Just an arrest - Not a kidnapping

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Just an arrest - Not a kidnapping

Post by Intrinsic »

Barry County Sheriff Dar Leaf. 

When Fox 17 reporter Aaron Parseghian caught up with Leaf to get his thoughts on the men facing charges, specifically whether he regrets appearing on stage with these men at a May 16 rally in opposition to the lockdown orders issued by Gov. Whitmer—orders Leaf said he would not enforce—Leaf gave a downright chilling response. Not only did Leaf say he had no regrets, he said these men were within their rights to conduct a citizen’s arrest of Gov. Gretchen Whitmer. Really, he did. Take a listen to the video to get a better understanding of why he thinks these men had that power. 

https://twitter.com/i/status/1314581815815004160" onclick="window.open(this.href);return false;

Unfukinbelievable garbage.
It was an effort to overthrow the government, kidnapping and assassination.
An arrest my ass.

Leaf belongs to a far-right fringe group who call themselves the Constitutional Sheriffs and Peace Officer Association (CSPOA). They've been in the news lately it’s some of the whackiest and cruelest sheriffs in the news over recent years all belong to this organization, including the Trump-loving disgraced former Milwaukee sheriff, David Clarke. In short, they (wrongly) believe the Constitution gives them the ultimate authority in their county and that they can enforce—or not enforce—whatever laws they want. They also frequently espouse anti-government views. Like many of today’s far-right groups, their ideas are founded in white supremacy

This extremist organization named Leaf “Sheriff of the Year” in 2019.

At the end of the day, once we rid this government of Trump, we need to make a nationwide effort to purge each and every one of these extremist sheriffs with their grandiose ideas based in white supremacy. Everyone in this country deserves unbiased policing and law enforcement who follow the law, not make their own law. 

After all, if they feel empowered to arrest a sitting governor because they disagree with her statewide orders in a deadly pandemic, what’s to stop them or their “militia” friends from knocking on your door next?

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Just an arrest - Not a kidnapping

Post by bentech »

these opinion pieces are WELL worth reading if you want to learn anything progress for justice would find helpful right now...


The Culture War is nothing but a bourgeois distraction from the only war that really matters – Class War

https://www.rt.com/op-ed/502924-culture ... ing-class/" onclick="window.open(this.href);return false;



Leftist journalist hounded online for suggesting Michigan kidnap plotters were radicalized by poverty

https://www.rt.com/usa/503094-michigan- ... ournalist/" onclick="window.open(this.href);return false;
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Just an arrest - Not a kidnapping

Post by bentech »

scott ritter...



The case against the members of the “Wolverine Watchmen”, a Michigan-based militia, is fairly straightforward—they are accused of plotting to kidnap Governor Whitmer. But the effort by leading Democrats, including Governor Whitmer and Joe Biden, to shift the blame onto President Trump, is not as cut and dry as they make it.


“Just last week, the president of the United States stood before the American people and refused to condemn white supremacists and hate groups, like these two Michigan militia groups,” Governor Whitmer said in a statement after the indictments of the 13 suspects in the alleged plot to kidnap her was announced by the FBI. “’Stand back and stand by,’ he told them. ‘Stand back and stand by.’ Hate groups heard the president's words not as a rebuke but as a rallying cry, as a call to action.”

Whitmer was referring to President Trump’s answer during his debate with Joe Biden, when he was asked by the moderator, Chris Wallace, to condemn white supremacists. While Trump has in the past condemned white supremacists on numerous occasions, he fumbled his response to Wallace, opening the door for his political opponents to accuse him of encouraging, rather than condemning, the actions of White Supremacist groups like the Proud Boys, who had been singled out by Wallace and Biden during the debate.

In raising Trump’s debate performance, however, Whitmer and Biden miss the point. What happened in Michigan was not an expression of White Supremacy gone wild, but rather an issue of governmental abuse of power and the feeling of frustration on the part of a certain segment of the population that there is little, if anything, the people can do in the face of such abuse.

A look at the FBI indictment reveals that the plot to kidnap Whitmer supposedly grew out of a June 2020 meeting where the participants, some of whom would be included in the indictment, discussed overthrowing state governments “that they believed were violating the US Constitution.” Whitmer’s name was mentioned in this context.

The “Constitutional violations” alleged by the plotters were linked to measures that Whitmer imposed in April 2020 in response to the Covid-19 outbreak. These measures led to wide-scale protests against Whitmer, including the occupation of the Michigan State Capitol by armed citizens. On April 17, 2020, President Trump tweeted out “LIBERATE MICHIGAN” in support of these demonstrators, followed by a May 1 tweet where he wrote, “The Governor of Michigan should give a little, and put out the fire. These are very good people, but they are angry. They want their lives back again, safely! See them, talk to them, make a deal.”

Whitmer ignored the President, and the resulting resentment helped fuel the anger that underpinned the June meeting where the plot to kidnap the governor was believed to have been hatched.

While the decision by the “Wolverine Watchmen” to perhaps act out against Governor Whitman constitutes a crime of the most egregious nature which cannot be tolerated under any circumstance, the fact is the underlying concern articulated by the militia members in justifying their actions—that Governor Whitmer was violating their constitutional rights—has been shown to have been legally sound.


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Just an arrest - Not a kidnapping

Post by bentech »

scott ritter...



The case against the members of the “Wolverine Watchmen”, a Michigan-based militia, is fairly straightforward—they are accused of plotting to kidnap Governor Whitmer. But the effort by leading Democrats, including Governor Whitmer and Joe Biden, to shift the blame onto President Trump, is not as cut and dry as they make it.


“Just last week, the president of the United States stood before the American people and refused to condemn white supremacists and hate groups, like these two Michigan militia groups,” Governor Whitmer said in a statement after the indictments of the 13 suspects in the alleged plot to kidnap her was announced by the FBI. “’Stand back and stand by,’ he told them. ‘Stand back and stand by.’ Hate groups heard the president's words not as a rebuke but as a rallying cry, as a call to action.”

Whitmer was referring to President Trump’s answer during his debate with Joe Biden, when he was asked by the moderator, Chris Wallace, to condemn white supremacists. While Trump has in the past condemned white supremacists on numerous occasions, he fumbled his response to Wallace, opening the door for his political opponents to accuse him of encouraging, rather than condemning, the actions of White Supremacist groups like the Proud Boys, who had been singled out by Wallace and Biden during the debate.

In raising Trump’s debate performance, however, Whitmer and Biden miss the point. What happened in Michigan was not an expression of White Supremacy gone wild, but rather an issue of governmental abuse of power and the feeling of frustration on the part of a certain segment of the population that there is little, if anything, the people can do in the face of such abuse.

A look at the FBI indictment reveals that the plot to kidnap Whitmer supposedly grew out of a June 2020 meeting where the participants, some of whom would be included in the indictment, discussed overthrowing state governments “that they believed were violating the US Constitution.” Whitmer’s name was mentioned in this context.

The “Constitutional violations” alleged by the plotters were linked to measures that Whitmer imposed in April 2020 in response to the Covid-19 outbreak. These measures led to wide-scale protests against Whitmer, including the occupation of the Michigan State Capitol by armed citizens. On April 17, 2020, President Trump tweeted out “LIBERATE MICHIGAN” in support of these demonstrators, followed by a May 1 tweet where he wrote, “The Governor of Michigan should give a little, and put out the fire. These are very good people, but they are angry. They want their lives back again, safely! See them, talk to them, make a deal.”

Whitmer ignored the President, and the resulting resentment helped fuel the anger that underpinned the June meeting where the plot to kidnap the governor was believed to have been hatched.

While the decision by the “Wolverine Watchmen” to perhaps act out against Governor Whitman constitutes a crime of the most egregious nature which cannot be tolerated under any circumstance, the fact is the underlying concern articulated by the militia members in justifying their actions—that Governor Whitmer was violating their constitutional rights—has been shown to have been legally sound.


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Just an arrest - Not a kidnapping

Post by bentech »

mind you now,
this is A son of a bitch who work for America Legislative Exchange Council...

ALEC

pure scum of the earth...



The Constitutional Reckoning of State Lockdown Orders
Ethan Yang
– October 7, 2020

n October 3rd NPR reported that the Michigan Supreme Court struck down Governor Gretchen Whitmer’s state of emergency and the powers it granted. NPR writes

In a 4-3 majority opinion, the state’s high court said she did not have that authority. “We conclude that the Governor lacked the authority to declare a ‘state of emergency’ or a ‘state of disaster’ under the EMA after April 30, 2020, on the basis of the COVID-19 pandemic. Furthermore, we conclude that the EPGA is in violation of the Constitution of our state because it purports to delegate to the executive branch the legislative powers of state government– including its plenary police powers– and to allow the exercise of such powers indefinitely,” wrote Justice Stephen J. Markman on behalf of the majority.

Governor Whitmer has been one of the more heavy-handed executive figures during the pandemic. One of her policies went as far as to ban the selling of gardening supplies in stores that were still permitted to stay open.

More importantly, however, this court ruling was not the first of its kind but the third in a series of legal victories against lockdown orders. The first was a Wisconsin Supreme Court ruling that declared parts of Governor Tony Evers’ stay at home order unconstitutional and the second was by a federal court that struck down Governor Tom Wolf’s policies in Pennsylvania.

There is no doubt that the governors across the country have gone off the constitutional deep end in response to Covid-19, exercising powers that are not only unprecedented but unproven. These cases, notably in Michigan and Wisconsin, all share some important legal themes that may suggest the beginning of a constitutional reckoning for governors across America.

The Story in Michigan
Back in March, Governor Whitmer declared a state of emergency in response to the pandemic, much like many others across the country. Unlike many other governors, hers was particularly strict and arbitrary. The Mackinac Center Legal Foundation, an organization that represented a number of healthcare firms in a suit against the state write,

“One of the affected medical practices, Grand Health Partners, operates in the Grand Rapids area. It performs endoscopies and other elective surgeries, many of which were deemed nonessential by executive order. Due to the shutdown, many of their patients were not able to receive treatment and have suffered because of it.”

This is one of the many unintended consequences that come with policies such as stay at home orders and deeming certain businesses “nonessential.” Interestingly, this had little to do with the Michigan Supreme Court’s ruling. Such claims would be justified under the equal protection clause guaranteed by the 14th Amendment. However, the court decided to take a different route.

The court ruled that the governor lacked the very authority to continue her state of emergency. The Michigan legislature authorized the governor to declare a state of emergency in March but only until April 30. Governor Whitmer decided to invoke the Emergency Powers of the Governor Act (EPGA) of 1945 as well as the Emergency Management Act of 1976 to grant herself virtually unlimited power. This unilateral and unauthorized exercise of power without legislative oversight was what the court deemed unconstitutional.

The court not only struck down the governor’s emergency powers but it also declared the EPGA unconstitutional, albeit with a narrow margin. Record Eagle writes

“Although the constitutionality of the ’45 law produced a split ruling, the justices unanimously agreed that any orders past April 30 without input from the Legislature were not valid.”

Such a ruling is an absolutely necessary check on the powers of the executive branch by the judicial branch. The Michigan governor was essentially acting in contempt of the democratically elected legislature which did not grant her the power to continue her policies for as long as she did. Record Eagle writes,

“Our Constitution matters, and this was a big win for our democratic process,” said Republican House Speaker Lee Chatfield of Emmet County.

In a footnote to his opinion, Markman offered an optimistic message.

“Our decision leaves open many avenues for the governor and Legislature to work together to address this challenge and we hope that this will take place,” he said.

The Case of Wisconsin
The ruling in Wisconsin was one of if not the first that challenged lockdown orders enacted by state governors. Way back in May, the Milwaukee Journal Sentinel reported that

“The Wisconsin Supreme Court has struck down Gov. Tony Evers’ order shutting down daily life to limit the spread of coronavirus — marking the first time a statewide order of its kind has been knocked down by a court of last resort.”

The court took an angle similar to the Michigan Supreme Court in striking down parts of Wisconsin’s stay at home order because it was made without any legislative oversight. That is that lawmakers in the Wisconsin State Assembly did not grant the governor or his bureaucratic officers the power to enact lockdown policies.

The Pacific Legal Foundation writes

“The Wisconsin Supreme Court’s decision should be seen as a victory for the principle that even in a crisis, the rulemakers must follow the rules. Regardless of how anyone feels about the orders themselves, if the governor and Health Secretary had worked with the legislature as they’re required to—even during crises—they could have crafted a constitutional law that the State Supreme Court likely would have upheld.”

They also explain that

“The Wisconsin Governor issued an order granting Department of Health Services Secretary-designee Andrea Palm nearly limitless power to respond to the crisis without any form of accountability. Even though Palm is not elected by the people and has not yet been confirmed by the state legislature, she was authorized to issue orders to shut down broad swaths of the state’s economy. And Palm’s orders could continue indefinitely without being subjected to public scrutiny. In other words, Palm’s authority violated key safeguards put in place to ensure that rulemakers remain accountable.”

The governor and his public health officials acted without the democratic consent of the people via their elected representatives in the legislature. Unilateral and quite frankly, rogue, actions such as this are a clear violation of the separation of powers doctrine that the Founders put in place to prevent tyranny.

The Case of Pennsylvania
AIER has already covered how a federal court held that Pennsylvania’s lockdown orders were unconstitutional in an article by Stacy Rudin. However, it is worth reiterating again because it is certainly an important case that differs from the rulings in Michigan and Wisconsin. Rudin gives some important context when she writes,

“Pennsylvania Federal Court in Butler County v. Wolf reviewed the indefinite “emergency” restrictions imposed by the executive branch of Pennsylvania government, declaring limitations on gathering size, “stay-at-home orders,” and mandatory business closures unconstitutional. Refusing to accept the alleged need for a “new normal,” the Court stated that an “independent judiciary [is needed] to serve as a check on the exercise of emergency government power.”

About time. The Judicial Branch is coming to save us.”

Pennsylvania implemented many of the lockdown measures that we see in the most draconian states such as stay at home orders and business closures. However, unlike Michigan and Wisconsin, Governor Wolf’s policies were struck down by a federal court, not a state court. Furthermore, the ruling was based not on a separation of powers argument but violations of the 1st and 14th Amendments, making it more of an individual rights case.

A reporter writes

The declaratory judgment says “(1) that the congregate gathering limits imposed by defendants’ mitigation orders violate the right of assembly enshrined in the First Amendment; (2) that the stay-at-home and business closure components of defendants’ orders violate the due process clause of the Fourteenth Amendment; and (3) that the business closure components of defendants’ orders violate the Equal Protection Clause of the Fourteenth Amendment.”

Another key component to the ruling was the fact that such orders were not narrowly tailored, which is a key criterion for any policy that intends to restrict individual rights.

Reason Magazine explains that

“The fact that the governor’s orders allow people to visit malls, restaurants, and stores in greater numbers than what the state’s restrictions on gatherings permit showed that the latter were overly broad, (Judge William) Stickman wrote. His opinion also cites comments from Wolf’s chief of staff about how large protests—which the governor attended—didn’t lead to a “super spreader” event as evidence that restrictions on gatherings were overly broad.”

Such policies have no logical foundation and reek of political favoritism. The court upheld the fact that such practices have no place in America.

Key Takeaways
This country was built on fundamental rights and doctrines that were specifically crafted to prevent domestic tyranny, whether it be from the rule of the few or the mob. It may not be such hyperbole anymore to claim that governors across the United States have acted like tyrants.

In Michigan and Wisconsin, we have seen the affirmation of the separation of powers doctrine, which is an elementary school civics concept that forms the very foundation of a free society. There are three branches of government: the legislative, the executive, and the judicial. The legislative branch is a democratically elected and representative body that has the sole authority to write laws. The governor and the executive branch bureaucracy derive their powers from the legislative and their duty is to execute the mandate given to them by the legislature, not make up its own rules. Such a process may be cumbersome but in the end, it protects our liberty and ensures that the power wielded by government is accountable to the people. The governor is not representative of the people, just 50.1% of the vote.

Although we have seen the affirmation of these important constitutional rights and doctrines in these three states, it is clear that across the country there is much work to be done. What governors and mayors are getting away with violating the basic rights of their citizens? Has every executive officer acted with the powers granted to them by the legislature or are they acting as tyrants? Hopefully, these three rulings are just the first of many in what could become a constitutional landslide of justice.

Covid-19 will come and go as all pandemics do. However, if we do not resolve the fundamental questions that have arisen regarding our liberties and the power of government, they will haunt this republic till its final days, if you can even call it one at this point.


Ethan Yang
Ethan joined AIER in 2020 as an Editorial Assistant and is a graduate of Trinity College. He received a BA in Political Science alongside a minor in Legal Studies and Formal Organizations. He currently serves as Local Coordinator at Students for Liberty and the Director of the Mark Twain Center for the Study of Human Freedom at Trinity College. Prior to joining AIER, he interned at organizations such as the American Legislative Exchange Council, the Connecticut State Senate, and the Cause of Action Institute. Ethan is currently based in Washington D.C.


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Post by Intrinsic »

Thanks those first two links were Goodreads.

But This part of scott ritter rankled me
What happened in Michigan was not an expression of White Supremacy gone wild, but rather an issue of governmental abuse of power and the feeling of frustration on the part of a certain segment of the population
...
Yeah the white supremacy segment.
Not all of us who complain about government abuse of power rose up in arms during a pandemic, only the white supremacists.

.. like the white supremacist Sheriff, above the law.
the scary thing is he could have deputized all those guys right there on the stage and made it all nice and legal. Sheriff wise.

Nope it was white supremacy gone wild. Supporting yer local sheriff.

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Post by bentech »

id say it was revolt against government abuse COMING from the white supremicist ranks...
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Post by Butcher Bob »

Intrinsic wrote:Nope it was white supremacy gone wild.
So, the government officials that poisoned a majority black city and the governor that has them relieved of criminal charges...they're not racist. The same governor who illegally enacted criminal law that overwhelmingly disproportionately affects the poor, a class that the majority of minorities are part of...she's not racist. But the white guys objecting to her actions...they're being racist?
:confused:



:confused:



Oh that's right...you believed that whole Russian collusion thing too. :roflmao:

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Post by Intrinsic »

bentech wrote:id say it was revolt against government abuse COMING from the white supremicist ranks...
Yup, I agree. Hence white supremacy Gone Wild.

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Post by Intrinsic »

In Barry County, Leaf’s remarks sparked calls for his resignation. Local residents organized a protest demanding he step down or face a recall movement—but that protest was called off when organizers became concerned about the safety of participants amid the likelihood of armed right-wing counter-protesters.

“Whereas I truly believe in the statement we were trying to make, I cannot in good conscience compromise the safety of my fellow Barry County residents,” organizer Olivia Bennett wrote on the event’s Facebook page

“I have come to this conclusion for a couple reasons. First, there were many concerns about confrontational counter protesters. Second, this protest garnered enough attention this weekend that crowd size was a concern given short notice, security, and capacity at the commissioners' meeting."

https://www.mlive.com/news/grand-rapids ... litia.html" onclick="window.open(this.href);return false;

https://www.mlive.com/news/grand-rapids ... cerns.html" onclick="window.open(this.href);return false;

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