Posts Tagged ‘expert testimony’

Obama Executive Order Cannot Legally Enact Rifle-Reporting Law

July 14, 2011

Effort to Bypass Congress Is Illegitimate, Experts Say

Similar Laws Have Required Bills, Open Debate, Recorded Votes

News Media Asleep at the Wheel, Reporting Without Questioning

Firearm Owners Protection Act Bans Such Proposals Altogether

Congress Already Rejected Reporting for Long Guns

If this stands up, limits on power fall apart — Is that the true goal of Project Gunrunner?

The effort by the Obama administration to establish new gun law by executive order is not a legal method for enacting law in the United States, according to Alan Korwin, a national expert on gun law and author of nine books on the subject. Other experts agree that such a measure requires an act of Congress, and cannot legitimately be implemented by executive order, as Mr. Obama is attempting to do.

“We already have rapid-reporting requirements for multiple firearm sales, for handguns,” Mr. Korwin notes, “and this required Congress to draft and enact a statute, which became federal law 18 U.S.C. §923(g). It’s not legal to create another similar law for long guns without Congress,” Korwin says.

When that law was changed to allow reporting of multiple handgun sales to local authorities, in addition to federal officials, that also required federal law, which was passed as part of the Brady bill. Congress had an opportunity to include long guns in those reporting requirements, and rejected it. Congress is the only entity with legitimate power to change that, Korwin and other experts say.

According to knowledgeable observers, a firearms bill like this would not make it through Congress, since the House is firmly in pro-gun-rights Republican hands. This may explain Obama’s effort to sidestep Congress and attempt to enact a gun law by decree instead of due process and open
transparent deliberation. “Mr. Obama knows such a bill would have no chance of passage in the current Congress. His attempt to avoid Congress is an affront to all Americans, regardless of where they stand on the gun-rights issue,” said Larry Pratt, executive director of Gun Owners of America. “Apparently the president is a fan of former Clinton advisor Paul Begala’s approach to government: “Stroke of the pen, law of the land. Kinda cool!”

A president who attempts to pass laws on his own is dangerous to the nation.

“If the administration can get away with this and enact new law without Congress, there is no practical limit on presidential exercise of power, a truly frightening development,” says Philip Van Cleave, a civil-rights activist and president of the Virginia Citizens Defense League. “Even attempting to grab such power is a tyrannical act,” Van Cleave says.

No justification or rationale is known that would allow such action regarding rifle sales, when the essentially same law for handguns required a bill and proper passage. This goes even one step further than Obama’s federal health care law, which then Speaker of the House Nancy Pelosi said we would have to pass to learn what’s in it. That at least used Congress for an appearance of legitimacy, this bypasses Congress completely.

Equal treatment under the law would also be defeated by the move, since the attempt singles out dealers in only four states — California, Arizona, New Mexico and Texas. One gun dealer, who refused to be identified, pointed out that this will force Mexico’s deadly vicious drug cartels to make their illegal straw purchases in the other 46 states.

Nevada, Utah, Colorado and Oklahoma are the next closest states to the Mexican border, and could conceivably see an uptick in the sales Obama claims he is trying to thwart. Those states would be under no obligation to report multiple sales, though licensed dealers are typically vigilant and report sales that seem suspicious, if for no other reason than to protect their licenses to operate.

“The whole scheme is preposterous,” says Kim Grady, a board member and national coordinator for Second Amendment Sisters. “Federal agents were the ones smuggling guns into Mexico in the first place, to bolster the numbers Mr. Obama, Hillary Clinton and Eric Holder were loudly promoting to build support for more gun control — even after their numbers were exposed as false,” Ms. Grady notes. “The ATF-managed straw sales were repeatedly reported to ATF officials, who ignored the information. Now dealers will be required to do what they were already doing, to the rogue agency that ignored them? This has nothing to do with gun control, and everything to do with control.” If a new law is needed, Grady said, it’s one to imprison federal agents who cooperate in gun smuggling, not more paperwork for honest and conscientious licensed business people.

According to ATF, the new edict will generate 18,000 reports in a year. It is unknown where the staff and money to handle such a load will come from, or how the information will be used. FOPA specifically bans collecting this information in any sort of federal facility.

According to Charles Heller, the newly appointed executive director of Jews for the Preservation of Firearms Ownership, “The ultimate aim of all regulations like the one in this executive order, is to make it so difficult for private citizens to own and shoot a gun, that they no longer bother to do so. This is EXACTLY what the Declaration of Independence, whose anniversary we just celebrated, refers to as ‘sending forth agents to eat out our substance.'”

Heller notes that, “In the recent Gunrunner debacle, the Obama administration attempted to pad the statistics of ‘crime guns’ going to Mexico from the U.S. This is a violation of several U.S. laws, committed by law enforcement agents who failed to refuse illegal orders. The solution is simple and straightforward — disarm the agents and decertify the agency as a law enforcement organization. Remove their badges, and give them business cards like any other bureaucrats. Turn them from jack-boots into gumshoes.”

According to published reports, Obama promised action on gun restrictions to long-time anti-rights activist Sarah Brady, saying they would come “under the radar,” after he got things properly positioned. It defies imagination to suggest that Project Gunrunner, and the Fast and Furious smuggling crimes were just fronts that had nothing to do with padding the numbers, gun smuggling, or even building political support for gun control. “If that was just a smokescreen, all arranged so Mr. Obama could begin enacting gun law by decree instead of through Congress, now that would be one slick pre-planned political stratagem,” said author Korwin, adding, “I can’t believe he’s that clever, but it sure looks like he’s getting that result.”

The NRA has promised a lawsuit to fight the administration’s decree, about the only action short of impeachment that can be taken if a president acts outside the law. That case would be heard in federal courts, which operate under Obama’s Justice Dept. and AG Eric Holder, which have in the past mysteriously dismissed cases they did not like. Voter intimidation by a black panther in Philadelphia, for example, disappeared, even though the club-wielding perp was caught on videotape.

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BACKGROUNDER

As early as Dec. 17, 2010, the National Shooting Sports Foundation reported that an effort was underway to create rifle-reporting requirements:

“An editorial in today’s Washington Post discussed the recent decision by ATF to require federally licensed firearms retailers along the Southwest border to report multiple sales, or other dispositions, of most semi-automatic rifles. Specifically this would impact semi-automatic rifles that are larger than .22 caliber, capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

“Though the Post supports this ill-advised proposal, it did acknowledge the legitimacy surrounding one of industry’s objections:

“When reports of its plan surfaced, the administration came under immediate attack from the gun rights lobby. The National Shooting Sports Foundation, the firearms industry trade association, argued that the administration lacked the legal authority to demand data on rifles and shotguns. It has a point: While Congress authorized the ATF to collect information on handgun sales, it declined to extend the requirement to long guns. A court is likely to be asked to decide whether demand letters may be used to shake loose this information …”
http://www.nssfblog.com/atf-to-require-multiple-sales-reports-for-long-guns/

NSSF continues to oppose multiple sales reporting of semi-automatic rifles. Such reporting requirements will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
http://www.nssfblog.com/more-on-atf-multiple-sales-reporting/

NSSF would also like to remind all members of industry, sportsmen and gun owners to voice their concerns by doing the following:

1. — Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.

2. — E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at Barbara.Terrell@atf.gov

3. — Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121

The NSSF reports that, “According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old. This demonstrates that criminals are not using new guns bought from retailers in the states.”

Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns — it specifically chose not to.

The Washington Post reported on Dec. 17 of last year that, “The plan (to register rifles) by the Bureau of Alcohol, Tobacco, Firearms and Explosives revives a proposal that has languished at the Justice Department and in the Obama administration for several months, according to people with knowledge of the proposal… The idea of such a requirement is so controversial to many gun owners that administration officials proceeded cautiously for fear of provoking the National Rifle Association, sources said.”

The paper quoted Ted Novin, a spokesman for the National Shooting Sports Foundation, who noted the timing after the election and said, “This is an ill-considered proposal and one that ATF does not have the legal authority to unilaterally impose.”

The Post also quoted NRA chief lobbyist Chris Cox, “This administration does not have the guts to build a wall (on the border), but they do have the audacity to blame and register gun owners for Mexico’s problems,” Cox said. “NRA supports legitimate efforts to stop criminal activity, but we will not stand idle while our Second Amendment is sacrificed for politics.”

The original idea, says the Post, was to label the operation as an emergency, and have ATF issue a “demand letter” to 8,500 dealers in the four border states requiring the new reports to a centralized federal facility.

When the NRA got wind of the idea back then, it warned its four million members in a “grassroots alert” that the administration might try to go around Congress to get such a plan enacted as an executive order or rule.

“Emergency approval would last six months, after which the requirement would end unless other action were taken, the draft states,” according to the Post. That time is now up and Obama has seen fit to attempt to continue the operation, in defiance of law and with disregard for Congress.
http://tinyurl.com/6c37t97

From the Firearm Owners Protection Act 18 USC §926 Rules and regulations

“The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter…

(3)… No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act (1986) may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”
This is a special report from The Uninvited Ombudsman, Alan Korwin, author of the Page Nine news media watchblog.
http://www.gunlaws.com/PageNineIndex.htm

Sign up for direct email reports yourself
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Bloomfield Press
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“Don’t be a spectator in the struggle to preserve freedom.”

“No one could make a greater mistake than he who did nothing because he could do only a little.”
–Edmund Burke

Public sentiment is everything. With public sentiment, nothing can fail. Without it, nothing can succeed. –Abraham Lincoln
============

Resources from Bloomfield Press:

If you want to help make a difference, take a look at my page on Tactics That Work:
http://www.gunlaws.com/Tactics%20That%20Work.htm

To see prior issues of my media watchblog, Page Nine:
http://www.gunlaws.com/PageNineIndex.htm

For researched info on News Media Bias:
http://www.gunlaws.com/NewsAccuracy.htm

See my latest papers, news, Updates and more:
http://www.gunlaws.com/newstuff.htm

To find a law anywhere in the country, use our widely acclaimed National Directory:
http://www.gunlaws.com/links/index.htm

You can check out our growing line of Specialty Books with DVDs for gun owners and supporters of freedom and plain-English guides to gun laws across the nation:
http://www.gunlaws.com/books.htm

And finally, for logical, common-sense, reasonable positions on gun issues, try my Position Papers:
http://www.gunlaws.com/updates.htm

Kagan’s “Kiss of Death”

July 12, 2010

By Mathew Staver, Founder and Chairman

Liberty Counsel

The Washington Times called it Elena Kagan’s “kiss of death.”  The more you learn about her successful twisting of expert testimony on abortion and then waffling about it in hearings last week, the more incensed you will become about her nomination to the Supreme Court. Please read my urgent message below.  – Mat.

More than a decade ago, Elena Kagan manipulated expert medical evidence submitted to the Supreme Court. What she did played a key role in the Supreme Court’s decision to strike down the ban on the horrendous partial-birth abortion procedure. She did it for political reasons while working for the Clinton administration.

The Washington Times says Kagan “may be more responsible than anyone for keeping partial-birth abortion legal for an extra decade.”  Pause for a moment to think about that.

In part because of Elena Kagan’s political activism, this horrific abortion procedure – which amounts to infanticide and culminates with a near full-term baby’s brains being sucked out so the skull will collapse – continued to be performed across this country.

Elena Kagan’s “handwritten notes” show that she personally re-wrote the American College of Obstetricians and Gynecologists’ (ACOG) official assessment of partial-birth abortion to better comport with her political views on abortion.

During her Senate Judiciary Committee hearings, Elena Kagan did everything in her power to avoid taking responsibility for manipulating ACOG’s expert testimony, but her defensiveness only spurred closer questioning.

Senator Orrin Hatch asked Kagan a very direct question: “Did you write that memo?” Kagan never actually admitted she wrote the memo but was finally forced to reluctantly acknowledge that, “the document is certainly in my handwriting.”

This hand-written document should be the “kiss of death” for Kagan’s confirmation!

The memo proves that she is a political activist who intentionally corrupted key expert evidence. And it proves that she holds radical pro-abortion political views that make it impossible for her to use the impartiality required of a Supreme Court Justice.

In the final analysis, Elena Kagan’s past actions show that she is a political operative who would use a seat on the Supreme Court to advance a radical political agenda.

++ Unleashing our powerful fax barrage on Monday.

As you know, Liberty Counsel is joining other pro-family groups in calling for a FULL INVESTIGATION of events that took place during Elena Kagan’s tenure in the Clinton White House.

We are also calling for a full review of discrepancies in her testimony before the Senate Judiciary Committee, especially concerning her notes to President Clinton giving political advice about abortion cases being considered by the federal judiciary.

We believe this investigation needs to be completed BEFORE the full Senate takes up Kagan’s nomination.  If the pro-Kagan camp doesn’t accept this course of action, a filibuster should be enacted until the investigation is complete and all relevant documents receive proper review!

I am asking every Liberty Counsel team member to press Senators to examine ALL the evidence that may weigh upon Kagan’s qualification for a lifetime appointment to the Supreme Court.

And the Senate MUST NOT BE RUSHED by the all-too-familiar Obama/Reid/Pelosi arm twisting.

We have included new language in our faxes calling for an investigation and review of all pertinent documents, including Kagan’s writings.  The fax barrage will begin when the Senate reconvenes this coming Monday.

Please go here to initiate your faxes to your two Senators and other key Senators:

http://www.libertyaction.org/r.asp?U=29683&CID=312&RID=25686122

If you prefer, we encourage you to send your own faxes. We have provided all the information you need to reach Senators here:

http://www.libertyaction.org/r.asp?U=29684&CID=312&RID=25686122

++Kagan’s radical political activism should disqualify her.

As I wrote to you earlier, Elena Kagan’s activities in the Clinton Administration should not be characterized as merely the actions of an ambitious young attorney whose zeal temporarily overrode her better judgment.

Rather, they appear to be calculated attempts to manipulate testimony by a seasoned lawyer who was at that time serving as counsel to the President of the United States.

If Kagan purposefully manipulated expert findings, then that was at the very least a disrespectful slap at the Court upon which she aspires to serve.  Some have said that her manipulation of expert testimony approaches the crime of evidence tampering – more than sufficient reason to call for Kagan’s removal from consideration.

The evidence clearly shows that Elena Kagan does NOT have the ability to separate her quest to implement a radical personal agenda from the sacred duty of impartially judging as a Supreme Court Justice.

And if Elena Kagan is seated, she would be in position to review the lawsuits against ObamaCare when they make their way to the Supreme Court.  That is totally unacceptable!

++ Stand with us in opposition to Elena Kagan’s confirmation.

Last week, Liberty Counsel supporters generated tens of thousands of citizen contacts to our United States Senators saying…

“FULLY INVESTIGATE ELENA KAGAN AND OPPOSE HER CONFIRMATION”

There is STILL TIME for all of us to make our voices heard by those on the Senate Judiciary Committee, the Senators uncommitted in their votes, and your own two Senators.  This is especially true now that Elena Kagan has waffled during testimony about her personal notes to President Clinton on partial-birth abortion.

Your faxes to the Senate will be delivered along with thousands of other citizens’ faxes as part of our massive FAX BARRAGE that resumes on July 12th.

Go here to schedule your targeted faxes:

http://www.libertyaction.org/r.asp?U=29685&CID=312&RID=25686122

++ The tide is turning.

Americans are getting wise to the true Elena Kagan. Many Senators have already declared their “no” vote on her nomination.

Kagan’s confirmation is far from being a “done deal,” contrary to what you hear in the mainstream media. We can still stop this dangerous nominee from being seated on the Supreme Court!

Please, increase your personal impact on this vital issue by taking advantage of our FAX BARRAGE and telling your Senators and other key Senators to deny confirmation to Elena Kagan.

Even if you have already sent faxes, you can add to the volume next week by ordering another set.  This battle warrants our very best efforts!

As I mentioned, we have provided sample letters for you – all you have to do is click on the link below to participate in our powerful FAX BARRAGE of the United States Senate. Also click here for a free seven-page White Paper on Elena Kagan’s legal and political philosophy:

http://www.libertyaction.org/r.asp?U=29686&CID=312&RID=25686122

Thank you and God bless you!

Mathew Staver, Founder and Chairman

Liberty Counsel

P.S.  Elena Kagan has a track record as a radical political operative. The Senate MUST carefully consider ALL the evidence and avoid pressure to rush to a confirmation vote.  We must continue doing everything we can to stand against Elena Kagan’s confirmation!  Go here to access your free White Paper and to schedule your targeted faxes to the Senate:

http://www.libertyaction.org/r.asp?U=29687&CID=312&RID=25686122

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Note: Please do not “reply” directly to this e-mail message. This e-mail address is not designed to receive your personal messages. To contact Liberty Counsel with comments, questions or to  change your status, see the link at the end of this e-mail.)

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http://www.libertyaction.org/r.asp?U=29688&CID=312&RID=25686122

Liberty Counsel, with offices in Florida, Virginia and Washington, D.C., is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family.

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{Editor’s Note:  Elena Kagan is another attempt by Obama to stack the government with leftist liberals that will bow to his bidding. We must let the Senate know that this is totally unacceptable and we are not going to stand for it! Make your voices heard. This corruption must stop NOW!}


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