A mentally handicapped woman who narrowly escaped a forced abortion in Nevada has delivered a healthy baby
(Posted by Bryana Johnson on May 13, 2012)
In November of last year, the case of mentally-handicapped Elisa Bauer attracted nationwide attention when a Reno, Nevada judge asserted that he had the right to force the Catholic woman to undergo an abortion and sterilization against her will.
Elisa Bauer of Washoe County is a 32-year-old woman who suffers from fetal alcohol syndrome. Adopted by William and Amy Bauer in 1992, Elisa is an epileptic who reportedly has the mental and social capacities of a six-year-old. Her parents, who retained their guardianship over her and had legal authority to make final decisions concerning her health and welfare, sympathized with Elisa’s insistence on carrying the baby to term, and had six qualified couples lined up, who were eager to adopt the baby, even if he or she turned out to be a special needs child. The parents were also providing Bauer with appropriate pre-natal care for a high-risk pregnancy.
However, when Washoe County Social Services expressed their concern that Bauer’s pregnancy would be detrimental to her health and that of her then-unborn baby, the case went to court, where Judge Egan Walker reportedly asserted, “I have inherent authority to [override the wishes of Elisa’s parents] because the court appointed the guardians and they are agents of the court.” The court-summoned doctor recommended abortion and sterilization in no uncertain terms, stating, “End this pregnancy and tie her tubes.”
Fortunately for the Bauer family, the story prompted outrage across the nation, as readers scrambled to file petitions and place phone calls and express their views in strong terms. Kirsten Anderson of LifeSiteNews, who originally broke the story, writes,
“The stories we posted about the case spread like wildfire around Facebook and Twitter. Readers were understandably horrified that something like this could happen in America. They wanted to know what they could do to stop it. Rebekah O’Brien, our social media coordinator, suggested they call the judge’s office and make their voices heard. She provided his contact information. Our readers filled his voicemail box with messages until the system couldn’t store any more. After that, they called the governor. That was about the time the court started changing its tone.”
Elisa’s adoptive father, William Bauer, wrote on the facebook support page, Save Elisa’s Baby,
“Even though the judge proclaimed that our religious views were of no effect in his courtroom; even though the judge clipped our statements and said he wanted only expert opinions; even though he brought in several experts, including lawyers, who wanted death for the baby; even though the judge treated us parents as if we sat on the stoop of our trailer eating pork and beans out of the can and watching re-runs of He Haw... Elisa's baby won a right to be born. Our attorney, supplied by the Thomas More Foundation and by another pro-life group, arranged a mediated conclusion to the treachery planned. We gave up our guardianship in trade for the life of our grandchild. The due date is May 11, 2013. The baby appears normal, and, since Elisa's retardation is not genetic, the baby will probably have normal intelligence.”
On May 2nd, Elisa Bauer gave birth to Cierra Marie, a healthy, full-term baby. The Bauer family’s lawyer, Jason Guinasso, wrote, “She is sweet and good natured. By all measures, she is perfectly healthy and sublimely beautiful.” Guinasso said that a loving adoptive family has been identified for baby Cierra, adding, “I can't adequately express how seeing her face makes my heart full.”
(This article first posted at The Washington Times Communities.)
Pro-life protest on the US Supreme Court steps
40 years after the infamous Roe v. Wade ruling, where does America stand on abortion -- and how did
we get here?
(Posted by Bryana Johnson on April 27, 2013)
Abortion has been legal in the US since 1973, when the passage of Roe v. Wade divided the nation on lines that still separate the champions of unborn life from the advocates of the woman’s right to choose. For a generation of young adults who have no memory of the years before abortion was legal, it may seem that this conflict is interminable and has no end. However, while the battle is still raging as fiercely as ever, in recent years some signs have appeared that seem to indicate a shift in the tide of popular opinion.
In 2009, a Gallup poll indicated that the majority of American adults were identifying as pro-life, rather than pro-choice. Gallup commented, “This is the first time a majority of U.S. adults have identified themselves as pro-life since Gallup began asking this question in 1995.” Since that date, subsequent polls show that the pro-life majority has remained more or less constant.
What occasioned the shift? While it’s hard to say for certain, it’s undeniable that technological advances have enabled physicians and ultrasound technicians to gain more understanding than ever before of the nature of life inside the womb. 3D ultrasounds allow parents to see lifelike photographs of their unborn children and the vast accumulation of medical experience that has occurred since 1973 points relentlessly to the complexity and humanity of the fetus.
Disillusionment with the nation’s largest abortion provider, Planned Parenthood, may also have something to do with the trend towards cultural acceptance of the pro-life message. Virgina-based student activist group, Live Action, started by then-fifteen-year-old Lila Rose, has generated nation-wide media coverage with their videos exposing Planned Parenthood corruption. Other reports from former Planned Parenthood employees have drawn attention to the massive fraud perpetrated against taxpayers by the abortion giant.
However, it is not far-fetched to surmise that the biggest factor influencing this astonishing and even unexpected trend is the accumulated testimony of hundreds who have come out of the abortion industry or have experienced abuse at its hands. From abortion survivors to post-abortive women, to former employees of abortion providers, to victims of botched abortions at the hands of physicians like Kermit Gosnell, the cries proclaiming the brutality of the industry have becoming impossible to ignore.
Nurse Kathleen Malloy of Jacksonville Florida writes of her own experiences in this disturbing fashion,
“I worked the 11 p.m. to 7 a.m. shift, and when we weren’t busy, I’d go out to help with the newborns. One night I saw a bassinet outside the nursery. There was a baby in this bassinet – a crying, perfectly formed baby – but there was a difference in this child. She had been scalded. She was the child of a saline abortion.
This little girl looked as if she had been put in a pot of boiling water. No doctor, no nurse, no parent, to comfort this hurt, burned child. She was left alone to die in pain. They wouldn’t let her in the nursery – they didn’t even bother to cover her. I was ashamed of my profession that night! It’s hard to believe this can happen in our modern hospitals, but it does. It happens all the time. I thought a hospital was a place to heal the sick – not a place to kill. While doctors will go to extraordinary lengths to save the lives of premature babies such as these, babies born alive during abortions at the same age are left to die.
I asked a nurse at another hospital what they do with their babies that are aborted by saline. Unlike my hospital, where the baby was left alone struggling for breath, their hospital puts the infant in a bucket and puts the lid on. Suffocation! Death by suffocation!”
Supporters of legal abortion are quick to dismiss such heartbreaking anecdotes as addressing circumstances unique to late-term abortions, which they tout as being only a miniscule portion of abortions performed in the US. However, it is a telling observation concerning the entire industry that it has repeatedly opposed all legislation restricting these brutal late-term abortions. In a shocking incident in March, a Planned Parenthood representative from Florida went so far as to voice support for “post-birth abortions.” Fortunately for humanity, the vast number of Americans don’t concur, and the majority seems to be slowly but surely pulling away from this callous attitude.
Last month, Kentucky Senator Rand Paul introduced his long-awaited Life At Conception Act before the US Senate. Such bills have been ridiculed for years as useless, and dismissed as attempts on the part of politicians to pander to the pro-life voting bloc. But, despite the fact that Paul’s Life At Conception Act is unlikely to ever get a vote in the US Senate, there is still something different about this year’s bill.
What’s different is that this year, for the first time since the war on abortion became main-stream in the US, two states have already passed historic legislation stating that life begins at conception and that unborn persons must be afforded all of the rights and protections offered under the US Constitution to all persons.
Just a few years ago, it seemed this kind of legislation could never be passed. Yet Kansas’ bill was signed into law by Governor Sam Brownback last week, a testimony to how much can be done by dedicated activists with science on their side. The new law reads,
"On and after July 1, 2013, the laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development, all the rights, privileges and immunities available to other persons, citizens and residents of this state, subject only to the constitution of the United States, and decisional interpretations thereof by the United States Supreme Court.”
The new law bans abortion providers from providing sex-education materials for schools and from accessing public funds or tax breaks. It also requires doctors to provide material about fetal development and resources to help pregnant women. Additionally, the law bans sex-selective abortions.
North Dakota’s bill has not yet been signed by Governor Dalrymple, but provides for a statewide referendum to be on the ballot in 2014.
Obviously, neither of the bills directly address the issue of banning abortion entirely. Legislators say they are hoping the new language will prompt a lawsuit that will end up at the Supreme Court level and result in the annulment of the infamous Roe v. Wade ruling. That they’ve made it that far is a cause for great jubilation in the ranks of the pro-life movement, and serious consternation among the supporters of legal abortion.(First posted at The Washington Times Communities.)
Does the new birth control mandate "compromise" really do anything to protect religious freedom?
(Posted by Bryana Johnson on Feb 5, 2013)
The Obama administration sparked a massive controversy last year when it was announced that a new federal mandate would require all health insurers and employers to include coverage in their health plans for every form of contraception approved by the FDA. The mandate also required coverage for sterilizations.
Faith groups who teach against the use of contraceptives became immediately fearful that such a mandate would force violations of conscience. Some Catholics view every form of contraceptive use as sinful. A far broader base of Christian people accepts the use of most contraceptives but opposes the use of abortifacient “emergency contraception,” like the “morning-after pill.”
Unfortunately, the Obama administration did little to allay their fears. While the mandate included a religious exemption, it only applied to church organizations themselves. It did not apply to church-affiliated non-profit institutions, such as hospitals, or to employers. An amendment was proposed that would have made provisions for employers to “refuse to include contraception in health care coverage if it violated their religious or moral beliefs.” The Blunt Amendment was voted down 51-48 by the U.S. Senate last March.
Between then and now, nothing much has changed. After an unsuccessful appeal to the Unites States Supreme Court, the Christian owners of the craft store chain Hobby Lobby announced at the beginning of this year that they would refuse to add the contraceptive coverage to their employee insurance plan. According to NPR, their attorney stated that they consider the emergency contraceptives “tantamount to abortion.” The company faced up to $1.3 million a day in fines for defying the mandate. Two weeks later, however, it was learned they had discovered a way to delay the fines. Peter M. Dobelbower, the company's general counsel, stated, “Hobby Lobby discovered a way to shift the plan year for its employee health insurance, thus postponing the effective date of the mandate for several months.” But their time is running out.
Late last week, the Obama administration released a new version of the infamous birth-control mandate. Religious and pro-life groups were hoping the new regulations would spell out broader conscience rights for employers – like the Hobby Lobby owners – and institutions whose faith prohibits them from funding sterilization and various forms of contraception. Sadly, after examining the altered version of the mandate, pro-life legal groups have bad news. The new proposal barely changes existing policy and still allows for no business or individual opt-out, they say.
Dr. Charmaine Yoest, CEO and President of Americans United for Life, stated Friday, “With another phony compromise, the Obama Administration continues to insult the intelligence of the American people and trample our Constitutionally-guaranteed rights.”
LifeNews reports of the new proposal that it will not have any impact on businesses run by people of faith, such as Bible publisher Tyndale House or Hobby Lobby. They also explain that it “provides no options for individuals seeking plans that accommodate their values on the exchanges.”
So, what does the new proposal do? Well, the only major difference for people of faith seems to be that the religious exemption has been modified so that it no longer specifies that churches must have “inculcation of religious values” as their purpose and primarily employ and serve people of their same faith in order to qualify for the exemption.
This doesn’t sound like much of a concession, once you get down to it. The change only broadens the definition of a church for the purposes of the exemption, and does nothing to protect the conscience rights of for-profit employers and individuals.
The absurdity of this state of affairs is truly remarkable. To state it plainly, the Obama administration has conceded the right of churches to opt-out of participating in the funding of procedures their faith prohibits, but won’t provide the means for members of these same churches to avoid violating the dictates of their faith in their workplaces. What is the point of protecting the rights of a church as an institution and then trampling the rights of the individuals that comprise that same institution?
Senator Rand Paul: "I’m afraid that President Obama may have this king complex sort of developing, & we’re going to make sure that doesn’t happen."
(Posted by Bryana Johnson on January 18, 2013)
President Obama yesterday released a list of descriptions of the 23 executive orders he is planning to put into place following an extended national debate regarding gun control. While some of these descriptions are so vague and redundant that they add practically nothing to our understanding of the President’s plans, others are plainer and more alarming.
All are confirmation that an arrogant and authoritarian approach to guns on the part of our leadership is imminent. All demonstrate powerfully the presence of a deadly epidemic in our national consciousness. That epidemic is our population’s ill-founded and seemingly inexorable insistence on trusting in authority figures to fix everything, to always know what to do, to make everything better for us.
Fortunately for the American people, Senator Rand Paul is one legislator who doesn’t seem to be suffering from this malady. Consequently, he released a plan of his own yesterday.
“In the United States, we do not have a king. But we do have a Constitution. We also have a 2nd Amendment. I will fight tooth and nail to protect it,” he wrote on his facebook page. “There are several of the executive orders that appear as if the President is writing new law. That cannot happen. My bill will nullify anything the president does that smacks of legislation. No president should be allowed to overstep the bounds of the Constitution.”
Paul’s bill is called the Separation of Powers Restoration and Second Amendment Protection Act of 2013 and it has several purposes. The first purpose is to condemn the use of executive orders which undermine the powers reserved for Congress. The bill points to Article I of the Constitution, which states, “All legislative powers herein granted shall be vested in a Congress of the United States.”
The bill then declares that the President’s recent executive actions and impending executive orders “could be construed to describe an attempt by the executive to make laws in violation of the Article 1, Sec. 8 of the Constitution and the 2nd Amendment.”
A Capitol Hill source reportedly told The Daily Caller that Paul’s legislation is “expected to do three things: nullify Obama’s executive orders, defund them and ask the Senate to file a court challenge to them.”
“I’m afraid that President Obama may have this king complex sort of developing, and we’re going to make sure that doesn’t happen,” Paul said in an interview with Hannity Wednesday night.
The Kentucky Senator didn’t limit his criticism of executive action to the current President, however. “It's been a long battle that we've been losing gradually and even Republican presidents have also usurped their executive privilege to exert more authority than the constitution gave them. But, you know, our founders looked to Montesquieu, and Montesquieu wrote that there can be no liberty when you combine the executive and legislative powers.”
Paul says his bill should be introduced early next week.
But Senator Rand Paul is not the only one to challenge the President, and there is reason to believe that his bill will receive widespread support from citizens all over the nation. State legislators, sheriffs, and other authority figures from a number of other states, including Mississippi, Missouri, Texas, Tennessee, Wyoming and Oregon have offered negative responses to the President’s actions.
Mississippi Gov. Phil Bryant said in a letter to Mississippi House Speaker Phil Gunn and Lt. Gov. Tate Reeves that the president's Executive Order "infringes our constitutional right to keep and bear arms as never before in American history. I am asking that you immediately pass legislation that would make any unconstitutional order by the President illegal to enforce in Mississippi by state or local law enforcement,” he added.
In a letter to Vice President Joe Biden, Oregon Sheriff Tim Mueller wrote, "We must not allow, nor shall we tolerate, the actions of criminals no matter how heinous the crimes to prompt politicians to enact laws that will infringe upon the liberties of responsible citizens who have broken no laws." He added that he would not enforce any laws which “offended the constitutional rights” of residents in his district.
Early in the week, Texas State Rep. Steve Toth declared that he will be filing legislation to "assist the protection of the Second Amendment." The Firearms Protection Act would make "any federal law banning semi-automatic firearms or limiting the size of gun magazines unenforceable within the state's boundaries.” He also explained that "anyone trying to enforce a federal gun ban could face felony charges under the proposal."
"We can no longer depend on the Federal Government and this Administration to uphold a Constitution that they no longer believe in," Toth said in a statement. "The liberties of the People of Texas and the sovereignty of our State are too important to just let the Federal Government take them away."
Vice President Joe Biden says Obama may resort to another executive order to deal with the gun control debate
(Posted by Bryana Johnson on January 10, 2012)
If there’s one thing Vice President Joe Biden is not known for, it’s that rare combination of intelligence and eloquence so crucial to those who live in the fixed glare of the national spotlight. Biden’s mouth is not exactly a fountain of life from which wisdom and understanding pour forth abundantly. Indeed, his mouth seems to spend more time hosting his foot that it does emitting words of knowledge. Nevertheless, there has not yet been any suggestion that his particularly inflammatory statement of this morning was any kind of gaffe.
"The president is going to act," Biden said Wednesday, regarding the touchy issue of gun control. "Executive order, executive action can be taken, we haven't decided what that is yet. But we're compiling it all with the help of the attorney general and all the rest of the cabinet members as well as legislative action, we believe, is required. [sic]"
This statement came as the Vice President was preparing to meet with groups representing survivors of mass shootings. Biden was appointed by President Obama in December to oversee a new task force assembled to provide "concrete proposals” for the reduction of gun violence.
In his statement he called the issue of gun control a “moral issue” and stated that "it's critically important that we act. As the president said, if your actions result in only saving one life, they're worth taking. But I'm convinced we can affect the well-being of millions of Americans and take thousands of people out of harm's way if we act responsibly.
Politicians make mistakes. And that’s OK. We the people are – often unwisely – very forgiving. We will forgive a leader’s embarrassing misstatements, his or her injudicious metaphors, slips of the tongue, and unexpected moments of public confusion.
Speaking in Ohio in 2008, Biden famously said, "Look, John's last-minute economic plan does nothing to tackle the number-one job facing the middle class, and it happens to be, as Barack says, a three-letter word: jobs. J-O-B-S, jobs."
We can forgive the Vice President for forgetting how to count to four in a tense moment and before the prying eyes of millions of American people. Millions of American people can forgive this, have forgiven it, have ceased to think about it anymore. What we cannot forgive, what we must not forgive, is a statement like the one the Vice President made today.
We have pardoned little unintentional insults and innuendos and manifestations of human error and finite capabilities. What is unpardonable in a leader of our nation is the suggestion that at his whim he intends to throw out our history and our legislation and our hard-won liberty in order to replace it with a vision that violates our trust in him. What is unpardonable in a man who occupies such a position of trust over us is the glib arrogance that disregards the very oath of office which binds him where he stands and subordinates his visions to our particular set of laws. What is unpardonable in our executives is a vision which trespasses on the Constitution they have sworn to protect.
Article 1, Section 1 of this Constitutions states,
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
What is unpardonable in a leader of this great nation is the seizing of such powers as belong to other representatives and the forcing of his will upon an unwilling and divided citizenry. This is what is unpardonable in both Vice President Joe Biden and President Obama himself. (First posted at the Washington Times Communities)
Senator Rand Paul warns indefinite detention is back: a House-Senate committee led by Sen. McCain has presented a new draft of the 2013 NDAA bill – without the Feinstein-Lee amendment
(Posted by Bryana Joy on December 21, 2012)
Just a month ago, Kentucky Senator Rand Paul was making headlines by threatening to hold up the 2013 NDAA bill. The NDAA is a federal law that is passed every year, specifying the budget and expenditures of the US Department of Defense, although each year's act also includes other provisions. Paul’s demand was for a vote on an amendment to secure the right to a jury trial.
“If you don't have a right to trial by jury, you do not have due process. You do not have a Constitution. What are you fighting against and for if you throw the Constitution out?” he pleaded in an address before the Senate on November 30th.
As anyone knows who stayed up into the wee hours of the morning on the night of the 30th with c-span on their screens and their hearts pounding, he seemed to win a quite glorious victory.
Amendment #3018, which was introduced by California Sen. Feinstein and Mike Lee of Utah and enthusiastically supported by Rand Paul, passed the Senate by a wide margin of 67-29 that night. It provided that,
“an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States unless an act of Congress expressly authorizes such detention.”
Many embraced this amendment as a solution to the wildly unpopular clause in Section 1021 of the 2011-2012 NDAA, which provided for the indefinite detention without trial of American citizens judged to be involved in terrorism or “belligerent acts” against the US.
Others were not so sure, insisting that the line about an Act of Congress “expressly authorizing such detention” was a loophole allowing for Section 1021 to remain in effect. Congressman Justin Amash stated,
“Well, that Act of Congress is the 2012 NDAA, which renders the rest of the Feinstein amendment meaningless.”
Mike Lee offered his full response countering Congressman Amash’s concern on his website.
On the whole, most defenders of freedom seemed to agree that, if not perfect, amendment #3018 still offered some protections to American citizens. Texas Congressman Ron Paul, a practically legendary champion of liberty, wrote on his facebook page,
“I applaud the Feinstein-Lee amendment for moving the debate forward. In the House most Republicans believe that a habeas hearing is sufficient for due process. The Feinstein-Lee amendment makes clear that anything short of a jury trial is not due process.”
Today, Senator Paul had some sad news to announce: A House-Senate conference committee led by Senator John McCain has stripped amendment #3018 from the new draft of the NDAA bill. Senator Levin confirmed this, saying, “The language of the Senate bill was dropped,” but, according to Politico’s Juana Summers, declined to offer any further comments.
"The decision by the NDAA conference committee, led by Sen. John McCain (R-Ariz.) to strip the National Defense Authorization Act of the amendment that protects American citizens against indefinite detention now renders the entire NDAA unconstitutional," Sen. Paul warned.
“When I entered the United States Senate, I took an oath to uphold and defend the Constitution. It is for this reason that I will strongly oppose passage of the McCain conference report that strips the guarantee to a trial by jury,” Paul further elaborated.
The good news is that your senators took that same oath. The bad news is that they need regular and animated reminders of the fact. The good news is that you have the opportunity to give them exactly that.
Now is as good a time as any to dial up both of your two senators at all of their offices and leave your message explaining the latest developments in the struggle for individual liberty. Remind them of their oath. You might also need to remind them that you watch, you listen, you care and you vote. They had better do the same.
(This article was first posted at The Washington Times Communities.)
A woman waits to hear news of her sister, a teacher at Sandy Hook
Why the nightmare school shooting in Newton, CT means we need more guns
(Posted by Bryana Joy on December 15th, 2012)
In an incident that has stunned America, on Friday morning a young man whose mother was a teacher at Sandy Hook elementary school in Newton, walked into the school with four guns and brutally massacred nearly thirty people, including his mother, the principal, the school psychologist, and twenty young children. The suspect has been identified as 20-year-old Adam Lanza. Officials have stated a dead body was found in the suspect’s home.
After working his will on the defenseless children and staff members of Sandy Hook, Lanza reportedly killed himself inside the school.
There is not yet enough information available about this incident to enable us to form a complete mental picture of the horrific episode, but if it was like the other tragic school shootings that have occurred in our nation’s history, it was a nightmare of unbelievable carnage.
We must imagine the terror of hundreds of students as they learned that their school was going under lockdown and that a gunman was loose on the premises. We must imagine the horror of parents who received the automatic call to their phones, alerting them to the fact that there was a “possible gunman” on the campus where they had deposited their beloved children safely just hours before. We must imagine their acute sense of helplessness as they realized that their children were under lock and key with no defense against a madman. We must imagine the awful understanding that there was absolutely nothing they could do, that they did not even have the opportunity to give up their lives in defense of the children they loved.
Witnesses say they heard at least one hundred shots. We must imagine the acute terror felt by these twenty utterly vulnerable children as they took cover frantic cover and sat motionless, their hearts pounding in their chests, watching their friends lying in blood. We must imagine this because they did not live to tell us about it.
We must imagine the teachers and other adults in the building. We must imagine the way the understanding came to them suddenly that they could in no way defend either themselves or the children that surrounded them.
We must realize the significance of the report that the gunman who lies dead now at Sandy Hook died by his own hand. If this turns out to be true, it means that there was no savior for the students and teachers of Sandy Hook. That no one walked in on the gunman and put a welcome end to his rampage as he lowered his weapon for another shot. From what we are able to discern, there was no armed security guard who came in to cut off the violence. No burly math teacher who utilized his permit to concealed carry, no white knights. No, the shooter at Sandy Hook picked off his victims at his leisure. When he’d had enough, he put an end to the affair himself by turning his weapon on his own body.
But how different this could have been if, instead of discouraging guns on school property, we welcomed them heartily, accompanied, of course, by strict and proper licensing. How different if the report of the gunman on campus had stirred several teachers or staff members to whip out their own weapons and fire before the masked killer had his way with them. How different if after the first shots had been fired by this maniac, felling several of the beautiful youth of Newton, some armed staff member had rushed in and saved the lives of the twenty or so others whom we mourn today. How different if the principal had looked up from her desk into the eyes of her would-be killer and dealt the first – and last – blow herself. How different for dozens of stricken parents and brothers and sisters and aunts and uncles and grandparents and best friends and husbands and wives.
The White House, which never misses an opportunity to push its particular agendas, jumped on the supposed “policy implications” of the incident, with White House Press Secretary Jay Carney saying there would be time later for a discussion of policy implications – but immediately declining to wait until later by adding the observation that Obama remains committed to trying to renew a ban on assault weapons.
This statement by Carney, however, sounds uninformed and opportunist in light of the fact that Connecticut already has some of the most stringent laws in the nation regarding assault weapons. Michael Hammond, a legislative consultant to the organization Gun Owners of America, has stated that Connecticut "basically banned semi-automatics.” But then, when has the legality of an action ever done much to deter killers and criminals?
Although it’s not at all clear yet how the gunman involved in the Connecticut killings obtained his weaponry, the history of school shootings in America shows that many of these tragic occurrences have involved weapons which were illegally obtained in the first place, including the infamous Columbine High School shooting in 1999.
Until this story unfolds more completely, the shape of the narrative remains to be seen.
Incomplete Victory: Senators
Rand Paul, Feinstein and Lee take some of the teeth out of indefinite detention
(Posted by Bryana Johnson on December 01, 2012)
“If you don't have a right to trial by jury, you do not have due process. You do not have a Constitution. What are you fighting against and for if you throw the Constitution out?” asked Kentucky Senator Rand Paul, speaking before the Senate on Wednesday evening. “When zealots of the government arrest suspects or radicals without warrants, hold them without trial, deny them access to counsel or admission of bail, we have shorn the Bill of Rights of its sanctity.”
Earlier this month we learned that Sen. Paul was planning to force a vote on an amendment to protect the rights of American citizens detained under the controversial 2012 National Defense Authorization Act (NDAA).
The NDAA is a federal law that is passed every year, specifying the budget and expenditures of the US Department of Defense, although each year's act also includes other provisions. The explosive 2011-2012 NDAA bill included a wildly unpopular clause in Section 1021 which provided for the indefinite detention without trial of American citizens judged to be involved in terrorism or “belligerent acts” against the US.
Sen. Paul has been a vocal opponent of the indefinite detention clause in the 2011-2012 NDAA bill, lamenting what he considers “Orwellian” developments and staunchly defending the right of all American citizens to a jury trial. For two weeks he has been threatening to put the 2013 NDAA bill on hold unless he was granted a vote on his amendment to restore the jury trial rights of Americans in military detention.
Liberty activists were hoping that the massive public outcry which ensued following the passage of the 2011-2012 NDAA bill would pressure some Senators to swing over to Sen. Paul’s side. However, due to the fact that his colleagues in the Senate this lame-duck session were mostly supporters of last year’s NDAA bill, Sen. Paul’s chances of getting them to undo that legislation seemed slim.
On Wednesday evening, something different happened.
Rand Paul rose to speak in support of a different amendment. Amendment #3018 was sponsored by California Sen. Feinstein and Mike Lee of Utah. It provides that,
“an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States.”
And – would you believe it ? – the Senate did something right. Albeit, it was merely an undoing (and, admittedly, a partial one) of something that was already horribly wrong. Nevertheless, it was a mighty demonstration of the power of the irate and tireless minority when the amendment passed the Senate on Thursday night. The vote was 67-29. Marring an otherwise joyous occasion was the sad realization that the supporters of jury trial rights for American citizens are no minority at all among American citizens, but rather a massive majority. That they should be represented by only a minority – even a noble and brave one – in the Congress of their representatives, is appalling.
(First posted at The Washington Times Communities
) UPDATE: Considerable contention has arisen since the vote, with some liberty activists arguing that the last clause of the amendment undoes all of the protections it claims to restore.
Congressman Justin Amash said,
“ ‘…unless an act of congress expressly authorizes such detention.’ Well, that Act of Congress is the 2012 NDAA, which renders the rest of the Feinstein amendment meaningless.”
Others, Congressman Ron Paul among them, seem to disagree. The elder Paul wrote on his official facebook page this morning,
“I applaud the Feinstein-Lee amendment for moving the debate forward. In the House most Republicans believe that a habeas hearing is sufficient for due process. The Feinstein-Lee amendment makes clear that anything short of a jury trial is not due process.”
KY Senator Rand Paul
Senator Rand Paul's lonely foreign aid filibuster shows Senate Republicans' true colors
(Posted by Bryana Johnson on September 26th, 2012)
Dr. Shakil Afridi, the CIA informant sentenced to 33 years in prison for his role in hunting down Osama Bin Laden, spoke to Fox News in an exclusive interview earlier this month, describing the brutal torture and interrogation he has undergone at the hands of Pakistan’s Inter-Services Intelligence (ISI). Dr. Afridi stated that he was burned with cigarettes and subjected to electric shocks while in the custody of the ISI. He was also blindfolded for eight months and handcuffed with his hands behind his back for 12 months.
In addition to providing these disturbing details, Dr. Afridi made some sobering claims regarding the ISI’s attitude about America. “They said ‘ The Americans are our worst enemies, worse than the Indians,’ he told Fox News. “I tried to argue that America was Pakistan’s biggest supporter – billions and billions of dollars in aid, social and military assistance -- but all they said was, ‘These are our worst enemies. You helped our enemies.’ It is…indisputable that militancy in Pakistan is supported by the ISI. Pakistan’s fight against militancy is bogus. It’s just to extract money from America,” Afridi said. Pakistan has received over $20 billion from the US since the 9/11 attacks.
This is a state of affairs that Kentucky Senator Rand Paul wants to remedy. On the day that Afridi’s interview with Fox News was released, Sen. Paul issued a statement declaring that he meant business.
"I will continue to work tirelessly to keep this issue front and center. America should not give foreign aid to a country whose government is torturing the man who helped us kill Osama bin Laden. We should not be giving foreign aid to any country that is not clearly our ally. This must end, and this week I will renew my push for a vote on this issue, including holding up Senate business to accomplish this goal.”
Sen. Paul also sent a letter to Senate Democratic Majority Leader Harry Reid, asking Reid to work with him on scheduling a vote for his bill S.3576, which would have placed restrictions on foreign aid and effectively cut aid to Libya, Egypt and Pakistan in the event that those countries do not agree to abide by terms set forth in the bill. The terms for Pakistan included the release of Dr. Afridi.
Sen. Paul, however, was not able to get what he wanted without a filibuster. The result was twofold. A skewed schedule for the Senate, which ended up holding a midnight vote in the dark hours of Saturday morning. And an epic, hour-long speech on the Senate floor for Sen. Paul, who delivered a compelling and resounding address exploring the disastrous failures of unconditional foreign aid, and tugging at the hearts and minds of Americans who stayed up late to watch the performance on c-span.
This fascinating and eloquent speech began with the tragic story of Zairian dictator Mobuto who embezzled billions of dollars from his own government throughout the course of his 32-year reign and yet was funded by U.S. taxpayers. Mobuto subjected many of his personal enemies to horrific tortures and took elaborate shopping trips to Europe while his own nation was without basic energy provisions.
Paul then went on to cite similar examples of dictators who were supported by the US in their oppression of their own people, including that of Saddam Hussein.
“It’s sad to contemplate what despots and dictators have done and are doing to their people,” said Sen. Paul. “It’s sadder still to realize that they’re being subsidized in this behavior with your money. Those who say, ‘Oh, I just simply want to help people. I want to help poor people around the world by sending them money,’ – it is stolen by their leaders. It doesn’t get to the poor people. And besides, you may have heard, we’re a trillion dollars short in our own budget here. How are we sending money overseas?”
Paul said that while supporters of foreign aid assert the aid is necessary to ensure good behavior on the part of foreign powers, he doesn’t see that unconditional aid is bringing about those results or can even be reasonably expected to. Instead, he suggested that aid, when it is provided at all, should be a reward for loyal allies of the US.
In further remarks that seemed calculated to appeal to the patriotism of fellow conservatives, he stated,
“I think the real question and the image that you have to have in your mind is, when you see ten thousand people outside the embassy in Pakistan, burning the US flag, can you imagine that we would send them more money? Can you imagine that we would not place restrictions on this money?”
Despite the magnificence of this impassioned speech, Paul didn’t seem to be harboring any illusions as to how his bill would be received by his colleagues in the Senate.
“Foreign aid is a bipartisan project,” he said near the beginning of his talk. “If I get this vote, you watch, the vast majority of the Senate is going to vote for unlimited, unrestricted foreign aid. I will probably lose this vote. But if you go home and ask your friends, ‘should we be sending money to countries that disrespect us? To countries that burn our flag?’ I think you’ll find that eighty to ninety percent of the American people wouldn’t send another penny. But that may also be why congress has about a ten percent approval rating…in fact, many people who claim to be conservatives are for foreign aid.”
When it came time to hold the vote, Senators John Kerry and John McCain stood to oppose Paul’s bill, while South Carolina Senator and Tea Party leader Jim Demint rose to speak on behalf of S.3576. Demint was particularly incensed at what he considered shockingly unfair treatment of Sen. Paul by Majority Leader Harry Reid.
Demint explained that earlier in the day he had met with Paul to discuss some of his misgivings about the wording of the bill. Demint shared that Paul had been very willing to accommodate him and had spent some hours re-writing the bill to make it even narrower in scope. However, when the two had come up with an amended bill that they were both pleased with, Reid refused to allow Paul to amend the bill. Demint said that Senators had always been allowed to amend their own bills and that the practice was common in the Senate. He said that although he didn’t think the bill without the amendments was perfect, he would still be voting for it and encouraged his colleagues to join him.
Only nine of his colleagues joined him in the vote to support the bill, one of these being Sen. Paul himself. Only nine votes for the American taxpayer, for fiscal conservatism, for sanity in foreign affairs. Only nine votes for ending aid to the sworn enemies of the American people. Only nine votes for cutting payments to oppressive rulers in third-world countries, for removing the burden of foreign dictators’ debts off of the backs of American children. Only nine votes for justice, for political prisoners suffering in confinement, for friends of freedom serving jail-time in their homelands. Only nine votes for Dr. Shakil Afridi.
It sounds to me like there 90 seats in the US Senate that are in need of new owners. (First posted at the Washington Times Communities.)
The United Nations Flag
The controversial UN Convention on the Rights of Persons With Disabilities is pushing for a September vote in the US Senate
(Posted by Bryana Johnson on September 20, 2012)
At the end of July, the Senate Committee on Foreign Relations approved a controversial UN treaty: The Convention on the Rights of Persons With Disabilities (CRPD), which has been fought by family rights groups and defenders of US sovereignty for months. What exactly are the concerns being raised by the opponents of the UNCRPD? The Homeschool Legal Defense Association (HSLDA) summarizes them succinctly in a helpful list which breaks down the most disturbing elements of the treaty’s wording.
While one of their main concerns is the sovereignty issue raised in Article 4(1)(a), which demands that all American law on the subject be conformed to the standards of the UN, implied threats to parental rights are their biggest fear. They explain on their website,
“Article 7(2) [which states that ‘in all actions concerning children with disabilities, the best interests of the child shall be a primary consideration’] advances the identical standard for the control of children with disabilities as is contained in the UN Convention on the Rights of the Child. This means that the government—acting under UN directives—gets to determine for all children with disabilities what the government thinks is best. Additionally, under current American law, federal law requires public schools to offer special assistance to children with disabilities. However, no parent is required to accept such assistance. Under this section the government—and not the parent—would have the ultimate authority to determine if a child with special needs will be homeschooled, attend a private school, or be required to accept the program offered by the public school.”
At the bottom of this heap of words lies a question hidden like a neon-orange hunter’s jersey walking around in a green field. Whose responsibility will it be to determine what is in the best interests of a disabled child? This is the question with the frightening answer that changes everything.
The HSLDA has also called attention to Article 4(1)(e), which demands that “ every person, organization, or private enterprise” must eliminate discrimination on the basis of disability. “On its face,” warns the HSLDA, “this means that every home owner would have to make their own home fully accessible to those with disabilities. If the UN wants to make exceptions, perhaps they could. But, on its face this is the meaning of the treaty.”
There were nine total witnesses at the July hearing which was held by Sen. John Kerry. Only two people opposed to the treaty were permitted to testify. These were Steven Groves of the Heritage Foundation and Michael Farris of the Homeschool Legal Defense Association.
Farris expressed his concern, calling the hearing “a carefully-orchestrated attempt to get this treaty ratified without any serious consideration, adding, “It appears some in the Senate are counting on citizens’ ignorance of the Constitution. [They are] trying to downplay the impact of this treaty by arguing that ‘a treaty is an empty promise with no actual substance.’ Wrong. The Supremacy Clause of the Constitution overrules State Laws if it is ratified.”
Judging by the extensive video footage of the hearing, Sen. Kerry did indeed imply that the treaty would not place legal restrictions on the US, stating, “since the treaty is not self-executing in the United States, it’s hard for me to understand, given the reservations and declarations and understandings, there would be a change needed.”
However, Mr. Farris’ understanding of the matter appears to be the correct one, under this provision of the US Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
It’s hard to see how that very lucid passage leaves any room for further debate regarding the binding nature of the UNCRPD, if ratified by the US Congress – even if it could be shown to make any ethical or logical sense to sign treaties that we don’t intend to abide by in the first place.
Following the Senate Committee Hearing and the subsequent ratification of the treaty by the Committee, there ensued a period of rest for the embattled partisans on both sides of the UNCRPD debate. This week, however, the issue reared its head again, with Tim Lambert of the Texas Homeschool Coalition sending out an alert warning that the convention is pushing for a September Senate vote on the treaty and urging defenders of liberty to not only contact their senators’ offices via phone but to visit them in person in order to stress the magnitude of the situation. (This piece was first posted at The Communities at the Washington Times)