The Capitol Hill Report

Monday, 23 January 2012 05:00 Written by William J. Olson & Herbert W. Titus

US V. Jones And The Fourth Amendment

Law enforcement’s most recent effort to turn America into a Soviet-style surveillance society through the use GPS technology has been rebuffed by a unanimous U.S. Supreme Court. The Court based its opinion on, and breathed new life into, the Fourth Amendment’s protection of the American People against unreasonable governmental searches and seizures. Even better, the Court’s decision was based on the original textual meaning of the Fourth Amendment which was based on property rights, rather than its judge-made, evolving doctrine of privacy. There is reason for hope that in the fight against unlawful searches and seizures; the tide may have been turned.

Read the Full Story at United States Justice Foundation

NDAA Update

Saturday, 21 January 2012 01:55 Written by Michael Hammond

Analysis of the National Defense Authorization Act

It doesn’t take a rocket scientist to see what’s wrong with Section 1021 of the Defense Authorization Bill (H.R. 1540), which the President signed into law on New Year’s Eve.

Let’s assume you’re a member of the Michigan Militia. That’s all it would take.

Because you once hobnobbed with Timothy McVeigh, an argument could be made that you could be arrested and held indefinitely, without due process, an attorney, or constitutional rights.

Why?

Because subsection (a) of Section 1021 says the President can use all “necessary and appropriate force” to “detain covered persons” and hold them under the “law of war.”

Subsection (c) says those persons can be “[detained] under the law of war without trial until the end of hostilities...” They can also be tried by a military court [section (c)(2)] or subject to rendition to a country which would torture them in ways which wouldn’t be allowed here [section (c)(4)].

In other words, if you’re a “covered person” -– and nothing more -- you can be arrested and detained indefinitely, tried without most civilian rights, and/or shipped abroad for torture, because it’s unlikely that the threat of terror is going to end anytime in our lifetimes.

So what is a “covered person”?

Under section 1021(b)(1), anyone who knowingly or unknowingly aided or harbored a 9/11 culprit in any way is a “covered person.” Ironically, this is reminiscent to the trial and execution of Mary Surratt, who owned the boarding house at which the Lincoln assassination conspirators met and may or may not have known what was happening under her roof.

Even more broadly, however, section 1021(b)(2) defines a “covered person” as a person who “substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act...”

“Belligerent act” is not defined for purposes of this section.

But, at its core, a person is a “covered person” -– who can be arrested and held indefinitely without trial –- if that person “substantially supported ...any person who has committed a belligerent act,” whether knowingly or unknowingly.

Given the breadth of this statement, you would hope that its components would be defined, for purposes of that section, with precision. But they aren’t.

In particular:

* Is blowing up a federal building a “belligerent act”? If so, are militia members who associated with Timothy McVeigh all “covered persons” -– even if they didn’t understand his intentions? What about a gun dealer who sold him a gun?

* Is Barack Obama “substantially support[ing] ... the Taliban” if he releases prisoners from Guantanamo in order to get them to the negotiating table?

* Do “associated forces” have to be “associated” with al-Qaeda or the Taliban -– or can they consist of persons associated with each other, if one or more members engage in “hostilities” against, for instance, Egypt? And do “hostilities” include efforts to overthrow the government of Hosni Mubarak?

These questions are unanswerable because section 1021 is not legislation, but rather political positioning by low-IQ legislators who are incapable of formulating legislation which could, with precision, achieve their ostensible objectives.

Incidentally, section 1021 does apply to American citizens acting on American soil. Although subsection (e) says that the section doesn’t affect current “authorities” governing those issues, the Bush administration established the “precedent” that the President’s authority to combat terrorism under his inherent authority under Article II of the Constitution is effectively unlimited.

Rep. Quayle Calls for Holder's "Immediate Resignation"

Thursday, 15 December 2011 22:09

This week, Representative Ben Quayle (R-AZ) became the 57th member of Congress to call for the resignation of Attorney General Eric Holder over the Fast and Furious scandal. In a statement, Rep. Quayle said:

"Fast and Furious was a fundamentally flawed operation. Since its implementation, U.S. Border Patrol Agent Brian Terry and numerous Mexican citizens have been killed by criminals using weapons that were allowed to ‘walk’ during the program. These weapons continue to pose a grave threat to people living near the Southern border. These facts alone signify a lack of leadership and control within the Justice Department that warrant the removal of those people who authorized and failed to supervise this damaging operation. BenQuayle

“When the incredible failures of Fast and Furious came to light, Attorney General Holder and his subordinates chose the route of evasion over forthrightness. They provided documents to Congress only when compelled to produce them with subpoena. These documents revealed that on February 4, 2011, senior officials at the Justice Department, the ATF and the Arizona U.S. Attorney’s Office responded to an inquiry by Senator Charles Grassley with a letter that contained categorically false information. Ten months later, the Justice Department was forced to rescind that letter—a move the attorney general acknowledged is extremely rare. During last week’s testimony before the House Judiciary Committee, the attorney general refused to take responsibility or hold any of his subordinates accountable for their handling of Fast and Furious. Mr. Holder himself called the operation ‘wholly unacceptable’ and ‘fundamentally flawed.’

“The fact that he hasn’t fired a single person shows that Attorney General Holder is more concerned with protecting himself and his political appointees than holding individuals accountable for Fast and Furious. I have refrained from calling for his resignation until he had a chance to testify before the Judiciary Committee. Asking for a cabinet member to resign is a serious step and one I take very seriously. After reflecting on last week’s testimony, the operation, and Mr. Holder’s handling of the fallout, I have lost all confidence in his ability to lead the Justice Department. I call for his immediate resignation.”

Rep. Walsh Continues to Call for Holder’s Ouster

Monday, 28 November 2011 17:29 Written by John Velleco

Illinois Rep. Spearheads Letter to President on Fast & Furious

For the second time in two months, Congressman Joe Walsh has sent a “call to action” in the direction of the Obama administration.

Rep. Walsh’s concern? The federal government’s growing Fast and Furious scandal, a government operation that allowed thousands of firearms to “walk” across the border into Mexico and end up in the hands of violent drug cartels.

In October, Walsh wrote to Attorney General Eric Holder, urging him to take full responsibility for his role in the Fast and Furious debacle. Since then, Holder has continued to stonewall congressional investigators.

Rep. Walsh, who represents a suburban Chicago district, responded this week with a letter directly to President Obama calling again for Holder’s resignation. This time Walsh was joined in his effort by 39 additional House members.

Walsh called on the President to hold his top law-enforcement official accountable. “The Attorney General is supposed to uphold federal laws and not intentionally break them,” Walsh wrote.

"He should never attempt to cover-up an investigation intended to ensure a mistake of this scale never occurs again. It is time Attorney General Holder takes responsibility for Operation Fast and Furious and step down immediately."

In a statement announcing the November 17 letter, Rep. Walsh said:

The American people deserve to know the truth regarding Attorney General Eric Holder’s knowledge and role in Operation Fast and Furious. Throughout this investigation, the Attorney General has back-pedaled on his testimony, tried to cover his tracks, and has been unwilling to cooperate with the Congressional investigation. This is simply unacceptable.

The Congressman hit the nail squarely on the head. From the outset, Holder has done his best to keep a lid on the scandal and has probably perjured himself during congressional testimony.

In fact, lead House investigator Rep. Darrell Issa was so concerned about the lack of cooperation from the Justice Department that in October he issued a 22-point subpoena to Holder and other officials.

Gun Owners of America applauds Congressman Walsh for rallying other House members to join him in keeping the pressure on the Obama administration until the truth comes out regarding Holder’s involvement in Fast and Furious.

Please take a moment to thank Rep. Walsh for his dogged determination in pursuing this scandal. He understands that Fast and Furious is really an attack on gun owners and the Second Amendment, as the Obama administration is attempting to use border violence as an excuse to implement more gun control in this country.

Even if you live outside of the Eighth District, you can send the Congressman an email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Here's suggested text that you can cut and paste:

Dear Congressman Walsh,

Thank you for your leadership in holding the Obama administration accountable over the Fast and Furious scandal.

Almost immediately after assuming office, the President and Attorney General Eric Holder began the call for more domestic gun control in response to the drug cartel violence along the U.S.-Mexico border. It now looks more and more like Fast and Furious was designed to bolster that gun control agenda.

I encourage you not to let up on this issue until the truth comes out and until any official wrongdoing is dealt with appropriately.

Sincerely,

Rep. Gosar Calls for Accountability and Transparency Over Fast & Furious;

Tuesday, 22 November 2011 17:55 Written by John Velleco

Rep. Gosar Calls for Accountability and Transparency Over Fast & Furious;

Encourage Congress to Keep up the Pressure!

Congressman Paul Gosar is playing an important role in demanding accountability from the Obama administration over the growing Fast and Furious scandal.

This week the Arizona Republican organized a news conference with more than a dozen House members to call attention to the operation that allowed thousands of firearms to “walk” across the border into Mexico and end up in the hands of violent drug cartels.

Rep. Gosar has called on several Cabinet officials to come clean on what they knew—and when they knew it—about the failed operation.

Attorney General Eric Holder has denied involvement in Fast and Furious, even though it was a multi-billion dollar program that involved several agencies within the Department of Justice.

“Attorney General Holder’s refusal to take responsibility for the actions of his department is inexcusable,” said Rep. Gosar. “The American people need answers to how this operation was authorized and assurances that nothing like this can or will ever happen again.”

Rep. Gosar, who is a member of the House committee leading the investigation into Fast and Furious, is also one of the first to call for a broader investigation that would include the State Department and the Department of Homeland Security.

Because Fast and Furious involved a foreign country, Rep. Gosar is skeptical that the heads of other departments knew nothing of the plan.

“You’re dealing with a foreign country, you’re talking about an international border — that’s the Secretary of State and of Homeland Security,” Gosar told a reporter in October. “If you weren’t briefing them, it’s even worse that we had vigilantes from DOJ going unchecked and we did not tell our folks in Mexico about this.”

Rep. Gosar hit the nail on the head. Indeed, Secretary of State Hillary Clinton and Homeland Security Secretary Janet Napolitano—in addition to Holder and President Obama—took separate trips to Mexico early in 2009, and all four were quick to blame U.S. gun laws for Mexico’s violence.

Still, no top Obama administration officials knew anything about a massive gun-related operation? Rep. Gosar is not buying it.

“This should have been a Cabinet (issue), and I keep saying it all along,” Gosar told the Daily Caller. Holder “points to Homeland Security Secretary Napolitano in this and I would have no doubts — I’m a common sense person — that this should have also involved the secretary of state, which means everybody knew — and we’re starting to see that in the document dump from the White House.”

Gun Owners of America applauds Congressman Gosar for rallying other House members to join him in keeping the pressure on the Obama administration until the whole truth comes out regarding the government’s involvement in Fast and Furious.

Please take a moment to thank Rep. Gosar for his dogged determination in pursuing this scandal. He understands that Fast and Furious is really an attack on gun owners and the Second Amendment, as the Obama administration is attempting to use border violence as an excuse to implement more gun control in this country.

Even if you live outside of the First District, you can send the Congressman a message at http://www.gosarforcongress.com/contact/.

Here’s some suggested text that you can cut and paste into the webform:

Dear Congressman Gosar,

Thank you for your leadership in holding the Obama administration accountable over the Fast and Furious scandal.

Almost immediately after assuming office, President Obama, Eric Holder, Janet Napolitano and Hillary Clinton began the call for more domestic gun control in response to the drug cartel violence along the U.S.-Mexico border. It now looks more and more like Fast and Furious was designed to bolster that gun control agenda.

I encourage you not to let up on this issue until the truth comes out and until any official wrongdoing is dealt with appropriately.

Sincerely,

Obama Administration Pushing Shooters off Public Land

Thursday, 17 November 2011 14:36 Written by John Velleco

The Obama administration drafted rules to prohibit the use of firearms on millions of acres of public land. According to an article in U.S. News & World Report:

“Gun owners who have historically been able to use public lands for target practice would be barred from potentially millions of acres under new rules drafted by the Interior Department, the first major move by the Obama administration to impose limits on firearms.”

Read entire article

Friday, 21 October 2011 16:53 Written by H.L. "Bill" Richardson

H.L. Richardson

Good Guys Always Win?

It usually works that way in the movies, especially if the hero happens to be Clint Eastwood, John Wayne or Harrison Ford. But in real life? Often in politics there isn't a choice. Sometimes you are given the selection between Republican candidate Yuck and Democrat Burp.

Case in point: November 6, 2008. The sun shone brightly on Washington DC, but over the Republican National Headquarters, there hung a little gray cloud of gloom. "What happened?" asked the “insider” Republican strategists. "We had the issues, the money and all the paraphernalia necessary for victory. We thought we had a ‘Big Tent’ winner but it turned out to be a Big Tent Bust!"

The Republican Washington, DC insiders thought they had a candidate who had it all. He was considered a war hero, a maverick, a United States Senator and a household name – one who was constantly on national TV and in the mainstream news. His mascot was one of the most powerful of the African animal species and his opponent’s mascot was a jackass – a rhino against a donkey – how could the Republican possibly lose?

And lose he did, big time.

Could it be that the sizable conservative base of the Republican Party wasn't pleased with McCain? The “big tent” theory hadn't worked. Could it be that the poles that held up the big tent were the conservative activists? Aren't they the volunteer workers, poll watchers, drivers of elderly to the polls, and precinct walker activists -- namely, the ones who turn out the vote?

However, in the primary selection, McCain wasn't their choice. McCain was picked by the national media [who knew he would lose] and the Washington insiders [who were clueless].

Somewhat consoled by Sarah Palin's selection as the vice presidential candidate, some conservatives got off the couch and voted for McCain as an afterthought – but, they didn't work for him and didn't tell their friends if they did.

The Democrat choice was Obama, the most radical Senator of them all. The Democrat National Convention had previously selected liberal Senators, such as Humphrey, McGovern, Mondale, Kerry and Gore – and all had lost by comfortable margins. Why should 2008 be any different?

Obama ran a slick campaign around the word "Change!" And then he changed opponents. Obama forgot McCain existed and campaigned against President Bush. The mainstream media swooned over Obama's every word as they had swooned over getting McCain nominated in the primary – then they forgot he was alive. The race was over before it began. In fact, can anyone even remember what McCain's lackluster campaign even stood for?

So, in all good conscience, many conservatives put two and two together and figured it was like choosing between two political rashes, some couldn't vote for Obama and had little itch to vote for McCain. So to sum it up, some voted for McCain, some stayed home, some didn't care and that's the total sum.

The fact is, in 2008 the mainstream media had picked both candidates from the very beginning -- Candidate Yuck and Burp. The left was organized in the primaries and the conservatives were not. The fact is, you can't win something with nothing. Good guys have to win primaries before they can win in the general election. Winning takes organization, determination and leadership IN THE PRIMARIES. Over the last fifty years, the radical left has finally taken over the Democrat Party by winning primary races first. Therefore, the hard left has been able to gain control of the leadership of both houses of Congress by 2006 and the presidency in 2008. Is it any wonder the next two years got really ugly?

Many Americans finally got peeved, organized and downright mad. Little did anyone realize that Americans of both parties had unintentionally voted for having a giant tea party. Two years later in the 2010 elections, both political entities found out that the tea that had been brewing was really hot ... and not about to cool off! Many of the Tea Partiers were politically green as grass in 2008, but they were smart enough to know that two plus two equaled four and that organization was a critical part of the elective equation, so they organized.

So, now we're looking at the presidential race in 2012. Obama looks vulnerable and a number of Republican hopefuls have tossed their hat in the ring. And, the mainstream media is at it again, trying to tell us that another candidate Yuck is the best of the Republicans to oppose President Burp. Surprise, surprise, the Washington Republican insiders seem to agree with the mainstream media. Isn't he the best debater? Wasn't he the beloved executive governor of Massachusetts? So far we haven't heard a real negative note from The New York Times or The Washington Post on this perennial leader in the polls. And, as an afterthought, we’ve been told that any conservative in the race don't stand a chance.

Conservatives should know by now that the Republican that's been the most viciously attacked by the media is probably the best Republican candidate: one that is pro-gun, pro-family, pro-life, pro-Constitution and pro-God.

We gunners know that if Republican Yuck wins the primary instead of a rock solid conservative, we'll be hunting in November and the Republican conservative base will be back on the couch watching football instead of turning out the vote. The result will be the same as 2008, and America will be inundated with teleprompter Burp for four more years, that is, if America can last that long.