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The Right of the People to be Secure in their Persons, Houses, Papers, and Effects,
Against Unreasonable Searches and Seizures,
Shall Not Be Violated

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Saturday, March 01, 2014

“In such a case the Unites States would be compelled to aid the Ukrainian Citizens in every conceivable manner over the long term”

The quote Mr. Obama did not make today to this:
From the office of the President of Russia:

Telephone conversation with US President Barack Obama

Vladimir Putin had a telephone conversation with President of the United States Barack Obama on the American side’s initiative.
The two presidents discussed in detail various aspects of the extraordinary situation in Ukraine.
In reply to Mr Obama’s concern over the possibility of the use of Russian armed forces on the territory of Ukraine, Vladimir Putin drew his attention to the provocative and criminal actions on the part of ultranationalists who are in fact being supported by the current authorities in Kiev.
The Russian President spoke of a real threat to the lives and health of Russian citizens and the many compatriots who are currently on Ukrainian territory. Vladimir Putin stressed that in case of any further spread of violence to Eastern Ukraine and Crimea, Russia retains the right to protect its interests and the Russian-speaking population of those areas.
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"President Barack Obama’s handling of the Western response to the Ukraine crisis is now arguably the biggest test of his presidency”

Politico, today
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And suddenly, with a vote, Crimea/Ukraine is no longer so funny

It’s one thing THEORETICALLY (if you are in the Obamacare WH) for the Russians to send some helo’s, Spetznaz and 2,000 troops into a Crimea containing the important Russian naval base of Sevastopol. It’s a whole ball game for Putin to take the step of the Russian parliament voting by 110% (Saddam vote, anyone?) to support his idea of grabbing the Ukraine to ‘protect’ if from extremist elements. Unfortunately there are enough neo nazis, and think alikes to give cover to this subterfuge.
It also becomes a lot easier when the possible counter moves are from a Barack Obama who doesn’t even show up for National Security Council meetings SPECIFICALLY called for this issue today.
CNN today proposed the idea that Putin was simply bullying Obama. Krauthammer called him “flaccid”.
Now, we’ll never know how different the situation would be had McCain won in 2008, or if some other republican took the reins, so it is difficult to say if we would have had the MEANS to act effectively. I doubt that we would. Ukraine’s geographically unfortunate position mimics that of Poland in 1939 … impossible to aid. But that doesn’t mean there aren’t some other levers to push in other places critical to Putin. Levers responsive to military moves and diplomatic moves and economic moves. If nothing else we could just ABROGATE the nuclear limitation treaty, and since the debt is going bonkers anyway, spend the Russians to death as we did the USSR. We HAVE become, again, the world’s largest energy producer.
However in reality, today we have neither the means NOR the will to stop the Russians from doing whatever in the Ukraine. And they know, and the EU knows, and all of NATO knows it.
This is the product strictly of Mr. Obama’s belief in the way of his ideology. His leadership is to lead from behind. This is it’s fruit.
Today I read from some people who are now in the private security industry that this is a pivot point in world history. If the Russians grab Ukraine, it’s welcome back to 1956. But if this is so, there is just no way Mr Obama will choose the path of Dwight Eisenhower.
During the last few years of his admin, J Carter was totally ignored by the world. In the last day we can see how much weight has been given to the presence of Barack Obama.
You ain’t see nothing yet.
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China: A Gang of Knife-Wielding Men (Muslims?) Attack Train Station Slaughtering 28 People, Injuring 113


From the AP:
BEIJING (AP) -- Knife-wielding assailants attacked people at a train station in southwestern China on Saturday in what authorities called a terrorist attack and police fatally shot five of the assailants, leaving 28 people dead and 113 injured, state media said.  
China's official Xinhua News Agency did not identify who might have been responsible for the late-evening attack at the Kunming Railway Station in Yunnan province, but said authorities considered it to be "an organized, premeditated violent terrorist attack." 
In an indication of how seriously authorities viewed the attack, one of China's deadliest in recent years, the country's top police official, Politburo member Meng Jianzhu, was on route to Kunming, the Communist Party-run People's Daily reported. 
The violence in Kunming came at a sensitive time as political leaders in Beijing prepared for Wednesday's opening of the annual meeting of the nominal legislature where the government of President Xi Jinping will deliver its first one-year work report. 
A Xinhua reporter on the scene in Kunming said several suspects had been "controlled" while police continued their investigation of people at the station. The reporter said firefighters and emergency medical personnel were at the station and rushing injured people to hospitals for treatment. 
The authorities said five suspects were shot dead but that their identities had not yet been confirmed, Xinhua reported. Overall, 28 people were confirmed dead and 113 injured, it said. 
A dozen bodies could be seen at Kunming No. 1 People's Hospital, where more than 60 victims of the attack had been taken by midnight, according to Xinhua reporters at the hospital. A doctor at the hospital said medical personnel were so busy treating the injured that they were still not sure of the exact number of casualties.
From the New York Daily News:
China has blamed similar incidents in the past on Islamist militants operating in the restive far western region of Xinjiang, though such attacks have generally been limited to Xinjiang itself. 
China says its first major suicide attack, in Beijing's Tiananmen Square in October, involved militants from Xinjiang, home to the Muslim Uighur people, many of whom chafe at Chinese restrictions on their culture and religion. 
Hu Xijin, editor of the influential Global Times newspaper, published by the ruling Communist Party's official People's Daily, wrote on his Weibo feed that the government should say who it suspected of the attack as soon as possible. 
"If it was Xinjiang separatists, it needs to be announced promptly, as hearsay should not be allowed to fill the vacuum," Hu wrote.
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The Unmarked, Matte-Gray Crown Vic



I almost got hit by one of these unmarked Crown Vic's as I was driving through a green light at 5:30 AM, about three months back.

The unmarked Crown Vic (which I do not know for a fact to have been a police car) drove, at a high rate of speed, through a red light, and came within five feet of hitting my car, and perhaps killing me and my passenger.

Given the fact that I have no idea whether the car was, in fact, a Police Car, I have no recourse to the law, no way to appeal, or file a report.

That is as good a reason as any to NOT have such vehicles on the street.
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Cigarette Machine

Fred Eaglesmith

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Target Memphis: Another Massive Mega-Mosque Compound in Middle America

What This Country Needs Is More Muslims

From Pamela Geller:


Memphis  is one of those gateway cities in which the State Department dumps whole Muslim communities under the Refugee Resettlement programs. The OIC (Organizaion of Islamic Cooperation)-driven UN designates who and who isn’t a refugee. Is it any wonder that Christians are trapped in Muslim countries while jihadists are welcomed here with full entitlements? These towns and cities like Lewiston, Maine, Nashville, Emporia, Kansas et al that are designated as “preferred communities” don’t know what hit them. Memphis is a “preferred community” for refugees, according to the US government, which is doling out grants to further assist these hostile invaders.
Now that beleaguered city is getting a seven-million-dollar, 63,144-square-foot mega-mosque. Who pays for these mosquestrosities?
Here is a typical account of what happens to an otherwise oblivious town when invaded:
READ THE WHOLE THING.
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Today in this Obamanation

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Latest Russian fourth-generation Strategic nuclear submarine "Vladimir Monomakh" will remain at sea to continue tests


From Will at THE OTHER NEWS:

latest Russian fourth-generation Strategic nuclear submarine (NPS) "Vladimir Monomakh" will remain at sea to continue tests. (Flot)

Strategic nuclear submarine (NPS) of the latest fourth-generation Project 955 "Borey" "Vladimir Monomakh" from the beginning again continue to test navigation in the sea.

On February 27 this corr. ITAR-TASS reported the press service of the military shipyard "Sevmash" in Severodvinsk, where he built a submarine, after a meeting of the interdepartmental working group.

"Spotlight representatives shipbuilding companies, designers, counterparty organizations were issues concerning the construction of nuclear submarines of new generation projects," Ash "and" Northwind ", - said the press service. workshop in the stack" Sevmash "is working in a submarine project" Borey "" Prince Vladimir "and the project" Ash "" Kazan "and" Novosibirsk "." Overall submarine construction of these projects are on schedule, "- stressed on the" Sevmash ".

"Vladimir Monomakh" - the third ship of the "Northwind." It belongs to a class of missile strategic submarine cruisers. nuclear ice was laid on the "Sevmash" March 19, 2006 year - to celebrate the 100th anniversary of the Russian submarine fleet. shipbuilders in 2013 "Sevmash" was transferred to Russian Navy, the lead ship of Project 955 "Borey" "Yury Dolgoruky" and the first production ship of this project "Alexander Nevsky." In 2006 and 2012 on "Sevmash" were laid two serial ship of this project: "Vladimir Monomakh" and "Prince Vladimir" (the latter for improved design 955A. - ITAR-TASS).

"Vladimir Monomakh", is expected to be adopted in 2014. Submarine class "Northwind" designed to CDB Marine Engineering "Rubin" (St. Petersburg). In their construction applied advancements improve hydrodynamics body and significantly reduce noise. The main armament of warships - the new missile "Bulava". Each submarine project 955 can carry 16 intercontinental ballistic missiles (ICBMs) for solid fuels P-30 "Bulava" with a range of more than 8 thousand km, equipped with MIRV individual targeting.

Submarine rescue chamber equipped with a pop-up designed for the entire crew. Length "Boreas" - 170 m, width - 13.5 m, maximum depth - 450 m, submerged speed - 29 knots (about 54 km / h), displacement overwater - about 14.7 tons, scuba - 24 tons, autonomy - 100 days, the crew - 107 people. "Borei" armed ICBM "Bulava", designed to become the basis of the naval strategic nuclear forces of Russia in the coming decades. Total planned to build up to eight 2020 "Boreas" - three of them, and five Project 955 - 955A (upgraded with power weapons - 20 ICBM "Bulava" each). Hmmmmmm.....Run Silent Run Deep.
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The AWESOME power of the American intelligence service

ONCE AGAIN!
FRIDAY AM:

U.S. Spies Say Russia Won’t Invade Ukraine

American intelligence has concluded that Russia won’t openly invade Ukraine, despite a massive military exercise on the border and the armed takeover of local airports.
U.S. intelligence estimates conclude that Russia has no intention of invading Ukraine. This, despite the launch of a massive, new Russian military exercise near Ukraine’s border and moves from armed men to seize two key airports in the country’s Crimea region.
Saturday Morning:

PUTIN ASKS PARLIAMENT TO USE MILITARY IN UKRAINE

Russian President Vladimir Putin has asked parliament for permission to use the country’s military in Ukraine, the Kremlin said Saturday.
Putin said the move is needed to protect ethnic Russians and the personnel of a Russian military base in Ukraine’s strategic region of Crimea.
"I’m submitting a request for using the armed forces of the Russian Federation on the territory of Ukraine pending the normalization of the socio-political situation in that country," Putin said in a statement released by the Kremlin.
He sent the request to the Russian legislature’s upper house, which has to approve the motion, according to the constitution.
So, we could not predict the disintegration of the USSR.
We have been SURPRISED at every single other nation’s test of a nuclear weapon .. that they had them was UNKNOWN, from the USSR in 1949 to Norkland, and undoubtedly to Iran.
We had NO IDEA that China was going to declare an ADIZ over the Senkakus.
9/11.
Iraq had virtually NO WMD.
Benghazi.
But all your phone calls, your GPS locations, your license pix at tool booths, your lies, your truths, are knowable anytime the AUTHORITIES want them and declare them via Star Chamber FISA rubber stamps as necessary to national security … or whenever some jerk decides to take a look.

WHAT THE FUCK ARE WE DOING?

Really? What are we doing?
Who is in charge of the clattering train?
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Another One Of "Those Things"

Somehow I missed this story, dated February 27, 2014.  Probably because of some goings-on at work.

Via Gateway Pundit:
After 3 Years, 2 Months & 10 Days – Tea Party Patriots Granted Tax Exempt Status By Phone Call on Eve of Congressional Testimony

After 3 years, 2 months, and 10 days; after thousands of man-hours, after tens of thousands of dollars in legal and accounting fees – the IRS called Jenny Beth Martin of the Tea Party Patriots to inform her that the conservative 501(c)(4) group was given tax-exempt status.

This was just hours before her testimony today before the House Oversight and Government Reform Committee Subcommittee on the IRS targeting scandal....
This morning, I stumbled across this in the Wall Street Journal:
Connecting the Dots in the IRS Scandal: The 'smoking gun' in the targeting of conservative groups has been hiding in plain sight

The mainstream press has justified its lack of coverage over the Internal Revenue Service targeting of conservative groups because there's been no "smoking gun" tying President Obama to the scandal. This betrays a remarkable, if not willful, failure to understand abuse of power. The political pressure on the IRS to delay or deny tax-exempt status for conservative groups has been obvious to anyone who cares to open his eyes. It did not come from a direct order from the White House, but it didn't have to....
Worth reading.

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And we’re back…Russia will not ignore a request to Putin from Crimea PM for help in restoring calm

Yahoo News:
In Kiev, the new cabinet led by some of the main figures of at-times deadly protests against ousted president Viktor Yanukovych’s pro-Kremlin rule opened its first meeting with the twin spectres of secession and default hanging over Ukraine.
The new government was dealt a new jolt when Russia’s energy giant Gazprom bluntly warned Kiev that it had accumulated a “huge” debt for unpaid natural gas that needed to be urgently paid.
Not only was that a major precipitating factor in all this, but gas to Ukraine was SHUT OFF to ‘exert pressure’ on the people in their voting. I am reminded of criticisms of United Fruit on this one.
Crimea’s newly-chosen prime minister followed that up by calling on Russian President Vladimir Putin to help restore “peace and calm” amid his standoff with the Kiev authorities.
"Taking into account my responsibility for the life and security of citizens, I ask Russian President Vladimir Putin to help in ensuring peace and calm on the territory of Crimea," Sergiy Aksyonov said in an address broadcast in full on Saturday by Russian state television.
A source in the Kremlin administration soon told Moscow’s three main news agencies that “Russia will not leave this request without attention.”
Any questions?
Yes, I hear you. No the USA will attend the GS-8 in Sochi, anyway, because we realize we have to keep up the appearance that we can achieve nuclear disarmament, which is far more important to far more people than the battlefield at Balaclava.
There is blood in tropical waters, and sharks all around. Crimea and Ukraine and what Russia is doing are only symbolic of who and what the USA is right now.
Why do we even bother with a White House press corps when there is no point to anything Obama has to say, and no one WHO COUNTS out there in the real world, is paying attention?
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Crazy

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Google Warns 'Innocence of Muslims' Ruling Will Create Hollywood Chaos

Dirka, Dirka - A Jihad Upon Youtube

From Hollywood Reporter:
Google is really freaking out about Wednesday's ruling determining that Innocence of Muslims actress Cindy Lee Garcia could assert a copyright interest in her performance in the film and that as a result, the controversial anti-Islamic film had to be wiped from YouTube. 
The web giant has filed a new emergency motion to stay the disposition pending a rehearing before a larger panel at the 9th Circuit Court of Appeals. In doing so, Google has some bold First Amendment warnings about the implications for allowing an actress with five seconds of screen time to enjoin its distribution of Innocence of Muslims: 
"The panel has adopted a novel interpretation of copyright law that will invite uncertainty and chaos for the entertainment industry, documentary filmmakers, amateur content creators, and for online hosting services like YouTube, allowing bit players in movies, videos, and other media to control how and when creative works are publicly displayed." 
How so? Google continues: 
"Under the majority’s analysis -- absent contractual shifting -- movie extras could register copyrights in their reaction shots, facial expressions, and mimed chatter. Background singers on a record could register their 'oohs' and 'ahhs.' The list goes on." 
Could the ruling be the end of YouTube? Google says: 
"Most of the millions of amateur filmmakers who upload their videos and other creative works to YouTube presumably do not have written agreements with those who appear in their videos. That means anyone who appears in those videos -- even for five seconds -- will now have independent authority to contact YouTube and demand their removal." 
And what about Hollywood? More from Google: "To be sure, many professional filmmakers try to obtain releases from participants. But how long have they done so? And how long do they keep them? And do they obtain them from everyone with even the smallest role? 
The majority's approach opens the door to an extra in even Gone With the Wind contacting Netflix and demanding that it purge every copy of the film from its inventory." Google says the copyright system isn't meant to deal with such fallout and points to something we wrote on the day the ruling was released. 
"Nor would the implied-license doctrine solve the problem. YouTube, after all, could not meaningfully adjudicate a takedown dispute if a bit player asserted that he had been misled about what his role in the film would be. 
Implied contract claims are intensely factual and subject to defenses -- such as the fraud-in-the-inducement defense the majority identified -- that third-parties like YouTube are ill-equipped to adjudicate. Its only choice would be to roll the dice with an infringement suit or remove the video. 
As one commentator has already recognized, the majority's rule will ensure that online service providers like Google and YouTube 'will have tough days ahead of them in determining how to respond to copyright takedown notices from individuals who, before today, might not have been presumed to hold any interest in copyrighted material.'" 
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CT State Police Spokesman: Opposing Door to Door Gun Confiscation Is “Un-American” (Audio)


Guerilla Media Network Producer Guerilla Girl Ashley contacted Connecticut State Police to inquire about the recent letter sent to residents regarding gun confiscation in Connecticut. “Sandy Hook” State Police Spokesman Lt. Vance answered the telephone and spoke to Ashley.
The recording of the call reveals the shocking disregard this sworn peace officer has for the U.S. Constitution, and even goes so far as to call Ashley “un-American” for inquiring about the constitutionality of the gun confiscation law.


LIEUTENANT VANCE, HUH?
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Friday, February 28, 2014

October 22, 2008 PALIN WARNS RUSSIA MIGHT INVADE UKRAINE IF OBAMA WINS- FACES DERISION

Foreign Policy Mag:
Speaking Tuesday at a rally in a Reno, Nevada, Republican vice-presidential nominee Sarah Palin had a little fun with her counterpart on the Democratic ticket, thanking Joe Biden for warning Barack Obama’s supporters to “gird your loins" for an international crisis if the Illinois senator wins.
Palin helpfully offered four scenarios for such a crisis, one of which was this strange one:
After the Russian Army invaded the nation of Georgia, Senator Obama’s reaction was one of indecision and moral equivalence, the kind of response that would only encourage Russia’s Putin to invade Ukraine next.
Watch the video here:
As we’ve said before, this is an extremely far-fetched scenario. And given how Russia has been able to unsettle Ukraine’s pro-Western governmentwithout firing a shot, I don’t see why violence would be necessary to bring Kiev to heel. Watch the upcoming parliamentary elections in December to see if Moscow gets the pliable new government it wants.
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
I don’t think that much of Palin, but you have to admit this is getting more hysterical by the second.
WE ARE SO SCREWED
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Today’s Ministry of Truth Definition: UNCONTESTED ARRIVAL

Admin officials tell CNN’s Barbara Starr this is an “uncontested arrival” not necessarily “an invasion” and that this distinction is “key.”
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Joshua Redman & The Bad Plus
36th Vitoria-Gasteiz Jazz Festival (2012)


01 - 2 P.M. 0:00 / 02 - Thriftstore Jewelry 15:17 / 03 - People Like You 23:27 / 04 - Big Eater 35:20 / 05 - Silence Is The Question 45:02

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From The Mouth Of The Enemy

Via Jihad Watch (citing the Telegraph):
The Islamist killers of Drummer Lee Rigby erupted into violence in an Old Bailey courtroom as they were sentenced for murder.

Michael Adebolajo, 29, and Michael Adebowale, 22, had to be manhandled out of court by security guards after being told by Mr Justice Sweeney that their crime was a “betrayal of Islam”.

Adebolajo screamed at the judge as he was manhandled down the dock stairs in the historic Court No 2 but, in scenes lasting several minutes, his co-defendant was held to the floor and cuffed before being carried downstairs head first….

Angered by the judges’ comments about Islam, Adebowale stood up and shouted: “That’s a lie. It’s not a betrayal of Islam. You don’t know what Islam is.”


The struggle erupted as the murderer yelled: “I swear by Allah that America and Britain will never have any safety. Allahu Akbar [God is Great].”…
It seems to me that people, voluntary dhimmis, are perseverating in believing what they want to believe instead of facing the facts about what the Koran and the Haditha teach. Therefore, those of us who are trying to debunk the whitewash have an uphill battle, an uphill battle that has consistently become worse since 9/11 and the jihad attack on the Boston Marathon. Not even a beheading in the streets of 21st Century London matters to those who wish to believe that Islam means peace!

We are Cassandras.

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They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.
 
Benjamin Franklin

AMERICANS, please read the next four posts and then ask yourselves how long we will continue to allow our rights to be ignored, our privacy trampled and violated, by political and law enforcement overreach and abuse? And what the hell are we going to do about it and when?
 
WHEN WILL WE FINALLY STAND UP AND SAY ENOUGH! THUS FAR AND NO FURTHER?

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A Hit Against The Second

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Second Amendment

The Blaze:

Is Gun Confiscation on the Way in Connecticut? Owners of Newly ‘Illegal’ Firearms May Soon Start Receiving Notices (UPDATED)

UPDATE: A spokesperson with the Special Licensing and Firearms Unit of the Connecticut Department of Emergency Services and Public Protection told TheBlaze that a letter has been drafted to send to gun owners who are found to be in possession of unregistered semi-automatic rifles deemed illegal by the state’s new gun control law. However, “not a one” letter has been sent out so far.
The spokesperson, who didn’t want to identify herself, refused to comment on the content of the draft letter. When we asked what other action the state plans to take against owners of unregistered so-called “assault rifles, the spokesperson said we should contact the governor’s office because that’s where they get their orders from.
It’s not clear if the letter published by the Capitalism Institute is authentic, though we can confirm a draft letter does exist.

After tens of thousands of defiant gun owners in Connecticut chose not to register their semi-automatic rifles to comply with a hastily-passed gun control law, the state is now taking some action. Officials are reportedly notifying gun owners who submitted late applications that they have one last chance to get rid of their “illegal” weapons.
State officials did accept some gun registration applications that were submitted after the Jan. 4 deadline, however, not all late applications were accepted, the Journal Inquirer reports.
“But rather than turn that information over to prosecutors, state officials are giving the gun owners a chance to get rid of the weapons and magazines,” the report adds.
So gun owners who actually tried to register their guns and magazines, intentionally late or not, are now on the state’s radar for owning guns that became illegal overnight. Owning an unregistered semi-automatic rifle or high-capacity magazine that was legal prior to Jan. 3 is now a class D felony under the new law.
The Capitalism Institute claims to have obtained a copy of the notarized letters Connecticut officials are sending out to late registration applicants:
Source: The Capitalism Institute
Source: The Capitalism Institute
While we can’t confirm the authenticity of the letter above, the Journal Inquirer, which is a local paper covering North-Central Connecticut, reports the state does hold notarized letters for violators.
As TheBlaze reported earlier this month, as little 15 percent of the now-illegal semi-automatic rifles have actually been registered with the state of Connecticut.
“No one has anything close to definitive figures, but the most conservative estimates place the number of unregistered assault weapons well above 50,000, and perhaps as high as 350,000,” the Courant reported.
Republican state Sen. Tony Guglielmo recalled talking to a constituent who informed him that some gun owners are intentionally taking part in “civil disobedience” because they feel the law is unconstitutional.
It’s unclear if the state plans to start prosecuting gun owners who don’t dispose of their semi-automatic rifles or high-capacity magazines — or if they have a plan to check to see if the late applicants comply with the warning. It’s also uncertain if the state plans to go about identifying gun owners who didn’t try to register their guns at all.
Though it was too late to contact the Connecticut Department of Emergency Services and Public Protection on Wednesday, TheBlaze will reach out to the agency on Thursday.
Again, this viral photo of Connecticut gun owners waiting in line to register their guns in December, which one person said reminded them of the “Weimar Germany,” still seems relevant:

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A Blow To The Fourth

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
 
Fourth Amendment


The Blaze:

The Supreme Court Has Given Police Another Way to Search Your Home Without a Warrant

Make sure you’re on good terms with your roommate or spouse — the Supreme Court now says just one occupant of a home can give consent to searches without a warrant, even if an individual has previously objected.
few
The Supreme Court ruled this week that as long as one occupant of a home consents to a search, law enforcement may enter without a warrant (Shutterstock).
The nation’s highest court ruled 6-3 in favor of law enforcement Tuesday in Fernandez v. California, which stemmed from a 2009 arrest and search in connection with a robbery in Los Angeles. Simply put, a girlfriend gave law enforcement access to her apartment after her boyfriend initially refused the search. But after the man was arrested and police returned to the apartment, the woman consented.
The decision gives authorities more leeway to search homes without obtaining a warrant, even when there is no emergency.
The 2009 case began when LAPD officers responded to reports of a street robbery; they pursued a suspect from the scene to an apartment building, then heard shouting inside a unit and knocked on the door. Roxanne Rojas — the girlfriend — opened the door, but Walter Fernandez, told officers they could not enter without a warrant. The Los Angeles Times reported:
“You don’t have any right to come in here. I know my rights,” Fernandez shouted from inside the apartment, according to court records.
Fernandez was arrested in connection with the street robbery and taken away. An hour later, police returned and searched his apartment, this time with Rojas’ consent. They found a shotgun and gang-related material.
Tuesday’s decision upheld the LAPD’s actions. Justice Samuel Alito wrote in the majority opinion: “A warrantless consent search is reasonable and thus consistent with the Fourth Amendment irrespective of the availability of a warrant.” Moreover, he added, “Denying someone in Rojas’ position the right to allow the police to enter her home would also show disrespect for her independence.”
In the past, the court has frowned upon most searches of residences except in the case of an emergency or if the police had a warrant from a judge.
In 2006, the Supreme Court came down against the police in the case of Georgia v. Randolph. After a domestic violence investigation, the male suspect refused to let the police search his home while his wife welcomed the search. The police went in.

Alito, writing for the majority, said
Justice Samuel Alito, writing for the majority, said; “A warrantless consent search is reasonable and thus consistent with the Fourth Amendment irrespective of the availability of a
warrant.” (AP)

In the case eight years ago, the Supreme Court ruled the man’s refusal should have stopped the cops in their tracks. “A physically present inhabitant’s express refusal of consent to a police search [of his home] is dispositive as to him, regardless of the consent of a fellow occupant,” the court said.
Writing in dissent of Tuesday’s decision was Justice Ruth Bader Ginsburg, joined by Justices Sonia Sotomayor and Elena Kagan, who accused the majority of weakening the Fourth Amendment and granting the police too much latitude, according to Reason.com:
“Instead of adhering to the warrant requirement,” Ginsburg wrote, “today’s decision tells the police they may dodge it, nevermind ample time to secure the approval of a neutral magistrate.” This ruling, she charged, “shrinks to petite size our holding in Georgia v. Randolph.”

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Defying The First

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
 
First Amendment



The Blaze:

Bystander: ‘I Thought I Had Freedom of Speech Here.’ Officer: ‘You Don’t! You Just Lost It.’

As Baltimore County cops in Towson, Md., arrested at least two people, a man began filming the scene from the sidewalk. Within moments, he was approached by officers who threatened to arrest him if he didn’t “get the hell out of here.”
angry cop
Video screengrab
“You diverted my attention from that,” an officer says in the video when the man filming argues he hasn’t done anything wrong. “Leave!”
Demanding that a bystander leave the scene of an arrest is not out of line. It’s what another officer said after the man had retreated that is getting so much attention.
“Look at me. Do you see the police presence here? We are not f***ing around, do you understand? Do not disrespect us and do not not listen to us,” the cop is heard saying. “Now walk away and shut your f***ing mouth or you’re going to jail.”
Though he says “OK,” the man filming, identified as 21-year-old Sergio Gutierrez, then asks: “Have I committed a crime, sir?”
This apparently infuriated the officer. He turned around, grabbed Gutierrez and again threatened to arrest him.
“Do not open your mouth,” the cop orders.
“I thought I had freedom of speech here,” he replies.
“You don’t! You just lost it,” the cop barks. “Walk away and keep your mouth shut.”
The video, which was going viral on Wednesday, was uploaded on Vimeo on Monday. User “Gootz” claims he is the person who filmed the video but claims he was “not the person taunting the officers in the beginning of the video.”
Watch below (Warning! Very strong language):

Baltimore County cops doing their thing at the Towson bars. from Gootz on Vimeo.
“County police, auxiliary officers and state police were all responding to a large crowd and disturbance on York Road. County police officials became aware of the video of the altercation Tuesday morning and have launched an investigation,” CBS Baltimore reports.
“We are concerned about what we saw in the video and the department will be taking a thorough look at that video,” spokeswoman Elise Armacost said.
In an interview with WBAL-TV, Gutierrez said the incident was a “disaster” and speculated that officers may have had too much adrenaline pumping through them.
“They just kind of lost it,” he added, saying he doesn’t regret recording the incident.

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posted by midnight rider at permanent link# 0 Comments

One starts to wonder how OFTEN this kind of thing is going on

More police excess. Every day? How many times a day? Exceptional? Not notable? Growing?

We have no idea. Should we all be alarmed? Or is overzealous and brutal, brusque, unconstitutional behavior so exceptional no attention should be paid.
I think maybe we should notice every incident.

Cops tackle, beat, pepper-spray, pin, suffocate, kill innocent man

Disturbing video of a police incident in an Oklahoma parking lot shows a man who had committed no crime dying after being roughed up and violently restrained by four cops–all while his grief-stricken wife watched in horror.
The man, 44-year-old Luis Rodriguez, died in a Moore, Oklahoma movie theater parking lot. Police were responding to a reported domestic disturbance. Rodriguez’s wife admitted to slapping the couple’s 19-year-old daughter in the face over a disagreement about the girl’s behavior. Rodriguez, however, was not involved and had not done anything wrong, according to local news reports.
But when police arrived, they wanted to question Rodriguez. According to the Moore police department, Rodriguez was not cooperative, and cops were forced to handcuff and restrain him.
Cell phone video shows the immediate aftermath of the restraining process. Several cops can be seen pinning Rodriguez face-down on the ground. One officer kneels on his back while others hold his arms. He does not move or speak at this point, and it’s unclear whether he is still alive. The officers seem unaware that anything is wrong, however, and continue to keep him pinned.
The footage was shot by Mrs. Rodriguez. Another officer kept her several feet away from her prone husband. Both this officer and Mrs. Rodriguez remain civil toward each other–at least until the ambulance arrives. At that point, Mrs. Rodriguez realizes that her husband is completely limp, and panics that he is dead.
“You killed my husband!” she shouts, and then begins to cry.
Rodriguez’s death is being investigated. The results of the autopsy have not yet been disclosed. Security camera footage has yet to be released as well, and could shed more light on how Rodriguez died, according to News 9.
But Michael Brooks-Jimenez, an attorney for the family, said the available footage left little doubt that police were responsible.
“Taking him face down onto the pavement, pepper-spraying his mouth, nose and eyes and putting the weight of five grown men on top of him, and then handcuffing him as he was unconscious or already dead,” he recounted in a statement.
Police Chief Jerry Stillings said that he has not yet seen any footage demonstrating that the cops misbehaved.
Three of the officers involved have been placed on administrative leave.
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posted by Epaminondas at permanent link# 2 Comments

Layer Cake of Conscientious Objection

By now we all know the story. A gay couple asked a religious baker to make them a wedding cake, and he responded he would do anything else but that his religious beliefs prevented him from baking a cake.
The result was a law recently vetoed in Arizona which if passed would have allowed private business to refuse service, employment or what not.
Having grown up during the 50’s I have a certain negative feeling about that. I see in my mind the lunch counters, the buses, the marches over the bridges, and the fire hoses, and most of all, the lynches and the bombed out churches which lasted till just past the mid 60’s, finally encompassing me.
But this nation is NOT that nation.
To my knowledge, in the modern world, only the Dutch Reformed Church of South Africa attempted a religious belief argument in favor of this discrimination, by some truly tortuously wrought ‘logic’.
But these struggles were not about the BENEFIT of purchasing a wedding cake. These struggles were to deny equal opportunity to all, or to ensure it.
Beginning with AT LEAST World War 1, the USA recognized the idea of a conscientious objector to war. In this link remains the official US govt position on becoming a CO. To become a CO was not easy. HERE is Wikipedia’s blurb on this.
As a citizen I fail UTTERLY to see the civic purpose of any person group or couple using the vast coercive power of govt to compel a contract on another private citizen who truly has RELIGIOUS, AND THEREFORE CONSCIENTIOUS OBJECTION, in this manner.
In fact this action has taken someone (me) who believes that any two adults should be able to construct any kind of relationship they want, and call it anything they want, and to hell with the rest of the planet, and instead brought me down squarely against the idea of COMPELLING someone to do your particular bidding if you feel set upon.
Some people cannot wait to feel grievance, and then act on it to force others to relieve their personal issue. Such people can easily GO TOO FAR. As a former proud outside agitator, I have to tell you, THIS is too far.
Gov Brewer did the right thing in vetoing a law which might have allowed refusal of employment to certain people based on PREJUDICE, but now we also have an untenable situation.
No law should bar employment by personal discrimination, nor should it allow a class of any sort to be set upon, but this action to make a contract compulsory is a great wrong, IN THIS CASE. I am certain there are those who have true religious objection to people of the same sex marrying. I know there are those who also feel abortion is murder. That is faith, not fact, but must be respected and more importantly TOLERATED. Certainly we can devise a legal, short  test for this and exempt such conscientious objectors from compulsory service.
If we allowed those who had such objection to be exempt from defending the nation and our families, certainly we can find a simple process to exempt people from being compelled to BAKE GAY WEDDING CAKES.
REALLY, people.

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posted by Epaminondas at permanent link# 12 Comments


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