Retired Justice Stevens suggests Supreme Court may advance gun rights

Think ProgressAccording to Liptak, Stevens “helped persuade Justice Anthony M. Kennedy, who was in the majority, to ask for ‘some important changes’ to Justice Scalia’s opinion.”

The result was a passage providing that Heller should not “be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

First the factual aspect. Assuming it's accurate, it confirms something the gun rights community has long suspected. (I don't particularly doubt the accuracy of the claim, although Stevens may be overstating his own role as as persuasive force...)

Think ProgressThe upshot of Stevens’ highly unusual revelation — justices, even retired justices, rarely disclose internal Court deliberations — is that there are probably no longer five votes on the Supreme Court who support this language in Heller. A wide range of firearm restrictions intended to keep firearms out of the hands of especially dangerous individuals or to keep them out of “sensitive places such as schools” could soon fall.

Now the facts.

We don't know where the current court sits on gun rights. Roberts has demonstrated squishy behavior before. Kennedy was replaced with Kavanaugh, presumably a solid 2nd Amendment vote, but Trump's first pick Gorsuch replaced Scalia (solid pro-gun vote) with a presumably solid pro-gun vote. Neither Kavanaugh nor Gorsuch have really been tested yet and Roberts is untrustworthy. We're probably better off with Kennedy replaced. But we need to win one more to feel secure, and even then, we can't count on the new Justices until we see how they vote.

Since Stevens is clearly trying to stoke panic here, let me rebut.

Gun free zone laws around schools have stopped precisely zero school shootings. As with other places declared gun free, criminals view them as soft targets. The only people deterred from carrying in such zones are the honest, law-abiding people who you would want to have a gun in case of such an attack.

"Laws intended to keep firearms out of the hands of especially dangerous individuals" has a couple possible meanings. Do they mean felons? Most felons will be able to get a gun as easily as they can get drugs, ie, illegally. Challenges to the core of felon-in-possession laws seem unlikely in the near future, though we will likely see nibbles around the edges for people acting in self-defense, whose crimes were not violent in nature, and who have been rehabilitated into society. Do they mean people like the Parkland shooter, who should have been on the naughty list but was not due to law enforcement failures? Law enforcement will have failures no matter what laws you pass. Do they mean people like the man who died at the hands of police in Maryland recently? How many innocent people need to die because one of their in-laws didn't like them owning a gun?

Thu Nov 29 07:47:19 CST 2018 by TriggerFinger. Comments [Tweet]

Another man claimed he kissed Ford accuser as described

BreitbartHe said that the kiss happened in the bedroom of a house which was about a 15-to 20 minute walk from the Van Ness Metro, that Dr. Ford was wearing a swimsuit under her clothing, and that the kissing ended when a friend jumped on them as a joke. [Redacted] said that the woman initiated the kissing and that he did not force himself on her.

This may protect her from a false statements charge, but as someone once famously said about a similar situation, where does Kavanaugh go to get his reputation back?

Of course, he also said she initiated the kissing, so...

Categories Kavanaugh

Wed Nov 07 06:49:09 CST 2018 by TriggerFinger. Comments [Tweet]

Arkansas Dem will not be seated on the Supreme Court

He jumped up on a stage and intimidated his female opponent, including physical contact. There's video.

It's not something I'd file assault charges over, but it's clearly unwanted touching, and his body language is definitely intimidating rather than conversational.

And an election is more like a job interview than a trial... or a confirmation hearing, even.

Categories Kavanaugh

Fri Oct 26 05:20:06 CDT 2018 by TriggerFinger. Comments [Tweet]

Susan Rice wants to be a Senator

That might be awkward for her, as people still remember her lies about what happened in Benghazi, and there are outstanding questions regarding her role in SpyGate unmasking.

Tue Oct 09 02:08:52 CDT 2018 by TriggerFinger. Comments [Tweet]

Sarah Palin threatens to primary Murkowski over Kavanaugh no vote

Sarah PalinHey @LisaMurkowski - I can see 2022 from my house...

Sarah's not perfect, but I think she'd do a hell of a lot better than Murkowski's no vote. The problem, I think, is that Murkowski is in good standing with the Deep State and has some sort of clout. She lost the primary before and won her seat on write-ins. That's crazy, but she did it. (I suspect that there were, as James Baker would say, "abnormalities" in the vote count).

Run, Sarah, run!

Categories Kavanaugh

Sat Oct 06 04:30:48 CDT 2018 by TriggerFinger. Comments [Tweet]

Civil War?

WFLAA Winter Haven man was arrested on Thursday after posting on his Facebook page that he was going to shoot members of Congress and their families, depending on which way the Supreme Court justice confirmation vote went.

He also allegedly threatened to shoot any local or federal law enforcement who responded to his home on Jim Keen Boulevard.

Unlike the usual examples, this guy appears to be on the right and is actually a gun owner. He says he was making fun of liberals. His friends seem to support that.

I'm posting this to note that the violence is escalating on both sides. Even if this guy wasn't serious (and since he was arrested without incident, I'm inclined to think that's the right take... but that doesn't necessarily mean he shouldn't face consequences for the threats), the constant actual violence and threats coming from the left are starting to get a response on the right. And that's a significant danger signal.

Categories Civil War Kavanaugh

Sat Oct 06 01:30:48 CDT 2018 by TriggerFinger. Comments [Tweet]

Ford's FBI friend pressuring witnesses?

Conservative TreehouseIf you thought it was sketchy that Ms. Christine Blasey-Ford’s life-long best friend was a recently retired FBI agent and DOJ official, Monica McLean {Go Deep}; and if you thought it was sketchy that McLean and Ford were together on July 30th when Ford was writing a letter to Dianne Feinstein, likely making the friend Ms Ford’s “handler” for the operation against Kavanaugh; then it’s even more sketchy today with a report that McLean was pressuring witness Leland Keyser to shape her statements and testimony to the FBI.

Read the whole thing; there are even more links to the FBI Spygate operation once McLean hires a lawyer.

Categories Kavanaugh

Fri Oct 05 08:30:48 CDT 2018 by TriggerFinger. Comments [Tweet]

Supplemental FBI report on Kavanaugh delivered to Senate

Fox NewsSenators will get their first look Thursday at the FBI's background investigation on sexual misconduct allegations against Supreme Court nominee Brett Kavanaugh, with a tense series of votes looming and likely to play out into the weekend.

A source familiar with the supplemental report told Fox News it shows no evidence corroborating the allegations of sexual assault or misconduct against the nominee. Other specifics from the report were not immediately available, but Fox News is told the review included interviews with nine people, along with a sworn statement from another. This went beyond the original Senate request for interviews with four people, though the FBI did not dive into Kavanaugh's drinking habits in high school, one area of contention, because the Senate did not formally request the information.

"An FBI supplemental background investigation that did not include an interview of Dr. Christine Blasey Ford -- nor the witnesses who corroborate her testimony -- cannot be called an investigation," the statement read. "We are profoundly disappointed that after the tremendous sacrifice she made in coming forward, those directing the FBI investigation were not interested in seeking the truth."

It's hard to interview witnesses who don't exist.

Categories Kavanaugh

Thu Oct 04 08:49:31 CDT 2018 by TriggerFinger. Comments [Tweet]

Senator Cory Booker doesn't think guilt or innocence matter

Sara Carter“My hope is that beyond the vicious partisan rancor, beyond the accusations, we don’t lose sight of what this moral moment is about in this country. And ultimately ask ourselves the question: Is this the right person to sit on the highest court in the land for a lifetime appointment?” asked Booker.

“Ultimately—not whether he’s innocent or guilty, this is not a trial … have enough questions been raised that we should not move on to another candidate?” he added.

If the questions are baseless, uncorroborated smears, like in this case, then innocence absolutely matters.

And Booker doesn't seem to have a problem with political violence either.

Categories Kavanaugh

Thu Oct 04 06:11:44 CDT 2018 by TriggerFinger. Comments [Tweet]

McConnell files for cloture on Kavanaugh

Conservative TreehouseThe FBI report on Judge Kavanaugh is being reported as delivered tonight. Senate Majority Leader Mitch McConnell has filed cloture tonight for the supreme court nomination of Judge Brett Kavanaugh. The cloture vote will likely take place Friday ending debate on the nomination.

Hold the vote. Let those who vote no reap the consequences of their decision at the midterms.

Categories Kavanaugh

Thu Oct 04 03:11:44 CDT 2018 by TriggerFinger. Comments [Tweet]

Brett versus the notorious RBG

While the Democrats are trying to make a big deal out of a college student who liked beer 30 years ago, someone should point out that Ruth Bader Ginsberg, one of their favorite justices, has a bit of a drinking problem. It certainly looks like she was "drunk to the point of passing out", doesn't it?

And then there's Justice Breyer's underage drinking arrest and Ted Kennedy's drunken driving killing a young woman and Robert "Beto" O'Rourke fleeing the scene of his drunk driving arrest.

Categories Kavanaugh

Thu Oct 04 01:11:44 CDT 2018 by TriggerFinger. Comments [Tweet]

Ford's ex-boyfriend destroys her story and reveals her lies

Ace has the details. Sure, he's an ex and may thus has a motive to be vindictive, but he doesn't sound especially angry. He reveals a few things that contradict her Senate testimony, which could get her in legal trouble if she lied. (New Rules: we should absolutely prosecute any lies).

Categories Kavanaugh

Wed Oct 03 05:55:38 CDT 2018 by TriggerFinger. Comments [Tweet]

Halper paid $250K for a report his advisors don't remember

Washington TimesStefan Halper, the college professor turned FBI spy on the Trump campaign, was paid $244,000 by the Pentagon to write a Russia-China study in 2015 and 2016.

Mr. Halper boasted a heady list of foreign policy specialists. On Pages 7 and 8 of the 300-plus-page analysis are the names of 43 “advisors and consultants” such as former CIA Director Michael V. Hayden and David Shambaugh, a China scholar at George Washington University.

But a spot check by The Washington Times revealed that neither man contributed to nor had heard of the study, titled “The Russia-China Relationship: The Impact on the United States’ Security Interests.”

“No memory of project or person,” Mr. Hayden told The Times.

Mr. Shambaugh: “No, I was not an adviser to his study.”

Interesting. It seems likely these "studies" were simply excuses to cover up the payments for his help with the spying operation on Trump. If nothing else, he may be vulnerable to charges of fraud totaling nearly a million dollars.

Read the whole thing.

Categories Kavanaugh

Wed Oct 03 03:55:38 CDT 2018 by TriggerFinger. Comments [Tweet]

Mueller makes invalid arguments to defend his appt

Washington TimesRobert Mueller defended his appointment and authority as special counsel in a legal brief referencing precedents involving Watergate and other past presidential scandals.

The problem here is twofold.

First, the statutes have changed. That makes precedents about the old statute invalid unless they can be easily applied to the new one.

Second, Mueller's appointment did not comply with the new statute, which requires that specific crimes must be identified for the investigation. The current law does not authorize a counterintelligence investigation by a special counsel.

Categories Kavanaugh

Tue Oct 02 01:07:35 CDT 2018 by TriggerFinger. Comments [Tweet]

Third accuser has been involved in sexual harassment claims before

Not that the third accuser had any credibility to begin with, but this takes it into negative numbers.

Categories Kavanaugh

Mon Oct 01 04:02:27 CDT 2018 by TriggerFinger. Comments [Tweet]

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