Hurricane Isaias Barrels Towards Virus-Infected South Florida 

Hurricane Isaias Barrels Towards Virus-Infected South Florida 

Tyler Durden

Sat, 08/01/2020 – 07:37

Hurricane Isaias has maximum sustained winds of around 85 mph Saturday morning, and strengthening is possible through the day as the storm barrels towards South Florida. The storm is slated to move up the East Coast later this weekend into next week, potentially unleashing torrential rain, high winds, and dangerous flooding in virus-infected states.

The Hurricane Center (NHC) latest Isaias update:

Hurricane warnings were posted for Boca Raton to the Volusia-Brevard county line. Miami Mayor Carlos Giménez told residents Friday that more than a dozen evacuation centers were ready to serve the community with social distancing measures. 

“We still don’t think there is a need to open shelters for this storm, but they are ready,” Giménez said.

NHC expects 2 to 4 feet storm surge from Jupiter Inlet to Ponte Vedra Beach, with 1 to 3 feet just north Miami Beach

Here’s the current track of the storm. 

Daily Mail tweets the hurricane may prevent NASA astronauts from returning to Earth on Sunday. 

Florida has emerged as the epicenter of the COVID-19 outbreak, and the state registered a record 253 coronavirus deaths Friday with the hurricane fast approaching.

Florida Governor Ron DeSantis announced a state of emergency for counties along the Atlantic coast. He said the state is “fully prepared for this and any future storm during this hurricane season.” 

Spaghetti models show Isaias’ potential track is to ride the Florida coastline late Saturday through early Monday. The storm is expected to follow the East Coast, arriving in North Caroline early Tuesday, and New York City by Wednesday. 

Elsewhere in the Atlantic, NHC is “issuing advisories” for more potential storms to develop next week. 

via ZeroHedge News https://ift.tt/2DoWuwE Tyler Durden

Crossing The Rubicon: The UK Slips Into A Repressive State

Crossing The Rubicon: The UK Slips Into A Repressive State

Tyler Durden

Sat, 08/01/2020 – 07:00

Authored by Mark Chapman via Off-Guardian.org,

Julius Caesar’s crossing the Rubicon River in 49 BC in defiance of Roman law placed him and his army on a direct collision course with Rome, leading to the Civil War which established him as Roman dictator. It is a well-established metaphor for a point at which there is no going back and at which things will never be the same.

I predicted a few weeks ago that the UK Government would in the near future try to force everyone to wear facemasks in public.

Leave aside the plethora of information that makes it clear face masks are of practically zero benefit in everyday circumstances, and may in fact be dangerous, the forced wearing of facemasks is a transgression so fundamental and of such significance that it is difficult to adequately express.

It implicitly hands your body over to state control, and renders one of your most basic existential freedoms subject to state interference. For the first time, the right to exercise a choice of whether you should inhibit your respiratory faculties and hide your face in public is taken out of your hands. If you doubt the significance of this, try to remember the public outcry that followed a debate regarding banning the wearing of burkhas and hijabs in the face of Islamic terrorism, and the connotations this had for civil liberties at the time.

Facemask wearing is the visible hallmark of Asian states perceived in the West as repressive and authoritarian. It is a badge of serfdom, akin to the yellow star that Jews were forced to wear in Nazi Germany. There is no greater invasion of your person possible short of tattooing you with a number.

This astonishing about-turn in policy has not happened overnight or without preparation. It has been preceded by a cleverly-orchestrated media campaign which seeks to bizarrely turn established professional and scientific research on its head, making virologists, infection-control bodies and academics who have published papers for the medical profession into liars and charlatans.

This campaign has included editorials and blogs which talk in disapproving and accusatory tones of “mask-shirkers” and “mask-deniers” allegedly “refusing” to wear face masks. Leave aside the obvious fact that refusal cannot take place without a demand: in other words someone has to give you an instruction to which you reply, “No, thanks.”

Absent such a demand, you are not refusing anything, merely making a choice. And until now there has been no such demand. But those making this choice are now psychopaths and enemies of humanity without a shred of integrity, respect or regard for their fellow human beings.

When I returned from Asia early this year the advice was clear: face masks do not protect you from infection and it is not advised that you wear them.

What is more, face mask wearing was actively discouraged because of limited supplies required for hospital environments, where infection control is king and every precaution makes sense. Above all the only situation in which it is appropriate to wear a facemask in public is if you are unwell and have a cough, in which case why not stay at home?

But this piece of simple logic has been covered by the mask-advocates whose logic runs like this:

“You may have coronavirus without knowing it, and may infect others with your breath even at unlimited distances so you need to wear a mask.”

This covers all bases despite the evidence for this being at best negligible and at worst manipulated and dishonest.

It is part of the greater logic that renders every societal value worthless unless it contributes to the impossible task of making sure that not one single individual anywhere, ever, is infected with Covid-19. None of this means I think we should do nothing about this pandemic. But there is now a growing awareness that the cure proposed is not indefinitely sustainable and may in fact be worse than the disease.

The virtue-signalling of face-mask advocates is easily refuted. Facemasks have been available for decades for use in industry and ideas generally considered good are taken up by the public. Nobody needed the government to tell them to go out and buy a car or a television set.

So if you’re so convinced face masks are a good idea why has it taken the State to tell you before you came to this Eureka moment?

And for how many years or decades have you been going around disrespectfully infecting your fellow human beings by going out without a mask when you had a cold or the flu?

However, apparently all the established research is now wrong and face mask wearing is essential. It is a vast game of “Simon Says,” in which we only do anything when Simon says. And it won’t stop there. Expect newspapers like the Guardian to run sanctimonious editorials demanding that face-mask wearing be extended to pubs and restaurants, and eventually to every departure from your home.

Following this such a move will become policy: indeed, the British public will do what they are already doing, gleefully embracing this perverse doctrine, boasting of buying colourful face masks for their children, and showering anyone who has a different point of view with disapproval.

I’m forced now to doubt that we, the British people value our freedom as much as we profess to. We take to the streets in droves to embrace new forms of repression, such as an anarchistic movement that seeks to rewrite history and dismantle our police forces, or an anti-human death cult that seeks to suppress all human activity by frightening us all into believing we are destroying the Earth by existing.

But in the face of mounting attacks on our liberty and our freedom, we are silent. We have had our liberty taken away from us. Our movements are monitored. Our discussions are censored via social media. We are no longer free even to make fundamental choices about our bodies. A public that will silently accept these things has learned nothing from history, will accept anything and deserves its fate if that is a dystopian world-state.

We are no longer entitled to lecture other nations about being repressive states. Their representatives, quite rightly in my view would laugh in our faces. There is a growing fear in the minds of many of us that Western lockdowns may be permanent. The spectres of identity cards, martial law and forced vaccination now hover over us.

Dismissing this as “conspiracy theory” and accusing those who feel this way of an inhuman disregard for life is the rhetoric of fascism, a force that always thrives in the face of a perceived threat. I believe forced face-mask wearing in British streets is a brutal act that crosses the Rubicon, and finally signifies our descent into a de facto repressive state.

via ZeroHedge News https://ift.tt/2D0W5Rj Tyler Durden

In Michigan, the Wrong Way To Govern During a Pandemic 

topicspolitcis

Few governors have handled the coronavirus crisis perfectly, but Democratic Michigan Gov. Gretchen Whitmer might deserve the prize for the least perfect performance. Her lockdown has inspired around 16 lawsuits and multiple protests. One doesn’t have to agree entirely with the protesters to understand that Whitmer went overboard.

Most local lockdowns had their share of nuttiness. But as long as the ratio of good sense to nonsense remained relatively high, Americans mostly went along. That started changing in the Wolverine State when Whitmer defied the legislature and unilaterally extended the lockdown beyond the 41 days that both sides had agreed to, prompting a lawsuit by the body’s Republican majority. What’s more, instead of easing restrictions over time, Whitmer added stringent new provisions even as the original goal of the lockdown—flattening the curve—was accomplished.

As federal guidelines suggested classifying more industries as “essential” so that they could reopen, Whitmer arbitrarily did the opposite. She ordered big-box outlets to stop selling paint, carpets, and other home improvement material in-store and to block aisles containing those items. But grocery stores could still ply people with soda and candy. Selling lottery tickets was allowed, as was (mercifully) liquor. Landscaping services, however, were suspended.

The last meant that Contender’s Tree and Lawn Specialist Inc., a company that had purchased hundreds of thousands of dollars of plant treatment in anticipation of the lockdown lifting, stood to lose all its plants. The company sued. So Whitmer released landscaping companies from captivity, along with golf courses.

But other categories of work, including “nonessential” medical treatments, were still prohibited. Michigan residents couldn’t see a doctor except for medical emergencies. No gallbladder operations, annual physicals, or dental checkups were permitted. And no number of safeguards adopted by medical facilities could convince Whitmer to acquiesce to Republican suggestions to include them in one of the earlier phases of reopening. They had to wait till the pandemic was in “phase six”—when “sufficient community immunity” or a “high uptake of an effective therapy or vaccine” was achieved, which could take years. Whitmer was unperturbed that in the interim, an untold number of people would suffer from health problems not related to the coronavirus and medical facilities, starved of income, would shutter. This triggered yet another lawsuit, this one filed by the free market Mackinac Center for Public Policy on behalf of patients and providers.

Whitmer’s lockdown didn’t even spare the barely affected northern regions of Michigan, putting the modest livelihoods of those residents in jeopardy. Her theory was that any activities beyond the absolutely essential would jeopardize frontline workers by driving up infection numbers. But this mindset, which regards even an infinitesimal increase in secondary risk as unacceptable, could justify stopping virtually any activity anytime.

Whitmer decreed that violations would count as misdemeanors punishable by up to a $1,000 civil fine, among the stiffest in the country. Criminal penalties were also on the table. Meanwhile, Michigan Attorney General Dana Nessel, apparently looking to China for inspiration, encouraged employees to rat out employers who flouted the rules.

Although the initial lockdown was relatively uncontroversial, the extension triggered a backlash. A Facebook group called Michiganders Against Excessive Quarantining gained steam, reaching over 282,000 members. Its rhetoric was fairly measured at first, but by mid-May, according to Newsweek, one of its members was warning: “We haven’t had any bloodshed yet, but the populous [sic] is counting to three, and yesterday was day two. Next comes watering the tree of liberty with the blood of tyrants.” Calls to hang, shoot, beat, or behead the governor proliferated.

Rallies got nastier, too. In April, the Michigan Conservative Coalition’s “Operation Gridlock” invited motorists to Lansing, the state capital, to jam up roads. The group impressed on protesters to be respectful and responsible. Though it drew some Confederate flag wavers, that was nothing compared to subsequent rallies, where gun-toting militants entered the Capitol. In response, armed guards escorted minority lawmakers into the building. In mid-May, the legislature shut down for a few days. The state’s largest militia, Michigan Home Guard, dispatched armed members in Trump paraphernalia to prevent police interference as a 77-year-old small-town barber opened his shop in defiance of the lockdown.

President Donald Trump’s personal attacks on Whitmer and characterization of these extremists as “very good people” may have drawn them out. But Whitmer’s resort to the maximal possible force, rather than the minimal necessary, played into their hands.

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In Michigan, the Wrong Way To Govern During a Pandemic 

topicspolitcis

Few governors have handled the coronavirus crisis perfectly, but Democratic Michigan Gov. Gretchen Whitmer might deserve the prize for the least perfect performance. Her lockdown has inspired around 16 lawsuits and multiple protests. One doesn’t have to agree entirely with the protesters to understand that Whitmer went overboard.

Most local lockdowns had their share of nuttiness. But as long as the ratio of good sense to nonsense remained relatively high, Americans mostly went along. That started changing in the Wolverine State when Whitmer defied the legislature and unilaterally extended the lockdown beyond the 41 days that both sides had agreed to, prompting a lawsuit by the body’s Republican majority. What’s more, instead of easing restrictions over time, Whitmer added stringent new provisions even as the original goal of the lockdown—flattening the curve—was accomplished.

As federal guidelines suggested classifying more industries as “essential” so that they could reopen, Whitmer arbitrarily did the opposite. She ordered big-box outlets to stop selling paint, carpets, and other home improvement material in-store and to block aisles containing those items. But grocery stores could still ply people with soda and candy. Selling lottery tickets was allowed, as was (mercifully) liquor. Landscaping services, however, were suspended.

The last meant that Contender’s Tree and Lawn Specialist Inc., a company that had purchased hundreds of thousands of dollars of plant treatment in anticipation of the lockdown lifting, stood to lose all its plants. The company sued. So Whitmer released landscaping companies from captivity, along with golf courses.

But other categories of work, including “nonessential” medical treatments, were still prohibited. Michigan residents couldn’t see a doctor except for medical emergencies. No gallbladder operations, annual physicals, or dental checkups were permitted. And no number of safeguards adopted by medical facilities could convince Whitmer to acquiesce to Republican suggestions to include them in one of the earlier phases of reopening. They had to wait till the pandemic was in “phase six”—when “sufficient community immunity” or a “high uptake of an effective therapy or vaccine” was achieved, which could take years. Whitmer was unperturbed that in the interim, an untold number of people would suffer from health problems not related to the coronavirus and medical facilities, starved of income, would shutter. This triggered yet another lawsuit, this one filed by the free market Mackinac Center for Public Policy on behalf of patients and providers.

Whitmer’s lockdown didn’t even spare the barely affected northern regions of Michigan, putting the modest livelihoods of those residents in jeopardy. Her theory was that any activities beyond the absolutely essential would jeopardize frontline workers by driving up infection numbers. But this mindset, which regards even an infinitesimal increase in secondary risk as unacceptable, could justify stopping virtually any activity anytime.

Whitmer decreed that violations would count as misdemeanors punishable by up to a $1,000 civil fine, among the stiffest in the country. Criminal penalties were also on the table. Meanwhile, Michigan Attorney General Dana Nessel, apparently looking to China for inspiration, encouraged employees to rat out employers who flouted the rules.

Although the initial lockdown was relatively uncontroversial, the extension triggered a backlash. A Facebook group called Michiganders Against Excessive Quarantining gained steam, reaching over 282,000 members. Its rhetoric was fairly measured at first, but by mid-May, according to Newsweek, one of its members was warning: “We haven’t had any bloodshed yet, but the populous [sic] is counting to three, and yesterday was day two. Next comes watering the tree of liberty with the blood of tyrants.” Calls to hang, shoot, beat, or behead the governor proliferated.

Rallies got nastier, too. In April, the Michigan Conservative Coalition’s “Operation Gridlock” invited motorists to Lansing, the state capital, to jam up roads. The group impressed on protesters to be respectful and responsible. Though it drew some Confederate flag wavers, that was nothing compared to subsequent rallies, where gun-toting militants entered the Capitol. In response, armed guards escorted minority lawmakers into the building. In mid-May, the legislature shut down for a few days. The state’s largest militia, Michigan Home Guard, dispatched armed members in Trump paraphernalia to prevent police interference as a 77-year-old small-town barber opened his shop in defiance of the lockdown.

President Donald Trump’s personal attacks on Whitmer and characterization of these extremists as “very good people” may have drawn them out. But Whitmer’s resort to the maximal possible force, rather than the minimal necessary, played into their hands.

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Tennessee Attorney General: Mask Mandates Don’t Violate Due Process or the First Amendment

From Tenn. AG Op. 20-14, released a week ago but just posted to Westlaw in the last couple of days; seems quite right to me:

Question

Is a governmental mandate that requires the general population to wear face coverings in public during a state of emergency caused by COVID-19 constitutionally permissible?

Opinion

As a general proposition, a governmental mandate that requires the general population to wear face coverings in public due to the health emergency caused by COVID-19 would be constitutionally defensible. The constitutionality of any particular governmental mandate, though, would depend on its specific terms and the underlying authority of the governmental entity issuing it….

Constitutionality of Governmental Mandates to Wear Face Coverings

For more than a century, the United States Supreme Court has recognized that “a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.” Jacobson v. Massachusetts (1905). Moreover, during an epidemic, the traditional tiers of judicial scrutiny do not apply. In these narrow circumstances, courts are to overturn only those orders that (1) have no “real or substantial relation” to protecting public health or (2) are “beyond all question, a plain, palpable invasion of rights secured by the fundamental law.”

A governmental mandate that requires the general population to wear face coverings in public due to the health emergency caused by COVID-19 satisfies this two-prong Jacobson test….  Requiring a person to wear a face covering during a comparable public health crisis is no more invasive—indeed is arguably less invasive—than requiring a person to be vaccinated [the requirement upheld in Jacobson].

Even if traditional constitutional scrutiny applied, the governmental mandate would not impermissibly infringe on a person’s constitutional right to liberty or freedom of speech.

Some members of society view a governmental requirement to wear a face covering as a threat to personal liberty, a right guaranteed by the Fourteenth Amendment to the United States Constitution and by the Tennessee Constitution. The Fourteenth Amendment prohibits the deprivation of “liberty … without due process of law.” Similarly, article I, section 8 of the Tennessee Constitution prohibits the taking of liberty without due process: “That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land.” The “law of the land” phrase is synonymous with the “due process of law” provision in the Fourteenth Amendment ….

The liberties secured by the Constitution do “not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good.” Even the right to liberty—the “greatest of all rights”—is subject to constraints. It is a “fundamental principle that persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health, and prosperity of the state.” Thus, as the Jacobson Court found, a State has the authority to enact laws to protect the safety of its citizens in the face of an epidemic, including a vaccination mandate.

In sum, “the Constitution does not recognize an absolute and uncontrollable liberty.” The liberty safeguard by the Constitution is “liberty in a social organization which requires the protection of law against the evils which menace the health, safety, morals, and welfare of the people.” Thus, liberty is subject to regulation that is reasonable in relation to its subject and is adopted in the interests of the community….

For instance, challenges to Tennessee’s mandatory safety belt law, have been rejected. Requiring seat belts to be used did not violate the constitutional prohibition against taking liberty without due process. [Citations omitted.]

Similarly, challenges to Tennessee’s motorcycle helmet law, Tenn. Code Ann. § 55-9-302, have been rejected. The challengers viewed the motorcycle helmet law as “encroaching on their fundamental right to be left alone vis-à-vis the State.” They insisted that the decision to wear a safety helmet should be a personal one and they viewed the law as “paternalistic legislation” that constituted an “unwarranted governmental intrusion” into citizens’ lives. The courts, however, found the law to be a regulatory safety measure that constituted a valid exercise of the State’s police power.

It follows that a challenge to a governmental face-cover mandate as violating the constitutional right to liberty is almost certain to be rejected by the courts. The face-cover mandate is likely to be held to be a reasonable regulation to mitigate the transmission of COVID-19 and would not constitute an unconstitutional infringement on liberty interests.

Some people object to wearing a face covering because, since they view the mask as a political and cultural symbol, they believe the government is compelling them to “speak” in a certain way, thereby infringing on their right of free speech….

While a governmental mandate to wear face coverings in public does not regulate speech on its face, it does regulate conduct. The free speech protected by the First Amendment includes not just speech but also “expressive conduct.” Not all conduct, though, is protected speech under the First Amendment simply because the person engaging in the conduct “intends thereby to express an idea.” As explained by the United States Supreme Court, “[i]t is possible to find some kernel of expression in almost every activity a person undertakes—for example, walking down the street or meeting one’s friends at a shopping mall—but such a kernel is not sufficient to bring the activity within the first protection of the First Amendment.”

To qualify as “expressive conduct” there must be an intent to convey a particularized message, which others are likely to understand. Wearing a face covering during the COVID-19 pandemic is first and foremost understood as a means of preventing the spread of the virus. Therefore, others would not likely understand that the wearer was displaying a particular political or cultural symbol. See Antietam Battlefield, 2020 WL 2556496, at *12 (rejecting First Amendment challenge to face covering requirement during COVID-19 pandemic on these grounds).

Even assuming that refusing to wear a face covering constituted conduct sufficient to implicate constitutional principles of free speech, a governmental mandate to wear a face covering in public during the COVID-19 pandemic would not violate the First Amendment…. When the face-cover mandate is analyzed under the four-part O’Brien test [for expressive conduct], it survives a First Amendment challenge. First, the mandate is clearly within the State’s power to protect the safety of its citizens against an epidemic. Second, the mandate serves the important governmental interest of protecting the safety of the public by mitigating the spread of COVID-19. Third, the State’s interest in protecting the safety of its citizens is unrelated to the suppression of free speech. The mandate’s purpose is not to suppress expression; its purpose is to mitigate the spread of COVID-19. Fourth, the incidental restriction on freedom of expression imposed on those who do not wish to wear a face covering during the COVID-19 pandemic is no greater than necessary to further the State’s interest.

“[A]n incidental burden on speech is no greater than is essential, and therefore is permissible under O’Brien, so long as the neutral regulation promotes a substantial governmental interest that would be achieved less effectively absent the regulation.” Here, the State’s interest in protecting the safety of the public would indeed be less effectively achieved without a mandate that requires the wearing of a face covering in public during the COVID-19 pandemic….

In sum, as a general proposition a governmental mandate that requires the general population to wear face coverings in public due to the health emergency caused by COVID-19 would be constitutionally defensible. The constitutionality of any particular governmental mandate, though, would depend on its specific terms and the underlying authority of the governmental entity issuing it….

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Smith: Martial Law Is Unacceptable Regardless Of The Circumstances

Smith: Martial Law Is Unacceptable Regardless Of The Circumstances

Tyler Durden

Sat, 08/01/2020 – 00:05

Authored by Brandon Smith via Alt-Market.com,

Back in 2014, hundreds if not thousands of conservatives and liberty movement activists converged on a farm in rural Clark County, Nevada. The purpose was to protest the incursion of federal government agents onto the property of the Bundy family, who had defied pressure from the Bureau of Land Management to stop allowing their cattle to feed on “federal land” in a form of free ranging. It was a practice that had been going on for decades and one that was required for the Bundy farm to survive, ended abruptly by environmental laws protecting a tortoise.

The Bundy family had been improving on the area with aquifers and other measures for generations without interference. The claim by the BLM and other agencies was that the farmers were destroying wildlife habitat with their cattle, yet the Bundy’s land improvements had actually allowed wildlife to THRIVE in areas where animals would find life difficult or impossible otherwise.

The federal government became fixated on the Bundy’s, and decided to make an example out of them. Their defiance of the crackdown on their use of the land was met with extreme measures, including their cattle impounded, their farm being surrounded and sniper teams placed in the hills nearby. The liberty movement saw this as the last straw, and so reacted at a grassroots level. The concern was that Bundy Ranch could become another Waco. They locked and loaded and went to defend the Bundy’s.

I completely agreed at the time with the efforts surrounding Bundy Ranch and I still agree with them today. The federal government had overstepped its bounds on multiple occasions when it came to rural farmers in sagebrush country and everyone had finally had enough. The feds were faced with a group of armed liberty movement members and eventually ran away. They even gave the Bundy’s back the cattle the feds had initially tried to confiscate. This event showcased the power of the people to repel tyranny when necessary.

The claim that the public is impotent against government force was summarily trounced.  The action was not perfect, and there were many internal disputes and a plethora of mistakes, but overall it had achieved its goal.  It sent a message to the establishment that if you try to assert unconstitutional force against the citizenry there is a chance a Bundy Ranch scenario might happen again, and next time it might not simply be a defensive measure.

I mention Bundy Ranch because I want to remind conservatives of their roots. We are a constitutional movement. We are a small government movement. We believe in individual rights, states rights and the 10th Amendment, as well as strict limitations placed on the federal government and state governments when they try to violate the Bill of Rights.  If you don’t believe in these things, you are not a conservative or a constitutionalist.

No government, whether state or federal, supersedes the boundaries placed upon them by the constitution. Once they violate those boundaries, they must be put in check by the citizenry, for the constitution is merely an object that represents an ideal. It can’t defend itself. If a government undermines constitutional protections, it is not a failure of the constitution, it is a failure by the public to act.

Sadly, there are “conservatives” out there who supported the efforts at Bundy Ranch in 2014, but are now calling for federal overreach and martial law today. The very same people who argued vehemently against unconstitutional actions back then are arguing for bending or breaking the rules of the constitution now. This is something I have been warning about for years…

The greatest threat to freedom is not the government, extreme leftists or the globalist cabal; the greatest threat is when freedom fighters foresake their own principles and start rationalizing tyranny because it happens to benefit them in the moment. If freedom fighters stop fighting for freedom, who remains pick up the mantle? No one. And thus, the globalists and collectivists win the long game.

Right now there are two sides calling for martial law-like restrictions on the public, and both sides think they are doing what is best for society at large. They both believe they are morally justified and that totalitarian actions are necessary for “the greater good”. Both sides are wrong.

The Pandemic Puritans

On one side, we have a group made up primarily of political leftists but also some conservatives who say that the coronavius pandemic creates a scenario in which medical tyranny must be established to protect the public from itself. Leftists enjoy control in general and the pandemic simply offers an opportunity for them to act out their totalitarian fantasies in real life.

These are the people who wag their fingers at others on the street or in the park or at the beach for not “social distancing” properly. These are the people that inform on their neighbors, or inform on local businesses for not following strict guidelines. These are the people that get a thrill from forcing other people to conform.

This is not to say that precautions are not warranted, they certainly are. However, these precautions MUST be up to individuals, not enforced by bureaucracy. The moment you hand government ultimate power to dictate people’s health decisions, personal daily activities, freedom of assembly and their ability to participate in the economy, you have given the government ultimate power to destroy our very culture. No government should be allowed to have that kind of influence.

The issue here is one of the greater EVIL, not the greater good. What is the greater evil? To avoid unconstitutional measures, avoid violating individual rights and allow the virus to spread faster than it normally would? Or, to completely throw out the Bill of Rights, individual liberty and economic security in the name of a brand of “safety” that is ambiguous and undefined?

As I write this, the state of New Jersey among others is implementing a draconian response against businesses that defy lockdown orders. NJ just arrested the owners of a gymnasium in Bellmawr who refused to close down. Even though they used social distancing measures and applied their own guidelines, the state has decided that citizens are children that must be controlled rather than adults that can make their own choices. This sets a dangerous precedence for the whole country.

Understand that small businesses that are not deemed “essential” by arbitrary decree from the state are on the verge of bankruptcy and collapse. Millions of people are having their livelihoods threatened by the lockdowns. Millions of jobs are at risk. Is the coronavirus really worth destroying our own economic system? Because that is EXACTLY what is happening right now. The US economy was already suffering from destabilization, and now the pandemic response is putting the final nail in the coffin.

If the economy tanks far more people will die from the resulting crisis of poverty, crime and civil unrest than will EVER die from the coronavirus pandemic. When you look at the big picture, how can anyone justify medical tyranny and martial law measures? There is simply no logical explanation for violating the economic and personal freedom of Americans in response to a disease. If some people die from the virus, so be it. Its a small price to pay to keep our freedoms intact.  Furthermore, I would stand by that argument even if I get sick from the virus.

Sock Puppet Conservatives

There are people out there that like constitutional rights and civil liberties “in theory”, but in practice they view these rights as inconvenient to their goals.  For these so-called “conservatives”, the Bill of Rights is only for peacetime. When war or domestic conflict rolls around, our rights are suddenly forfeit.

I use this particular metaphor often but I really can’t find a better one:

Government power is like the “one ring” in Lord Of The Rings. Everyone desperately wants control of it. The side of evil thirsts for it. The side of good thinks that if only they had it they could use it for honorable ends; they think they can use it to defeat evil. They are wrong.

The “one ring” (government power) corrupts ALL. It cannot be controlled. It cannot be used for good. Eventually, it warps the minds of those who hold it, twisting them into something grotesque. Good people who exploit the ring end up becoming the very monsters they were trying to defeat, and evil wins.

Right now through the Trump Administration conservatives are being tempted with the “one ring”. We are being tempted with ultimate government power. The leftist hordes and their actions are egregious. They act irrationally and foolishly. Their communist ideology and mindless zealotry is destructive and they openly seek the collapse of western civilization. But in the end this doesn’t matter.  They are nothing more than useful idiots for a greater agenda.

It’s interesting that the only solution I see being presented in conservative circles lately is the use of federal power to crush the protests and riots. Again, this might seem like a reasonable action in the face of so much lawlessness, but if taken too far the implications are horrifying.

Some conservative groups are cheering the deployment of federal agencies to cities like Portland in the name of stopping civil unrest, but there is a fine line between law enforcement and martial law. And by martial law, I mean ANY government force that is designed to suppress or break civil protections. This does not only include a military presence, it can also include federal agencies overstepping their bounds, just as they did at Bundy Ranch.

In Portland and other cities like New York, federal agents and police have been snatching protesters off the street in unmarked vans without identifying themselves.  Essentially, they are black-bagging people. This is the kind of behavior which real conservatives traditionally despise.

Yes, some of these protesters did in fact loot or participate in property damage; and some of them did absolutely nothing.  This is being done under 40 US Code 1315 which was signed into law by Neo-con president George W. Bush after the 9/11 attacks as part of the tidal wave of unconstitutional Patriot Act measures that were railroaded through during mass fear and panic.

Conservatives have been warning for years about the potential for misuse of these laws to violate people’s rights. Will we now support them because they are being enforced against people we don’t like? I will say this: If an unmarked van with unidentified armed people tried to grab me off the street, I would do everything in my power to put a bullet in each and every one of them.  And, I would not hold it against any person who did the same, even if they were my ideological opponent.

Some conservatives are calling for much more, including the deployment of the National Guard or a standing military presence. The use of such tactics opens the door to serious consequences, and I believe if we allow the federal government to bend the rules now, we set the stage for expansive martial law in the near future. By extension, labeling looters or rioters as “terrorists” also has dangerous implications.  Those of us that were activists during the Obama years know how freely that label is thrown around by government and the media.

We might feel righteous in violating the civil liberties of social justice Marxists because of their insane behavior and the threat they pose to the stability of the country, but, what happens when the roles are reversed? During Bundy Ranch, conservatives were also being labeled “terrorists”, and who is to say we won’t find ourselves in that position again?   Would defying the pandemic lockdowns also be considered an existential threat to the country?

Uncomfortable Questions

There are some questions in all of this that are either not being asked or are being deliberately avoided.  For example:

1) Why is it that the Trump Administration has not bothered to go after the elites and globalists FUNDING Antifa and BLM groups behind the unrest?  Why does George Soros and his Open Society Foundation get to operate in the US with impunity?  And what about the Ford Foundation?  Members of that institution openly admit that they have been funding and organizing the social justice cult for decades.  Shouldn’t the men behind the curtain paying for the entire thing be targeted first, instead of going after the useful idiots?  Perhaps the fact that Trump is surrounded by those very same elites in his cabinet has something to do with it…

2) If we support martial law measures, WHO are we giving that power to?  Is it Trump, or the deep state ghouls that advise him daily?  People like Wilber Ross, a New York Rothschild banking agent, Mike Pompeo, a long time Neo-con warmonger and promoter of mass surveillance, Robert Lightheizer, a member of the globalist Council On Foreign Relations, Steve Mnuchin, former Goldman Sachs banker, Larry Kudlow, former Federal Reserve, etc.  Even if you think Trump has the best of intentions, can anyone honestly say the same for his cabinet?

3) When the left is “defeated” and the riots stop, will martial law simply fade away, or, is it a Pandora’s Box that can never be closed again?  And if it doesn’t end, will supporters justify fighting against not just leftists, but also conservatives who will not tolerate it?  I for one will be among the people that will not tolerate it.

Real Solutions

There are other much better solutions than martial law when confronting the leftist riots or the pandemic.

For the pandemic, stop trying to dictate public behavior.  If individuals feel they are at risk from the virus, then they can take their own precautions.  The only other option is to continue on the path of shutdowns and an informant society that will destroy this nation in a matter of months.

For the leftists, communities that stage an armed presence in the face of protests have ALL escaped riots and property damage. Sometimes Antifa and BLM decide to not even show up. We DON’T NEED a federal presence or a military presence to get the job done. We can do it ourselves. We already have proof that this strategy works.

And, if the lefties want to burn down their own neighborhoods and cities and local governments don’t want to stop them, then I say let it happen. It’s sad for the people in these places that had no dog in the fight, but maybe this will teach the locals to speak out against BLM or Antifa instead of remaining silent or virtue signaling their support in the hopes that their businesses won’t be attacked.  Maybe they should look for better government officials as well.

Finally, it’s far past time to go after the elites that fund and engineer such groups.  Remove their influence and I suspect many people will be shocked at how fast all this unrest and chaos suddenly disappears.  Isn’t this what people wanted Trump to do from the very beginning?  And yet, nothing happens to the vampires at the top.

Only cowards demand everyone else give up their freedoms just so they can feel safe.  The establishment is trying to pit the American people against each other as a means to pave a path to tyranny. I believe what the elites want more than anything else is to trick conservatives into forsaking their own principles. If we do, we become hypocrites that can no longer sustain a movement for freedom. By becoming the monster to fight the monster we hand our enemies victory. This is unacceptable.

*  *  *

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Xi Hails Now “Fully Operational” China-Controlled Satellite Navigation System Which Rivals GPS

Xi Hails Now “Fully Operational” China-Controlled Satellite Navigation System Which Rivals GPS

Tyler Durden

Fri, 07/31/2020 – 23:45

Multiple official statements have come out of China that reveal, predictably enough, that the US pressure and sanctions campaign are not at all curbing its global ambitions or efforts at rapid defense technology modernization. Actually Washington’s hawkish stance is perhaps doing the opposite, given that President Xi Jinping told the Politburo on Friday that “only a strong military can ensure national security” while urging the country to “push forward national defense and military modernization,” according to Bloomberg citing official Xinhua.

And this includes the potential for military modernization in space, at a moment leaders across the globe fear that space will soon become a “war-fighting domain” — which is also subject of discussions in Vienna currently, as US and Russian diplomats work to extend the New START nuclear arms reduction treaty. Xi officially commissioned China’s BeiDou Navigation Satellite System (BDS-3) on Friday, which state media now says is fully operational, is will compete with GPS.

Prior BDS-3 launch file image

This means that China joins a very few number of nations, which includes the US, Russia, and EU, that has its own independent global navigation system. The network includes 35 satellites as part of an ambitious program that’s been under development since the 1990’s.

Xinhua news also noted that BeiDou-based services are already in use in more than 120 countries and regions. While Beijing has specifically condemned the pursuit of the ‘weaponization of space’, Xi took the opportunity as touting the huge advantage that newly operational BDS-3 represents. 

As Xinhua describes, “Xi said the completion and opening of the BDS-3 fully reflects the political advantage of China’s socialist system in mobilizing resources for major undertakings.”

“It is of great significance to enhance China’s comprehensive national strength, to promote China’s economic development and improvement of people’s livelihood under regular epidemic prevention and control, to promote China’s opening-up under the current international economic situation, to further enhance national self-confidence, and to strive to achieve the two centenary goals, noted Xi,” Xinhua continues.

It was on June 22 that China launched the final Beidou satellite in completion of its orbital navigation constellation.

According to a US-based space technology analysis site, “The first four Beidou satellites were launched between 2000 and 2007. Based on the CAST developed DFH-3 satellite bus, the satellites were orbited by Long March-3A launch vehicles to geostationary orbits.”

via ZeroHedge News https://ift.tt/3fjwCiI Tyler Durden

Tennessee Attorney General: Mask Mandates Don’t Violate Due Process or the First Amendment

From Tenn. AG Op. 20-14, released a week ago but just posted to Westlaw in the last couple of days; seems quite right to me:

Question

Is a governmental mandate that requires the general population to wear face coverings in public during a state of emergency caused by COVID-19 constitutionally permissible?

Opinion

As a general proposition, a governmental mandate that requires the general population to wear face coverings in public due to the health emergency caused by COVID-19 would be constitutionally defensible. The constitutionality of any particular governmental mandate, though, would depend on its specific terms and the underlying authority of the governmental entity issuing it….

Constitutionality of Governmental Mandates to Wear Face Coverings

For more than a century, the United States Supreme Court has recognized that “a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.” Jacobson v. Massachusetts (1905). Moreover, during an epidemic, the traditional tiers of judicial scrutiny do not apply. In these narrow circumstances, courts are to overturn only those orders that (1) have no “real or substantial relation” to protecting public health or (2) are “beyond all question, a plain, palpable invasion of rights secured by the fundamental law.”

A governmental mandate that requires the general population to wear face coverings in public due to the health emergency caused by COVID-19 satisfies this two-prong Jacobson test….  Requiring a person to wear a face covering during a comparable public health crisis is no more invasive—indeed is arguably less invasive—than requiring a person to be vaccinated [the requirement upheld in Jacobson].

Even if traditional constitutional scrutiny applied, the governmental mandate would not impermissibly infringe on a person’s constitutional right to liberty or freedom of speech.

Some members of society view a governmental requirement to wear a face covering as a threat to personal liberty, a right guaranteed by the Fourteenth Amendment to the United States Constitution and by the Tennessee Constitution. The Fourteenth Amendment prohibits the deprivation of “liberty … without due process of law.” Similarly, article I, section 8 of the Tennessee Constitution prohibits the taking of liberty without due process: “That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land.” The “law of the land” phrase is synonymous with the “due process of law” provision in the Fourteenth Amendment ….

The liberties secured by the Constitution do “not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good.” Even the right to liberty—the “greatest of all rights”—is subject to constraints. It is a “fundamental principle that persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health, and prosperity of the state.” Thus, as the Jacobson Court found, a State has the authority to enact laws to protect the safety of its citizens in the face of an epidemic, including a vaccination mandate.

In sum, “the Constitution does not recognize an absolute and uncontrollable liberty.” The liberty safeguard by the Constitution is “liberty in a social organization which requires the protection of law against the evils which menace the health, safety, morals, and welfare of the people.” Thus, liberty is subject to regulation that is reasonable in relation to its subject and is adopted in the interests of the community….

For instance, challenges to Tennessee’s mandatory safety belt law, have been rejected. Requiring seat belts to be used did not violate the constitutional prohibition against taking liberty without due process. [Citations omitted.]

Similarly, challenges to Tennessee’s motorcycle helmet law, Tenn. Code Ann. § 55-9-302, have been rejected. The challengers viewed the motorcycle helmet law as “encroaching on their fundamental right to be left alone vis-à-vis the State.” They insisted that the decision to wear a safety helmet should be a personal one and they viewed the law as “paternalistic legislation” that constituted an “unwarranted governmental intrusion” into citizens’ lives. The courts, however, found the law to be a regulatory safety measure that constituted a valid exercise of the State’s police power.

It follows that a challenge to a governmental face-cover mandate as violating the constitutional right to liberty is almost certain to be rejected by the courts. The face-cover mandate is likely to be held to be a reasonable regulation to mitigate the transmission of COVID-19 and would not constitute an unconstitutional infringement on liberty interests.

Some people object to wearing a face covering because, since they view the mask as a political and cultural symbol, they believe the government is compelling them to “speak” in a certain way, thereby infringing on their right of free speech….

While a governmental mandate to wear face coverings in public does not regulate speech on its face, it does regulate conduct. The free speech protected by the First Amendment includes not just speech but also “expressive conduct.” Not all conduct, though, is protected speech under the First Amendment simply because the person engaging in the conduct “intends thereby to express an idea.” As explained by the United States Supreme Court, “[i]t is possible to find some kernel of expression in almost every activity a person undertakes—for example, walking down the street or meeting one’s friends at a shopping mall—but such a kernel is not sufficient to bring the activity within the first protection of the First Amendment.”

To qualify as “expressive conduct” there must be an intent to convey a particularized message, which others are likely to understand. Wearing a face covering during the COVID-19 pandemic is first and foremost understood as a means of preventing the spread of the virus. Therefore, others would not likely understand that the wearer was displaying a particular political or cultural symbol. See Antietam Battlefield, 2020 WL 2556496, at *12 (rejecting First Amendment challenge to face covering requirement during COVID-19 pandemic on these grounds).

Even assuming that refusing to wear a face covering constituted conduct sufficient to implicate constitutional principles of free speech, a governmental mandate to wear a face covering in public during the COVID-19 pandemic would not violate the First Amendment…. When the face-cover mandate is analyzed under the four-part O’Brien test [for expressive conduct], it survives a First Amendment challenge. First, the mandate is clearly within the State’s power to protect the safety of its citizens against an epidemic. Second, the mandate serves the important governmental interest of protecting the safety of the public by mitigating the spread of COVID-19. Third, the State’s interest in protecting the safety of its citizens is unrelated to the suppression of free speech. The mandate’s purpose is not to suppress expression; its purpose is to mitigate the spread of COVID-19. Fourth, the incidental restriction on freedom of expression imposed on those who do not wish to wear a face covering during the COVID-19 pandemic is no greater than necessary to further the State’s interest.

“[A]n incidental burden on speech is no greater than is essential, and therefore is permissible under O’Brien, so long as the neutral regulation promotes a substantial governmental interest that would be achieved less effectively absent the regulation.” Here, the State’s interest in protecting the safety of the public would indeed be less effectively achieved without a mandate that requires the wearing of a face covering in public during the COVID-19 pandemic….

In sum, as a general proposition a governmental mandate that requires the general population to wear face coverings in public due to the health emergency caused by COVID-19 would be constitutionally defensible. The constitutionality of any particular governmental mandate, though, would depend on its specific terms and the underlying authority of the governmental entity issuing it….

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