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katherineharron

Supreme Court sidesteps major ruling on 2nd Amendment after New York changes gun law - ... - 0 views

  • The Supreme Court declined on Monday to rule in a case concerning the scope of the 2nd Amendment, dealing a blow to supporters of gun rights and lawyers for the government who had hoped the newly solidified conservative majority would expand gun rights as early as this term.
  • The case, which was argued in December, concerns a New York City law that regulates where licensed handgun owners can take a locked and unloaded handgun.
  • When the Supreme Court agreed to take up the case, the law blocked individuals from removing a handgun from the address listed on the license except to travel to nearby authorized small arms ranges or shooting clubs.
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  • In a twist, after the Supreme Court agreed to hear the case, the city allowed licensed owners to take handguns to other locations, including second homes or shooting ranges outside city limits. In addition, the State of New York amended its handgun licensing statute to require localities to allow licensed gun owners to engage in such transport.
Javier E

The Cancer in the Constitution - The New York Times - 0 views

  • The amendment itself is not the problem. Yes, it’s vague, poorly worded, lacking nuance. But the intent is clear with the opening clause: “A well regulated militia, being necessary to the security of a free State.”
  • The purpose is security — against foreign invaders and domestic insurrectionists. President George Washington relied on a well-regulated militia from three states to put down the Tea Partyers of his day, the tax-evading lawbreakers in the Whiskey Rebellion.
  • the Second Amendment became a cancer because lawmakers stopped making laws to match the technological advances of weaponry. They did it to appease a lobby of gunmakers. And that cowering to a single special interest shows how the cancer has spread to the democracy itself, making it nearly impossible for majority will to be exercised.
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  • . The Supreme Court, though it ruled 5-4 in the 2008 Heller case that an individual has the right to own a gun unconnected to service in a militia, has left the door open to sensible regulation.“Like most rights, the Second Amendment right is not unlimited,” the court wrote in that case. “It is not a right to keep and carry any weapon whatsoever in any manner whatsoever for whatever purpose.”
  • The disgraced former cable pundit Bill O’Reilly said all the recent carnage is “the price of freedom.” But it’s not the price of freedom in Canada or Japan or England. It’s the price of freedom only in the United States, where mass killings have surged. In every other free country, sanity has prevailed.
  • It’s a no-brainer to pass a law designed to keep people from turning their AKs into machine guns with the so-called bump stocks. But it was also a no-brainer to restrict people on terrorism watch lists from buying guns, as was proposed after the Orlando slaughter of 49 people last year. It failed.
clairemann

We Need to Stop Calling Armed Rightwing Groups 'Militias' | Time - 0 views

  • Over the last month, ever since the indictment of 13 men for plotting to kidnap the governor of Michigan, the word “militia” has appeared in thousands of newspaper headlines and TV news reports.
  • But all of these headlines are wrong, and almost every instance of the use of the word militia by journalists—as well as politicians and even law enforcement—has been wrong. Why? Because there is no such thing as a legal private paramilitary militia.
  • “The use of the word ‘militia,’ when you are talking about anything other than a state militia like the National Guard, is just wrong. Using that term without putting the world ‘unlawful’ in front of it suggests there is some constitutional authority or legitimacy for their existence, which there isn’t.”
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  • All 50 states prohibit private militias. They are illegal. Such organizations were banned starting with the Militia Act of 1903, and then amended by the National Defense Acts of 1920 and 1933.
  • So, to the media, by all means use the word militia for the National Guard, but don’t use it for vigilante groups that go by the name Oathkeepers or III%ers or the Wolverine Watchmen or any other name.
  • These groups use the name militia as a camouflage for their often violent and anti-democratic views. The term evokes the Minutemen of the Revolutionary War, citizen-soldiers who fought the British. But these guys are not heroes; they don’t deserve that historical cover.
  • In the middle of a national pandemic, in a nation riven by social justice protests, with historically high levels of unemployment, and with a contentious presidential election days away, we are at a moment that experts say is a perfect launchpad for acts of intimidation and violence by unlawful militias.
  • These groups saw Barack Obama not only as a Black man, but as a foreigner, an alien, un-American, and not of this country. This belief was aided and accelerated by the birther movement, whose primary promoter was none other than Donald J. Trump.
  • Oh, but doesn’t the 2nd Amendment protect them? Unlawful militias always cite the Second Amendment as providing the DNA of their founding and the justification for their continuation. This, too, is wrong.
  • For these unlawful militias, Election Day could become their Super Bowl. “Local officials, law enforcement, and voters,” says McCord, “need to know that groups of armed individuals have no legal authority under federal or state law to show up at voting locations claiming to protect or patrol the polls.”
  • The First Amendment’s provision of free speech and free assembly is not in conflict with the Second Amendment’s right to bear arms. Yes, burly white guys in camouflage can own guns, they can freely express their opinion that the federal government is going to confiscate their guns, they can “peacefully assemble” to protest that idea, they just can’t do so brandishing their guns and intimidating people, especially voters.
  • “twisted patriots.” They are overwhelmingly white men who appropriate Revolutionary War imagery to cloak their anti-government views.
  • These groups mushroomed in 1990’s after the federal government launched sieges in Ruby Rudge, Idaho, and Waco, Texas. But their appeal dimmed after the 1995 Oklahoma City bombing, which killed 168 people.
  • it is regulated by the State. The Supreme Court, in 1886 and in the Heller decision of 2008 written by Justice Scalia, explicitly permits the states to prohibit “private paramilitary organizations.”
  • Trump’s role in the resurgence of unlawful militias is impossible to measure, but according to both Holt and McCabe, he is seen as a kindred spirit.
  • “there has been a major realignment of militia movement in the U.S. from anti-federal government writ large to mostly supporting one candidate.” That candidate is Donald Trump. When Trump tweeted “LIBERATE MICHIGAN!”; when he said the Proud Boys should “stand back and stand by”; when he expressed sympathy for Kyle Rittenhouse, the 17-year old vigilante charged with killing two protesters in Kenosha; when he smiled as his supporters cheered “Lock her up” about Gov. Whitman—after the kidnapping plot was revealed—he is seen as an inspirational figure and a cheerleader for violence.
  • With the election days away and a possible indeterminate or contested result, what can and should states do? It is a bedrock of our civil law that the government—and only the government—is able to legally and legitimately use force in the maintenance of public safety.
  • “Local authorities in all 50 states,” says McCord, “should know that the law empowers them to restrict paramilitary activity during public rallies and elections, while preserving the rights to free expression and peaceful assembly.”
Javier E

The Poverty of "Data Journalism" and the Irony of Gun Control - Talking Points Memo - 0 views

  • the biggest victory of the NRA over the last generation isn’t so much making even the slightest and most modest gun control measures a political impossibility. The bigger win is the strategic victory of focusing the ‘debate’ on to such small-bore measures.
  • what we might call extreme gun ownership – individuals owning large numbers of often quasi-military firearms – is quite new. The mass casualty shooting is no longer a random freak out by a troubled person: it’s an established American idiom of violence, a way certain people choose to make a statement to the society at large.
  • 78% of Americans own no guns.3% own fully 50% of the firearms in the country.
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  • Would a ban on “assault weapons” prevent a depressed man from killing himself with the handgun he’s owned for twenty years? Of course, not
  • the fact that we have vastly more gun suicides in the US is obviously due to the fact that guns are easy to buy, almost totally unregulated and pervasive, familiar and embedded in our culture. The idea of firearms is deeply embedded in many Americans understanding of their own identity, their sense of their safety and even the way they face or contemplate their own deaths. All of those are true.
  • In most parts of America, it doesn’t seem odd that one person is collecting a small arsenal of dozens of guns and hundreds of rounds of ammunition or that the guns are capable of firing huge amounts of rounds quickly. It’s not just legal. It doesn’t raise any questions or need for scrutiny about a person’s mental state, or about what they plan to do with the weapons. Guns and now extreme gun ownership are deeply embedded in our culture in a way that laws alone, certainly not marginal measures, cannot easily change. This cultural component of the gun problem undergirded and structured by laws, but existing as a reality beyond it is the undiscussed factor in America’s mass violence problem.
  • step back from the small-bore specifics. The clearest factor separating the US from comparable, wealthy industrialized countries is the sheer number of guns we have, the almost total absence of regulation of those guns and the high rates of violence which has been a key component of American culture outside the Northeast for centuries.
  • the problem isn’t the NRA. It’s that support for unfettered rights to guns has grown tremendously over the last generation and politicians in most parts of the country don’t want to go up against that
  • the first step to creating change is to understand and think about – even if only in the minds of those who wish it – what change would actually look like, what it would mean, what would be ideal.
  • We’re now actively debating things that no civilized country has ever even contemplated – the right to take a semi-automatic weapon into a family restaurant or shopping mall. Meanwhile, mass ownership of guns has become and is becoming more and more deeply embedded into the political culture of a vast segment of the population.
  • Those of us who see the current situation as not just non-ideal but actually a sort of societal sickness need to start thinking way beyond things like closing the gun show loophole.In other words, yes, we really do want to take your guns. Maybe not all of them. But a lot of them.
  • that fact out into the open. More than thirty thousand Americans die every year from firearms injuries because we find that an acceptable price to pay for unregulated, mass gun ownership
  • It is also important to accept that to really change the prevalence of firearms deaths in the United States and the scourge of mass casualty shootings would require many fewer guns, a culture of regulation of gun ownership and less prevalence and less social acceptance of people who find their identity and sense of well-being intrinsically tied to the free and mass ownership of firearms
  • Do I think this is likely anytime soon? No, I don’t. But the US has undergone numerous revolutions of values, social acceptability, and laws before. So is it possible? Absolutely. The first step to creating a different, better future is understanding what it would look like and what it would take to get there. For now, we just choose not to do it. We need to accept that.
woodlu

Peril ahead - Donald Trump faces an array of legal trouble when he leaves office | Unit... - 0 views

  • Armchair psychiatrists claim that Mr Trump’s lifelong fear of being seen as a loser has inspired his battle against democracy.
  • at the stroke of noon on January 20th, the legal shield that Mr Trump has wielded to stave off lawsuits will vanish, exposing him to an abundance of civil and criminal legal peril.
  • Manhattan district attorney, Cyrus Vance, has been investigating several possible financial crimes, including Mr Trump’s alleged hush-money pay-offs to an adult-film star and a Playboy model on the eve of the 2016 election
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  • his old boss directed him to pay these women, Stormy Daniels and Karen McDougal, to prevent revelations of extramarital dalliances that could have dented his presidential run. (Mr Trump denies these allegations.)
  • Mr Vance subpoenaed eight years of financial records and tax documents from Mazars USA, Mr Trump’s accountant.
  • the Supreme Court proceeded to sit on a final appeal for three months, staying mum and keeping the documents out of the district attorney’s hands.
  • The ramifications could be serious for Mr Trump as he reprises his role as private citizen: Mr Vance’s office has suggested the investigation may range significantly more broadly than just pay-offs.
  • Potential charges, if evidence is found, could include scheming to defraud, falsification of business records, insurance fraud and criminal tax fraud
  • penalties of up to 25 years.
  • Mr Trump fought assiduously to keep his finances under wraps and soon they may be scrutinised by a grand jury.
  • New York’s attorney-general, Letitia James, is investigating what she says may be fraudulent business practices in which Mr Trump and the Trump Organisation inflated the value of their assets when applying for loans and deflated them to evade tax liability.
  • Ms Carroll wrote in 2019 that Mr Trump raped her in the dressing room of a Manhattan department store; Ms Zervos said he sexually harassed her on set
  • Moments after his second impeachment on January 13th, Ms Carroll tweeted: “Trump tore our democracy. I'm going to tear him to shreds in court.”
  • Mr Racine says some members of the Trump family made a sweet deal with themselves when the inaugural committee—a tax-exempt charity—used non-profit funds to pay the Trump International Hotel $175,000 a day to host events during the 2017 inauguration.
  • a violation of District of Columbia law governing the operation of non-profit organisations.
  • that the non-profit footed the bill for a $49,000 payment that should have been issued by the Trump Organisation, a for-profit business.
  • Persuading someone to use “physical force against the person or property of another” is a federal crime; sparking a riot is a crime under DC law.
  • Given the broad scope for free speech set by the First Amendment, however, it may be hard to make criminal charges stick.
  • whether Mr Trump is guilty of inciting a specific lawless action, as opposed to just general exhortation.
  • Mr Trump could also find himself in legal jeopardy for the hour-long phone call he made to Georgia’s secretary of state on January 2nd.
  • has asked the Department of Justice and Georgia prosecutors to investigate Mr Trump’s bid to find nearly 12,000 votes to swing the election to him some three weeks after the electoral college voted
  • the president may have “illegally conspired to deprive the people of Georgia of their right to vote” and “to intimidate Georgia election officials in an effort to falsify the count of votes in the presidential election”.
  • Mr Trump’s phone call in July 2019 asking Ukraine's president to dig up dirt on Hunter Biden, the son of his eventual rival.
  • it could constitute extortion and criminal conspiracy under New York law.
  • Mr Trump may be tempted to issue himself a presidential pardon.
  • No president has ever attempted such legal onanism, though Richard Nixon contemplated it in 1974
  • Counsel in the Justice Department said it would be out of line with the principle that “no one may be a judge in his own case”
  • A self-pardon may run counter to Mr Trump’s instincts, as it would require him to confess to potential misdeeds.
  • The strategy may also backfire if the courts conclude self-pardons are unconstitutional
carolinehayter

Livestream: Trump Impeachment Trial In The Senate : Trump Impeachment Trial: Live Updat... - 0 views

  • Former President Donald Trump's defense team will make its case Friday, during Day 4 of his Senate impeachment trial.
  • they're allotted 16 hours over two days
  • Their turn comes after Democratic House managers ended their two days of arguments on Thursday, alleging that Trump served as "inciter-in-chief" for insurrection on the U.S. Capitol on Jan. 6.
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  • The Senate began the trial Tuesday, a little more than a month after a mob of Trump supporters stormed the U.S. Capitol. Senators voted 56-44 that the trial was in fact constitutional, even though Trump has already left office.
  • Trump has denied responsibility for stoking the mob on Jan. 6. His lawyers claim he did not encourage unlawful acts and that his comments to supporters that day are protected by the First Amendment. They also argue that he should not be on trial at all, as he is no longer president — though many constitutional experts disagree.
  • "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard."
  • Hours later, multiple people were dead, the Capitol building was in a state of chaos, and still, Biden's election victory was certified by Congress.
  • Trump is not expected to participate in the Senate trial. He also didn't participate in his first impeachment trial, which ended in an acquittal a year ago.
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