner's Second Amendment claims; and

* Kagan was also part of the Clinton team that pushed the firearms industry to include gun locks with all gun purchases and was in the Clinton administration when the President pushed legislation that would close down gun shows.

During her hearings, Kagan ducked and dodged questions about the Second Amendment, and she refused to declare whether she believes the Second Amendment protects an individual right.

Kagan insisted that the Supreme Court decisions in Heller and McDonald are precedent and "settled law," but this in no way precludes her from ruling that almost any gun law -- including gun owner registration, purchasing limits, waiting periods, private sale background checks, and more -- are consistent with the Constitution.

Recall the confirmation hearings of Sonia Sotomayor, the newest Supreme Court Justice. Sotomayor assured the Senate, and the American people, that she accepted the Court's ruling in Heller that the Second Amendment protects an individual right.

Yet, in the McDonald case, Sotomayor joined the dissent in writing that "I can find nothing in the Second Amendment's text, history, or underlying rationale that could warrant characterizing it as 'fundamental' insofar as it seeks to protect the keeping and bearing of arms for private self-defense purposes."

Now Kagan has made the same promises to the Senate, but the available evidence portrays her as a forceful advocate of restrictive gun laws and driven by political considerations rather than the rule of law.

As GOA attorney William J. Olson, who testified at the hearings, noted: "If [Kagan] were to go on the Court, with what we know about her now, she could be the most anti-gun justice on that Court."

There is NO WAY any Senator who claims to support the Second Amendment could vote to confirm anti-gun radical Elena Kagan to the Supreme Court of the United States!

ACTION: Please urge your two Senators to oppose the confirmation of Elena Kagan to the Supreme Court. You can use the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send your Senators the pre-written e-mail message below.

----- Pre-written letter -----

Dear Senator:

I stand with Gun Owners of America in opposing the confirmation of Elena Kagan to the U.S. Supreme Court.

While Kagan does not have a record of judicial opinions, her views on the Second Amendment are no mystery. Some things that have come to light since her nomination include:

* While serving in the Clinton administration, Kagan drafted an executive order to ban certain semi-automatic firearms;

* As a law clerk, she advised against the Supreme Court considering Sandidge v. United States in a case that questioned the constitutionality of the D.C. gun ban, writing that she was "not sympathetic" to the gun owner's Second Amendment claims; and

* Kagan was also part of the Clinton team that pushed the firearms industry to include gun locks with all gun purchases and was in the Clinton administration when the President pushed legislation that would close down gun shows.

During her hearings, Kagan ducked and dodged questions about the Second Amendment, and she refused to declare whether she believes the Second Amendment protects an individual right.

Kagan insisted that the Supreme Court decisions in Heller and McDonald are precedent and "settled law," but this in no way precludes her from ruling that almost any gun law -- including gun owner registration, purchasing limits, waiting periods, private sale background checks, and more -- are consistent with the Constitution.

There is NO WAY any Senator who claims to support the Second Amendment could vote to confirm anti-gun radical Elena Kagan to the Supreme Court of the United States!

Please vote NO on the nominee's confirmation.

Sincerely,

__________________________________________

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1 comment

Comment from: Ross Wolf
Ross Wolf

Re: National Security: A Global Police State-Within-a-State

Following 9/11 Bush II set into motion counter-surveillance networks, that allowed NSA illegal wiretaps and surveillance of Americans private emails—allegedly to prevent terrorists attacking America. Subsequently U.S. Government counter-surveillance networks have become huge, supported by thousands of government employees and private contractors, many duplicating work. There are now tens of thousands of U.S. Government counter-surveillance agents, employees and private contractors monitoring U.S. Citizens private records and communications with no Congress or U.S. Citizens’ oversight. It is probable spies have already infiltrated private contractor industries stealing or buying vast amounts of intelligence information.

What thePost report does not mention, in the U.S., government-private contractors and their operatives work so close with police exchanging information to arrest Americans and or share in the forfeiture of their assets, they appear to have merged with police. Similarly in 1933 after the German Parliament building was set afire, Hitler used the fire as vehicle to use taxpayer money to expand his private police, the Gestapo and increasing merged it with German national security. Even before the Gestapo was consolidated with the German Government, the Gestapo arrested Citizens and confiscated private property with no legal authority.” However U.S. Government has already granted that power to private contractors. In 1939 all German Police agencies including the Gestapo were put under the control of the “Reich Main Security Office” the equivalent of U.S. Homeland Security.

Can History repeat itself? It is foreseeable that should there be a radical change in U.S. Government, many of the current government private contractors would continue working for e.g. a fascist U.S. Government; communist or other despot government against the interests of Americans. Consider the German police first work for a democracy; then under Hitler worked for the Nazi Fascists; then worked for the Soviet Union running the East German Police (Stasi) believed to be the world most oppressive police force until the German Wall came down.

Now consider the power Congress, perhaps negligently has given police and Black Box counter-surveillance entities; including private contractors to spy on U.S. Citizens. Under Bush II NSA illegally wiretapped your phone, fax and private email communications: Now NSA will monitor your Internet. In 2008 Telecoms were granted government immunity after they helped U.S. Government spy on millions of Americans’ electronic communications. Since, Government has not disclosed what happened to NSA’s millions of collected emails, faxes and phone call information that belong to U.S. Citizens? Could those wiretaps perhaps illegal, become a problem for some Americans? Neither Congress nor the courts—determined what NSA electronic surveillance could be used by police or introduced into court by the government to prosecute Citizens.

In 2004, former Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary” criminal prosecutions. That was shortly after a court case lowered a barrier that prior, blocked prosecutors from using illegal-wire tap evidence in Justice Dept. “Intelligence Files” to prosecute ordinary crimes. It would appear this information, may also be used by government to prosecute civil asset forfeitures.
See: http://www.securityfocus.com/news/5452

Considering that court case, it appears NSA can share its electronic-domestic-spying with government contractors and private individuals that have security clearances to facilitate the arrest and forfeiture of Americans’ property—-to keep part of the bounty. Police too easily can take an innocent person’s hastily written email, fax, phone call or web post out of context to allege a crime or violation was committed to cause an arrest or asset forfeiture.

There are over 200 U.S. laws and violations mentioned in the Civil Asset Forfeiture Reform Act of 2000 and the Patriot Act that can subject property to civil asset forfeiture. Under federal civil forfeiture laws, a person or business need not be charged with a crime for government to forfeit their property. Again, in the U.S., private contractors and their operatives work so close with police exchanging information to arrest Americans and or share in the forfeiture of their assets, they appear to merge with police.

Rep. Henry Hyde’s bill HR 1658 passed, the “Civil Asset Forfeiture Reform Act of 2000” and effectively eliminated the “statue of limitations” for Government Civil Asset Forfeiture. The statute now runs five years from when police allege they “learned” that an asset became subject to forfeiture. With such a weak statute of limitations and the low standard of civil proof needed for government to forfeit property “A preponderance of Evidence”, it is problematic law enforcement and private government contractors will want access to NSA and other government wiretaps perhaps illegal and Citizens’ private information U.S. Government agencies glean monitoring the Internet, to arrest Americans and to seize their homes, inheritances and businesses under Title 18USC and other laws. Of obvious concern, what happens to fair justice in America if police and government contractors become dependent on “Asset Forfeiture” to pay their salaries and operating costs?

Under the USA Patriot Act, witnesses including government contractors can be kept hidden while being paid part of the assets they cause to be forfeited. The Patriot Act specifically mentions using Title 18USC asset forfeiture laws: those laws include a provision in Rep. Henry Hyde’s 2000 bill HR 1658—for “retroactive civil asset forfeiture” of “assets already subject to government forfeiture”, meaning “property already tainted by crime” provided “the property” was already part of or “later connected” to a criminal investigation in progress” when HR.1658 passed. That can apply to more than two hundred federal laws and violations Government can forfeit property—requiring only “A Preponderance of Civil Evidence” little more than hearsay.

07/23/10 @ 12:56 am