A Conservative Majority

…my ass.

On Monday, the Supreme Clowns in black dresses effectively ruled that transgender “women” really are biological women, by finding their “identity” is valid and protected by discrimination law as “sex.”

That same day, that “conservative majority” band of idiots denied certiorari for every Second Amendment case that was pending. They haven’t heard a single one in nearly a decade.

And today, they ruled that DHS improperly ended the illegal DACA program — implemented by fiat, not by legislation or proper rulemaking under the Administrative Procedures Act –by not following the APA, and by not properly considering the feelz of the DACA illegal aliens.

This Court is so bad, the Babylon Bee can barely keep up with the Court of No Resort (for Constitutionalists). We’re another day closer to hunting season, damn it.

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Defund the Police?

To tell the truth, I favor that… in the long run. The problem is that you can’t get there from here. You have to go somewhere else first.

Back when I was still trying to write science fiction, the subject of how to maintain public order — “policing” — was one of my main themes. In my fictional universe, several options existed.

My characters arrived at those options by getting away from “here” in a few ways. Runaway inflation and heavy-handed policing (sound familiar?) led to more disorder. Civil disobedience on a large scale, followed by piecemeal rebellion. That was followed by actual deployment of military troops — including a attempted airstrike on US civilians. Full rebellion resulted from that, and the nation balkanized.

What was left of the United States was basically the northeastern seaboard states. The US went full totalitarian welfare/police state, with anything getting done through graft and bribes. One of my main — and possibly favorite — characters escaped from there, financing her way as a high-end teen escort. (This is where we’re currently headed.)

Macon, Georgia was pretty much cop-business as usual, with even more incompetence and inaction. What can you expect of a department that actually asks who your political and family connections are on the official job application? (I walked out without so much as putting my name on the app.)

Columbus, Ohio still had a police department, but its duties were limited to taking reports, collecting forensic evidence and witness statements, and running the jail. Actual investigations, and most apprehensions, were done by private parties; people involved or hired investigators. The police would sell case information to investigators. Exclusive access could be had for a higher price. (Probably the best model for the US, and what “policing” largely was until the nineteenth century.)

Most of my stories took place in space, where people generally left policing behind completely. They restarted with a clean slate, and opted for a civil process. Mostly; every habitat had its own ways, there was even a enforced people’s communist collective.

But overall, there were no laws. If someone was harmed, she worked it out with the offender, or filed a civil suit with an independent arbitrator, who is just a private person, not a government agent. If both offender and victim participate in arbitration, it’s binding. But if the alleged offender chooses not to play, so be it. The arbitrator may rule against him, but really can’t do much about it except make the offense very, very public with a notation that offender declined to make restitution. Ostracism is a big deal. One guy gets ostracized right out the airlock. Damn shame he’d pawned his pressure suit.

Dueling is rare, but happens. Security is personal, or hired security companies. Yes, some of them have nukes. Do not fuck with Ivan’s clients. Or, in the case of some clients, you might want to hope Ivan and family get to you first.

Of course, there were the aliens… whose ex-government had nuked its own citizens. They are not enamored of governments these days (take notes, Swalwell). There’s an unfinished story of the UN trying to deal with them…

At any rate, even at my most anarchocapitalistic phase, I never assumed humans are angels, and we could simply “defund the police” without a lot of trouble. If we do that now, we’ll get violent chaos.

But the totalitarian direction in which the government is headed will also force a violently chaotic reaction eventually. I don’t know what outcome we would arrive at. In my fiction, I could pick and choose events that drove society in the way I wanted it. Real life doesn’t work like that, no matter what our would-be social engineers think. They cannot impose their belief system on 328 million individuals. Whatever happens will be the averaged result of 328 million independent beliefs and actions; an unpredictable chaotic system.

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This why the IHME COVID-19 model is fraudulent

I mostly avoid the crappy IHME model now, but I happened to see a reference to it today. A quick comparison to reality made it very clear what they are doing.

This is IHME for Georgia, deaths per day; solid red is allegedly the real numbers, and the rest is projected. Note that their total deaths projection is actually fairly close to reality. But also note their curve.

IHME claims Georgia peaked at 100 deaths per day, and continues to have high spikes.

Now this is the actual deaths per day reported by Georgia. Deaths per day gradually increased, accelerated, peaked, and has been declining since mid-April. It peaked at 48.

Why are the numbers so different? Georgia’s graph shows daily deaths. IHME doesn’t; they save up days’ worth of reporting, then graph those days’ worth as occurring on one day. Thus, the total comes close to Georgia’s reality, but they get to generate continuing spikes that, when curve-fitted and projected, give a much higher and extended curve than reality. They “projected” 45 deaths for 4/29 and 4/30, based on that curve. Reality was 7 and 3, respectively.

Falsifying dates of death to generate continuing peaks is fraud. They’ve had plenty of time to look at the real data reported through multiple sources. If it was merely an error, they had plenty of time to correct it. They did not. They continue to use false data. They have no excuse for not noticing that they’re claiming a peak over twice as high as Georgia’s actual peak; 100 vs. 48.

Since they also know governments were using their model to make plans to deal with the outbreak, and knowingly provided — are still providing — a falsified model, I think a criminal investigation is warranted.

Added:For the slow, here’s a simplified example of how counting incidents on the wrong day skews the model. The vertical axis is Cases. The horizontal axis is Days.

example-graph

In this example, we had ten total cases, with 1 case occurring per day. That is graphed in black. The curve is flat.

But using IHME’s methodology…

Day 1: They report 1 case.
Day 2: skipped
Day 3: They added days 2 and 3, and reported both on day 3.
Day 4: skipped
Day 5: skipped
Day 6: Added days 4, 5 and 6 together, and reported all on day 6.
Day 7: skipped
Day 8: skipped
Day 9: skipped
Day 10: Added days 7, 8, 9, and 10 together, and reported all on day 10.

A much different curve, showing cases increasing now. But the total number of cases is the same.

Fraud.

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Arrest & Charge These Scumbags Already

There was a killing recently in Brunswick, Georgia. It’s BS. And everyone seems to be is covering for the killer.

Black man running through Brunswick neighborhood shot, killed
No one disputes that the son of a former Brunswick District Attorney’s Office investigator shot and killed Ahmaud Arbery, but he was not charged because he claimed he was acting within the scope of a citizen’s arrest.

Travis McMichael has avoided charges not because he was making a valid citizen’s arrest. He was not charged because he’s connected to the good ol’ boy network. His father, Greg McMichael, an accomplice in the murder, is a former District Attorney investigator.

911 transcript:

McMichael: “I’m out here at Satilla Shores and there’s a black man running down the street.”

911 dispatcher: “I just need to know what he was doing wrong, was he just on the premises and not supposed to be?”

McMichael: “And he’s been caught on the camera a bunch before at night. It’s an ongoing thing out here.”

Even when asked directly, McMichael did not articulate any actual offense, no probable cause for an arrest, citizen’s or police.

According to the police report, McMichael was calling called for his son, Travis, who “grabbed his shotgun because they didn’t know if the male was armed or not.”

Police said the elder McMichael armed himself with his .357 handgun…

Planning with aforethought, they armed themselves. Without probable cause.

…and the two followed Arbery for two blocks before, according to the report…

They unnecessarily — without probable cause — followed the victim, placing themselves in their perceived danger.

McMichael shouted: “Stop, stop we want to talk to you.” They pulled up next to him and police said the former investigator’s son “exited the truck with a shotgun.”

Travis McMichael initiated the encounter, aggressively approaching the victim with a weapon.

McMichael told police Arbery then “violently attacked his son, and the two men started fighting over the shotgun…

No. An “attack” would have been Arbery approaching McMichael and initiating aggression. McMichael presented himself as a reasonably viewed armed threat. Arbery, if we even believe this account, defended himself.

If some stranger pulled up to me in a truck, shouting, then jumped out and came at me with a shotgun, I’ll sure as hell defend myself. And I won’t be unarmed.

In fact, I recall an incident several years ago. I was in the Air Force, TDY to Wright-Pat, and on an odd shift. For exercise, I went on walks through the surrounding neighborhood. One evening, a car pulled up. A man addressed me politely, identifying himself as a police officer. He and his partner got out of the vehicle without drawn weapons. They politely explained there had been burglaries in the area, and politely asked me a few reasonable questions to determine that I was not connected to them. They left. I went back to my hotel. No shouting, no guns drawn, no shooting. That’s not what these killers did.

Travis McMichael fired two shots, killing Arbery. Police said the McMichaels rolled Arbery over to see if he a weapon before. No weapon was found.

I’ve yet to see a photo of the shotgun, or any statement of make and model. Statistically, it’s most likely to be a pump-action shotgun. This suggests that Travis McMichael shot unarmed victim Arbery at near-contact range with a shotgun (i.e.- massive damage), racked the slide, aimed, and fired a second time. At an unarmed man, in an encounter he initiated himself.

All this because Arbery had been seen regularly jogging through the neighborhood, “a bunch before.” Without having witnessed Arbery commit a crime, they assumed he had burglarized someone else’s under-construction house. They weren’t even the alleged victims of that crime.

Without probable cause, they decided to pursue Arbery, armed themselves, got into a vehicle, chased down an unarmed man, and shot him to death.

Anyone not in the good ol’ boy network would have been arrested, charged with first degree murder, and have bond set in the multiple $100Ks.

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HOAs Behaving B/a/d/l/y/ Criminally

I’ve seen some bad HOA reports, but this one takes the cake house.

“As a result of your actions, we will be invoking section II, Article 4 of the Bylaws, which allows the Board to foreclose on any property that is in violation.
[…]
If you are an owner, you or your tenants must vacate the property by April 30, 2020. You will still be responsible for any liens on your property, including mortgages.

Attorneys, please weigh in. I think I see a few issues here.

1. First off, the eviction notice appears to violate Tennessee eviction law, which I understand requires allow the resident an opportunity to “cure” the alleged offense, not to mention certain time frames (and specific reasons which don’t seem to include working from home in an emergency).

2. The HOA will “foreclose”? The HOA is the mortgage holder? That seems unlikely, as buyers normally get their own mortgages from whomever will give them the best rate.

3. Now, if the HOA believes that working from home during a pandemic somehow damages the Association so badly that they are entitled to these homes in recompense, wouldn’t they need to file a lawsuit and win, first?

4. If the HOA is the mortgage holder, and can theoretically foreclose, even that must follow state and federal law. This appears not to.

5. If the HOA is simply deciding to take the home, leaving the owner of record on the hook for the mortgage — presumably so it can resell the home to another sucker — that would seem to my unlawyerly mind to be theft (the unauthorized taking) and fraud (selling someone else’s property to another party). Isn’t that massively criminal?

6. Assuming #5, isn’t this a an organization (the HOA company/corporation) conducting an organized criminal action? Looks like a RICO case to me.

OK, attorneys; tell me where and how I’m wrong. Or right.

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HB 6201: Oh. My. God.

I need some sharp eyes and minds to cross-check me on something. Because if I’m reading HR 6201 correctly, the nation is fucked.

The relevant section is SEC. 110. Public health emergency leave, which now requires paid family medical leave.

The kicker that concerns me is (a)(1)(B).

“(B) EMPLOYER THRESHOLD.—Section 101(4)(A)(i) shall be applied by substituting ‘fewer than 500 employees’ for ‘50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year’.

The existing language in 29 USC 2611 was

(4) Employer
(A) In general

The term “employer”-

(i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year;

So the previous language only applied to businesses employing more than 49 people; it protected small businesses. Now it becomes

(i) means any person engaged in commerce or in any industry or activity affecting commerce who employs fewer than 500 employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year;

To me, that appears to say that paid leave requirements now only apply to small businesses of 499 or fewer, and that big corporations are no longer required to give even unpaid leave. They completely reversed the threshold??

If I’m reading this right — please, please check me — to survive, small businesses must immediately lay off their people and hire temp workers. And every employee of big companies just got the shaft.

This was Democrat-sponsored bill. They apparently just bent every worker in the country over a table and butt-fucked them. With sand.

And it was a bipartisan butt-bang. The House passed it 363-40 and the Senate passed it by a whopping 90-8.

Surely I’m reading this wrong, and both Dem and Reps didn’t decide to kill their parties.

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[Updated] COVID-19 Emergency: Camden County, GA Oversteps Its Authority

Update: Commission Chairman Jimmy Starline (District 3 commissioner) called me. He said that he has referred the matter to their attorney for review.

1. He stated that the county has no desire to stop firearm sales. He didn’t address the rest.

2. He said he assumes they simply copied state law on emergency powers. I noted that their clause differs significantly from state law on the governor’s powers. He said the law probably used to be different. To that, I pointed out that state preemption passed several years ago.

3. He did not say if they would inform law enforcement that the clause is unenforceable, which is my major concern. I hope he, or the attorney, note the clause in 16-11-173 that makes the county subject to lawsuits if some jacked up cop tries to enforce it.


What with the COVID-19 stuff going on I had occasion to notice a little something. Camden County declared a state of emergency. I’m chagrined that I hadn’t reviewed the county emergency code before. Sometimes I get too caught up in federal and state laws and legislation.

I sent my county commissioners a little letter.


Good day,

While reviewing Camden County Code Chapter 22, I noticed something which I think you need to correct.

Camden County Code Sec. 22-40. Emergency powers.
(c) The chairman of the board of commissioners shall have and may exercise for such periods as the state of emergency or disaster exists or continues the following emergency powers:

(5) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives or combustibles;

The power to regulate firearms in an emergency is reserved to the governor under O.C.G.A. § 38-3-51.

(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; provided, however, that any limitation on firearms under this Code section shall not include an individual firearm owned by a private citizen which was legal and owned by that citizen prior to the declaration of state of emergency or disaster or thereafter acquired in compliance with all applicable laws of this state and the United States; and

Moreover, under O.C.G.A. § 16-11-173, the state preempts regulation of firearms. County and municipal governments are specifically forbidden doing so.

(b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms; firearms dealers; or dealers in firearms components.

I would appreciate a very timely correction to Chapter 22, and written notice to county and municipal law enforcement agencies that Sec. 22-40.(c)(5), as it pertains to firearms, will not be enforced pending revision.

Thank you for your attention in this matter.

Sincerely,

Carl “Bear” Bussjaeger


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3D-Printed “Guns”: Questions for Lawyers

What with various state and federal bills intended to ban 3D-printed firearms…

Suppose someone prints up the parts for a working firearm, and is arrested.

At trial, he argues that it is not a firearm, but mere a model to make a lawful injection molded — with a stronger, Barium sulfate infused, fiber-filled polymer — firearm. And he presents as evidence the mold made with the 3D-printed parts…

…complete with metallic serial number plate and a metal insert to comply with the Undetectable Firearm Act.

Perhaps the model parts could even be assembled into a “firearm” that could get one shot off before blowing up. But they weren’t printed to be assembled other than to test for fit.

1. Is that collection of 3D-printed parts a firearm?

Now let’s take this a little further. What about the 3D printer files; the instruction set that tells the printer how to build the part. Those files got called munitions under ITAR, and Internet distribution got shut down. Then back up. Then the Trump administration moved to take them off the ITAR list altogether. The last I heard a judge in Washington state ordered an injunction against the change.

Rep. Douche [D-FL] is trying to moot the whole thing with H.R.3265 – 3D Printed Gun Safety Act of 2019, to

“(aa) It shall be unlawful for any person to intentionally distribute, over the Internet or by means of the World Wide Web, digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver.”.

But now the file is an instruction set for a model, from which a mold can be made, which in turn is used to injection mold a federally compliant handgun.

2. Does this file dodge HR 3265?

These questions would also apply to polymer “80% frames” like plastic Glock-compatible kits.

Please discuss in comments below. Have fun.

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An Open Letter to Professor Steven P. Grossman

TO: Steven P. Grossman (sgrossman@ubalt.edu)
CC: newstips@baltimoresun.com, OGPA@ubalt.edu
SUBJECT: An Open Letter to Professor Steven P. Grossman

Sir,

Regarding your opinion column:

The right to bear arms is not absolute
https://www.baltimoresun.com/opinion/op-ed/bs-ed-op-0217-second-amendment-right-to-bear-arms-20200217-wjekvvhasvfntmutnyaospgrmq-story.html

You should be ashamed of yourself. Deliberate false equivalence in a professor should be grounds for a university investigation of whether your anti-rights position has colored your actions as dean.

Do you think it is permissible to yell “fire” in a crowded movie theater in order to create a panic? How about whether it is legal to speak to a crowd and tell them to go out and shoot the first police officer they see, or homeless person or teacher?
[…]
While virtually everyone accepts such a common sense limitation on the First Amendment, there are those who argue that anyone who proposes limitations on the possession of guns is an opponent of the Second Amendment’s right to bear arms.

I see what you did there. When an ignorant layman does that, I’m willing to consider the possibility that it is attributable to mere… ignorance. When a law professor equates MISUSE/ABUSE of a right to simple, lawful, and harmless exercise of right, I know it’s purely malicious.

You pretend that lying and threatening are the First Amendment equivalents of the Second Amendment right to POSSESS a tool.

Before you wrote that despicable screed did you fill out a federal form and ask permission from the government to buy the computer on which you composed the column? Did you undergo a prior restraint background to prove your innocence before even obtaining the inanimate tool you used to exercise your First Amendment right to voice that opinion? Did you use a 1980s Intel 80286 computer limited to 768K RAM, because only the military needs a high speed, high capacity Pentium with 8 GB?

Did you get a license to possess your mouth, just in case you might lie to a student — or Baltimore Sun readers? Did you undergo a background check to possess your typing fingers?

Do University of Baltimore School of Law students undergo background checks before purchasing textbooks, or writing class papers?

Yes; threats, lies, incitement to violence are abuses of free speech rights, and we punish people for that. Likewise, assault and murder using firearms are abuses of the right to keep and bear arms. As a law professor I would expect you to know that those are also unlawful and we punish those offenders.

Buying and possessing a firearm differs not from buying and possessing a computer, telephone, megaphone, pen, or pencil. The ABUSE that must be controlled is not the same thing as possessing a tool with the potential to be abused.

Reasonable laws limiting the possession and sale of certain guns are clearly not violative of the Second Amendment. Such laws include but are not limited to those banning weapons, such as the AR-15 designed for combat…

If you believe that modern AR-pattern semiautomatic rifles were designed as military weapons (despite the fact that no nation on the planet generally issues semiautomatic rifles to its regular troops), then how do you square banning them with the precedent of U.S. vs. Miller, 1939, in which the Supreme Court found that short-barrel shotguns could be regulated because they had not been shown to be a weapon used by the military? The Court specifically said that the Second Amendment does protect the possession of military arms. An honest law professor would know and admit that.

Your disdain for basic, constitutionally protected human rights disgusts me.

Sincerely,

Carl “Bear” Bussjaeger

Speaker “Alzheimers” Pelosi: Brazen Criminal

Last night, Speaker of the House Pelosi indulged in a bit of petty political grandstanding. She methodically ripped up the State of the Union report which Trump had handed her prior to his address.

 

Most folks seem to see this as either dissing the Prez, or standing up to the Orangeman Bad, depending largely on party affiliation. I see it as a violation of 44 U.S. Code § 3106. Unlawful removal, destruction of records.

A lot of people forget that the SOTU address isn’t the real Constitutionally-required SOTU report. It’s just a speech. Presidents didn’t even do the speech until Woodrow Wilson decided it would be a great PR move. The formal report is the document Trump handed her.

Some may wish to argue that the papers were merely a transcript of the speech and not the report. But that was still a formal document presented to Congress by the President of the United States, a public record. She destroyed it. That’s a crime.

Best case for Pelosi is that she’s too far gone mentally to understand that she’s not supposed to destroy records. In that case, she needs to be removed from office for mental incompetence.

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