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  • Category Archives About the Supreme Court
  • Clallam Co SMP Update Cathy Lear-DOE-ESA

    Clallam Co SMP Update Cathy Lear, Ecology et al. and ESA Margaret Clancy

    NOV 14, 2017 After researching the  SMP Update from 2009,  Discovery is in its infancy with a multitude of unanswered questions.

    2017 SMP Update Draft Discovery, public information documents, laying down the evidence, laying down the laws, Public notice and participation, laying down Ecology’s unscientific evidence, and in furtherance of the discover and due process of law, demanding answers to ten (10) unanswered questions from Ecology’s and nineteen (19) unanswered questions from Clallam County DCD Planning Dept Director Mary Ellen Winborn.

    Discovery: Cathy Lear, ia a Clallam County employee,  she was identified as the Project Manager for the Clallam County DCD SMP Update Draft on public request documents.

    The Clallam County Board of Commissioners  BOCC must question, Cathy Lear at a Public meeting and demand all documents relevant to the SMP Update from day one.

    Specifically, When, how and why ESA Adolfson  was awarded the SMP Update contract? Was there and open bid process by the BOCC for the contract?

    Or? Were the citizens of Clallam County, and our pristine private shoreline property,  just sucked into the contract with ESA Adolfson , by a process of coordination, linked to Jefferson County, Port Townsend and Sequim for consistency and compliance?

    ESA Adolfson has been document as the compliance experts, consultants, facilitators  in 25 WA State city  and county SMP Updates.

    Interestingly enough, as  Contractors, ESA Adolfson never gets sued

    The BOCC  must Question ESA Adolfson’s Margaret Clancy on her Whatcom County SMP Update, and the ten year legal battle (LAHRS V. WHATCOM COUNTY)  paid for by the citizens of Whatcom County.

    As the consultant for Whatcom County SMP Update, Margaret Clancy did not get sued.

    FIRST, LAY A FOUNDATION IN EVIDENCE

    LAHRS V. WHATCOM COUNTY

    A DOCUMENT OR OTHER PIECE OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

    Victoria Luhrs wins 10-year battle to protect her Lummi Island home …

    https://pacificlegal.org/victoria-luhrs-wins-10-year-battle-to-protect-her-lummi-island-…

    Earlier this year, Whatcom County ended its decade-long legal battle to prevent Lummi Island resident Victoria Luhrs from building a shore defense work that is …

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    LAYING DOWN THE LAW  RCW 90.58.100 IN EVIDENCE

     (6) Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion. The standards shall govern the issuance of substantial development permits for shoreline protection, including structural methods such as construction of bulkheads, and nonstructural methods of protection. The standards shall provide for methods which achieve effective and timely protection against loss or damage to single family residences and appurtenant structures due to shoreline erosion. The standards shall provide a preference for permit issuance for measures to protect single family residences occupied prior to January 1, 1992, where the proposed measure is designed to minimize harm to the shoreline natural environment.

    AND IN LAYING DOWN THE LAW RCW 90.58.100 IN WHATCOM COUNTY

    ESA ADOLFSON AND MARGARET CLANCY DID NOT GET  SUED.

    LAHRS V. WHATCOM COUNTY WAS A DECADE LONG LEGAL BATTLE

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    LEGAL ISSUES ON THE DCD 2017 SMP UPDATE DRAFT

    Koontz v. St. Johns River Water Management District (2013)
    The U.S. Supreme Court handed a victory to all property owners by ruling in favor of Coy Koontz Jr., represented by PLF attorneys, in his constitutional challenge to the heavy, unjustified demands that his family faced as a condition for a building permit. The 5-4 ruling affirms that the Fifth Amendment protects landowners from government extortion, whether the extortion is for money or any other form of property.

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    To Thwart the Constructional rights of Clallam County Shoreline Private Property owners…

    The Clallam County 2017 DCD SMP Update Draft does place  heavy, unjustified demands  as a condition for a building permit.

    Indeed, the Fifth Amendment protects landowners from government extortion, whether the extortion is for money or any other form of property.

    AND IN LAYING DOWN THE LAW…

    ESA ADOLFSON IS NEVER  MENTIONED

    AND ESA ADOLFSON NEVER GETS SUED.

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    Why am I making a Federal Case out of this?

    The U.S. Supreme Court handed a victory to all property owners

    EPA  granted the Clallam County SMP Update funding

    Because we have a top down government of paid experts, the professionals et al.,

    And, after all these years , I am still in DISCOVERY.

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    The DOI are the experts on Natural Hazards and black line restrictions

    So, I sent the following inquiry to the Dear DOI, our BOCC and other concerned citizens.

    Dear DOI,

    RE: Natural Hazards and black line restrictions

    Specifically my inquiry, is how are the DOI Natural Hazards relate to the black line restrictions on our private shoreline property in the Clallam County WA, 2017 SMP Update?

    Contact Us | US Department of the Interior – DOI.gov

    https://www.doi.gov/strategicsciences/contact-us

    Contact Us. SSG logo-small. The Strategic Sciences Group (SSG) is co-led by the U.S. Geological Survey Associate Director for Natural Hazards. In addition, a …

    —– Original Message —–

    From: pearl hewett

    To: ssg@ios.doi.gov

    Sent: Sunday, November 12, 2017 8:06 AM

    Subject: DOI Natural Hazards and black line restrictions

    Dear DOI,

    RE: Natural Hazards and black line restrictions

    Specifically my inquiry, is how are the DOI Natural Hazards relate to the black line restrictions on our private shoreline property in the Clallam County WA, 2017 SMP Update?

    NOV 9, 2017  I RECEIVED A WARNING “IF THE CITIZENS OF CLALLAM COUNTY ONLY KNEW THE EVIL OF THE BLACK LINE, THE DISCRIMINATION OF THE PURPLE COLOR”

    Exactly, what are the DOI black line Natural Hazards federal regulations and restrictions? (documents please)

    How are Channel Meander Zones legally defined by the DOI?  (documents please)

    How are critical shoreline (Natural Hazards)  area’s legally defined by the DOI? (documents please)

    There is NO LIDAR in Clallam County WRIA 20? Did someone just make up the Black Lines based on someones opinion or theory?  (please respond to this question)

    Nov 9, 2017, I was told, by our elected DCD Director, Mary Ellen Winborn, that the black lines restrictions (on map #41) placed on 20 acres of a 40 acre parcel of private shoreline property on the Sol Duc River were for our own protection.

    Which led to this posting on my blog behindmyback.org….

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    Behind My Back | 2017 SMP Draft New Black Lines and Purplewww.behindmyback.org/2017/11/10/7347

    • Nov 10, 2017 · THE NEW CLALLAM COUNTY DCD SMP Update 273 Page Draft is a very expensive, very complicated environmental designation, a Color Book coded with black lines

    Posted on November 10, 2017 12:26 pm by Pearl Rains Hewett Comment

    THE NEW CLALLAM COUNTY  DCD SMP Update 273 Page Draft  is a very expensive, very complicated  environmental designation, a Color Book coded with black lines and  purple, and every other color of the rainbow to rule, regulate and restrict every  vested private shoreline property owner in Clallam County WA.

    SO WHAT’S NEW ABOUT THAT?

    DISCOVERY, NOV 9, 2017  I RECEIVED A WARNING “IF THE CITIZENS OF CLALLAM COUNTY ONLY KNEW THE EVIL OF THE BLACK LINE, THE DISCRIMINATION OF THE PURPLE COLOR”

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    Which led to this posting on my blog behindmyback.org….

    Behind My Back | Clallam Co SMP Update Laying Down the Law

    • www.behindmyback.org/…/11/clallam-co-smp-update-laying-down-the-law

      Nov 11, 2017 · first, lay a foundation in evidence a document or other piece of evidence which assures the court of the talent and experience of a witness or the …

    Posted on November 11, 2017 8:57 am by Pearl Rains Hewett Comment

    FIRST, LAY A FOUNDATION IN EVIDENCE

    A DOCUMENT OR OTHER PIECE OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

    LAY A FOUNDATION IN EVIDENCE, TO PROVIDE TO THE JUDGE THE QUALIFICATION OF A WITNESS (PARTICULARLY AN EXPERT WITNESS)

    AND NOW, YOU KNOW WHY I AM INSISTING ON DOCUMENTATION FROM THE DOI, WITH YOU AS MY EXPERT WITNESS

    Pearl Rains Hewett

    (360) 417-9452

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    NOV 14, 2017 How can the Clallam County BOCC get it, when they never even got it until Oct 30, 2017?

    How can the BOCC  move forward on the DCD approved 2017 SMP Update Draft,  infused with ESA compliance, ECOLOGY’s  questionable science,  with Discovery in its infancy and a multitude of  unanswered  questions?

    ————————————————————————

    THE DEADLINE FOR PUBLIC COMMENT ON THE DCD 2017 SMP DRAFT UPDATE  IS DEC 12, 2017….

    Email your comments to:  SMP@co.clallam.wa.us  Clallam County Board of Commissioners

    What will happen who knows?

    Meanwhile this Tenacious Clallam County Country Bumpkin  is doing the usual….

    I’ll just keep making more 2017 SMP Update Draft Public comments,  posting them on my website, and sending them around in cyberspace.

    THE BOTTOM LINE  ON THE 2017 CLALLAM COUNTY SMP UPDATE ……

    MUST NOT BE…..

    P.S.  I EXPECT TO HAVE SOME MORON TRY TO MAKE US MOVE OUR HOUSE BACK ANOTHER 500 FEET FROM THE BEACH.


  • Putting Down the Distracted Drivers Law?

    FACT: WA STATE DISTRACTED DRIVERS, HOLDING ELECTRONIC DEVICES, KILL AND INJURE PEOPLE, THE PUNISHMENT AND PENALTIES, BY LAW, SHOULD  BE THE SAME AS DUI LAWS.

    DUI or DWI Punishments and Penalties | Nolo.com

    www.nolo.com/legal-encyclopedia/dui-or-dwi-punishments-penalties-30321.html

    Jail Time. In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. … MANY STATES ALSO REQUIRE MINIMUM JAIL SENTENCES OF AT LEAST SEVERAL DAYS ON A FIRST OFFENSE.

    MANY STATES also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

    For a DUI or DWI that’s been classified as a felony — either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI — jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

    FINES IN ADDITION TO JAIL SENTENCES, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

    DRIVER’S LICENSE PROBLEMS A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). FOR EXAMPLE, MANY STATES suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years.

    IN MANY STATES IF YOU COMMIT THE SAME CRIME , KILLING AND INJURING PEOPLE, YOU DO THE SAME  TIME

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    JULY 27, 2017

    HAS WA STATE NANNY GOVERNOR JAY INSLEE (D)  GONE TOO FAR WITH THE STRICTEST DRIVER  LAWS IN THE NATION?

    OR  HAVE HE AND WA STATE LEGISLATORS JUST WANDERED OFF INTO LAW LAW LAND?

    Nation’s Strictest Distracted Driver Law Bans Motorists From Even …

    www.newsweek.com/distracted-driver-law-washington-state-no-holding-phones-6413…

    3 days ago – Drivers in Washington state caught holding their phones, having a quick snack or applying makeup could face fines of up to $234 under a new …

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    A “STEREOTYPICALLY LAUGHABLE EXAMPLE OF A LIBERAL NANNY STATE AT ITS WORST.  IN AN ATTEMPT TO REGULATE OR BAN DOZENS OF ITEMS AND BEHAVIORS FROM BIG GULPS TO CIGARETTES….

     WHILE DRIVING.

    —————————————————————————

    Nearly 30,000 sign petition against Washington’s new distracted …

    q13fox.com/2017/…/petition-started-against-washingtons-new-distracted-driving-law/

    22 hours ago – TACOMA — At least 28000 people have decided that a Washington state law against distracted driving takes enforcement too far. The News …

    INDEED, MICROMANAGER NANNY GOV. INSLEE (D) AND HIS WA STATE LEGISLATORS HAVE GONE TOO FAR. period

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    California: The Ultimate Nanny State – The Federalist

    thefederalist.com/2016/05/05/california-is-an-authoritarian-hellhole/

    MAY 5, 2016 – In California a 15-year-old girl can abort a viable baby without telling her parents, but a 20-year-old can’t buy a pack of cigarettes.

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    CALIFORNIA NEEDS THE SUPREME COURT TO TELL IT THAT REGULATING….

    DC HAS ALREADY GOTTEN IN THE GAME.

     APR 7, 2017 – WASHINGTON (CNN) THE SENATE FRIDAY MORNING CONFIRMED NEIL GORSUCH, A 49-YEAR-OLD FEDERAL JUDGE WHO COULD HELP CEMENT A CONSERVATIVE …

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    The Michael Bloomberg Nanny State In New York: A Cautionary Tale

    www.forbes.com/…/the-michael-bloomberg-nanny-state-in-new-york-a-cautionary-tal…

    May 10, 2013 – Since New York City Mayor Bloomberg announced the 20-ounce soda ban last fall, the controversy has garnered national attention. But, this is just the latest example of his attempt to expand the “nanny state” that has become New York City.

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    Meet Bloomberg | Nanny State

    https://www.meetbloomberg.com/nanny-state/

    Bloomberg’s 12 years as mayor of New York City have been referred to as a “stereotypically laughable example of a liberal nanny state at its worst.

    ———————————————————–

    What Has Bloomberg Tried To Regulate Or Ban In New York City?

    A BETTER QUESTION MIGHT BE WHAT HASN’T HE TRIED TO REGULATE OR BAN.

    HERE’S THE LIST OF SOME OF THE ITEMS ON HIS NANNY AGENDA: ALCOHOL, CALORIE COUNTS, carbon, CELL PHONES, CIGARETTES, contraceptives, composting, fingerprinting, gasoline, NOISE, POLITICS, PRIVACY, SECOND AMENDMENT, SODA, SODIUM, Styrofoam, taxis, tanning, traffic congestion and trans fats.

     BLOOMBERG’S 12 YEARS AS MAYOR OF NEW YORK CITY HAVE BEEN REFERRED TO AS A

    “STEREOTYPICALLY LAUGHABLE EXAMPLE OF A LIBERAL NANNY STATE AT ITS WORST. HE “UNLEASHED A TSUNAMI OF PUBLIC HEALTH INITIATIVES” IN AN ATTEMPT TO REGULATE OR BAN DOZENS OF ITEMS AND BEHAVIORS FROM BIG GULPS TO CIGARETTES, from composting to trans fats.

    HE DID THIS BECAUSE HE THINKS THERE ARE TIMES WHEN GOVERNMENT  “SHOULD INFRINGE ON YOUR FREEDOM.” 

    BLOOMBERG DOESN’T THINK YOU KNOW WHAT YOU WANT, OR WHAT IS BEST FOR YOU.

    HE HAS ACTUALLY SAID,“YOU DON’T KNOW WHAT YOU CARE ABOUT.

    BECAUSE WHAT YOU CARE ABOUT CHANGES WITH WHAT’S GOING ON IN THE WORLD,

     AND YOU NEED SOMEBODY TO MAKE THOSE DECISIONS FOR YOU.”

    And Bloomberg has spent his billions trying to be that somebody.

    Bloomberg’s ban on cell phones in schools simply showed how out-of-touch he was with today’s realities.

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    The Complete List of Everything Banned by Mayor Michael Bloomberg

    gizmodo.com/the-complete-list-of-everything-banned-by-mayor-michael-1490476691

    DEC 31, 2013 – Michael Bloomberg leaves office tomorrow after 12 years as New York City’s mayor. No mayor in recent memory has added so much to a city. Or taken so much away. To remember him properly, here’s a list of everything Bloomberg banned during his time in office.

    —————————————————————————————-

    Is American freedom suffering  from being micromanaged  by  Nanny States,  government? THAT MAKE TOO MANY LAWS, about how people should live their lives, especially about, gun control, eating, smoking, or drinking, coffee, water, sugary water, energy drinks,  overprotective or interfering unduly with personal choices, life liberty and the pursuit of happiness.

    Like, driving to work holding your morning cup of Starbucks? Or eating a McDonalds  egg McMuffin in your car?

    Jul 27, 2017 Absolutely no one likes to be micromanaged. It’s frustrating, demoralizing, and demotivating. Yet, some states can’t seem to help …

    Down Right insulting,  WA State’s Micromanaging Nanny’s,   PASSING A LAW, THAT CONNOTES ANYONE DRIVING IN WA STATE (including tourists) CAN’T CHEW GUM AND DRIVE AT THE SAME TIME……..

    Connotes by definition: imply or suggest (an idea or feeling) in addition to the literal or primary meaning.

    Micromanagement is Mismanagement.

    Micro-managers are bad news for business and bad news for employees.

    They dis-empower staff, stifle opportunity and innovation, and give rise to poor performance.

    MICROMANAGEMENT IS JUST PLAIN BAD MANAGEMENT.


  • POTUS WOTUS EPA ACE and Justice Scalia

    POTUS WOTUS EPA ACE  and Justice Scalia

    President Trump signed an executive order on February 28, 2017, to roll back the waters of the United States (WOTUS) rule that the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers ACE (Corps) promulgated in 2016.

    The Order is entitled, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”

    It instructs EPA and the ACE Corps to begin the process of a rule-making to withdraw the WOTUS rule, id. at § 2(a), and to take appropriate actions in the courts where the rule is in litigation. Id. § 2(c).

    President Trump signed executive order on February 28, 2017 instructs EPA and the Corps to

    “CONSIDER” ADOPTING THE SCALIA TEST FROM RAPANOS V. UNITED STATES, 547 U.S. 715 (2006).

    ORDER § 3. SCALIA OPINED IN RAPANOS THAT, “THE PHRASE ‘THE WATERS OF THE UNITED STATES’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes.’. . . . The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall. . .” 547 U.S. at 739.

    ————————————————————————

    Notice that Trump signed the EO back at the end of February 2017, and the EPA is JUST NOW sending the information out. It looks like they have deliberately STALLED.

    These statements have to be in by June 19, 2017. Heads up!

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    THE FEDERAL DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES

    IS LOCATED AT 33 CFR 329.4

    • 329.4 General definition.

    Navigable waters of the United States are those waters that are subject to the ebb (the outgoing phase; when the tide drains away from the shore) and flow (the incoming phase; when water rises again) of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of  navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.

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    The federal definition 40 CFR 230 .3 pertains to the Clean Water Act and waters of the United States.

    WOTUS BY OBAMA

    The definition of the Waters of the United States (WOTUS) is very dangerous and overreaching. Under section (o), parts of the definition read as follows:
    o) The term waters of the United States means: …

    (ii) All interstate waters, including interstate wetlands;

    (iv) All impoundments of waters otherwise identified as waters of the United States under this section;

    (vi) All waters adjacent to a water identified in paragraphs (o)(1)(i) through (v) of this section, including  wetlands, ponds, lakes, oxbows, impoundments, and similar waters;

    (vii) All waters in paragraphs (o)(1)(vii)(A) through (E) of this section where they are determined, on a case-specific basis, to have a  significant nexus to a water identified in paragraphs (o)(1)(i) through (iii) of this section. The waters identified in each of paragraphs (o)(1)(vii)(A) through (E) of this section are similarly situated and shall be combined, for purposes of a significant nexus analysis, in the watershed that drains to the nearest water identified in paragraphs (o)(1)(i) through (iii) of this section. Waters identified in this paragraph shall not be combined with waters identified in paragraph (o)(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an  adjacent water under paragraph (o)(1)(vi), they are an adjacent water and no case-specific significant nexus analysis is required.

    (A)Prairie potholes. Prairie potholes are a complex of glacially formed wetlands, usually occurring in depressions that lack permanent natural outlets, located in the upper Midwest.

    (viii) All waters located within the 100-year floodplain of a water identified in paragraphs (o)(1)(i) through (iii) of this section and all waters located within 4,000 feet of the high tideline or ordinary high water mark of a water identified in paragraphs (o)(1)(i) through (v) of this section where they are determined on a case-specific basis to have a significant nexus to a water identified in paragraphs (o)(1)(i) through (iii) of this section. For waters determined to have a  significant nexus, the entire water is a water of the United States if a portion is located within the 100-year floodplain of a water identified in paragraphs (o)(1)(i) through (iii) of this section or within 4,000 feet of the high tide line or ordinary high water mark. Waters identified in this paragraph shall not be combined with waters identified in paragraph (o)(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (o)(1)(vi), they are an adjacent water and no case-specific  significant nexus analysis is required.

    —————————————————————————————

    WRITING FOR THE COURT IN THE 2014 CLEAN AIR ACT CASE, UTILITY AIR REGULATORY GROUP V. EPA, JUSTICE SCALIA DECLARED EPA’S INTERPRETATION UNREASONABLE BECAUSE IT WOULD BRING ABOUT AN ENORMOUS AND TRANSFORMATIVE EXPANSION IN EPA’S REGULATORY AUTHORITY WITHOUT CLEAR CONGRESSIONAL AUTHORIZATION.

    JUSTICE SCALIA DECLARED “We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance,’” he wrote.
    —————————————————————————————

    OBAMA VETOES GOP ATTEMPT TO BLOCK WOTUS WATER RULE

    By Timothy Cama – 01/19/16 07:22 PM EST

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    EPA ‘Waters of U.S.’ Rule Is a Power Grab | National Review

    www.nationalreview.com/article/431134/epa-waters-us-rule-power-grab

    by Rupert Darwall February 11, 2016 4:00 AM. Obama’s power-mad agency claims jurisdiction over land and water use almost everywhere in … EPA, under the Clean Water Act, a statute Congress passed two years after its clean-air sibling. … partially checked, in what has become known as the Waters of the U.S. (WOTUS).

    ————————————————————————————————-

    President Trump signed an executive order on February 28, 2017, to roll back the waters of the United States (WOTUS) rule that the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) promulgated in 2016. The Order is entitled, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” It instructs EPA and the Corps to begin the process of a rule-making to withdraw the WOTUS rule, id. at § 2(a), and to take appropriate actions in the courts where the rule is in litigation. Id. § 2(c).

    The Order raises a number of interesting issues. First, it instructs EPA and the Corps to “consider” adopting the Scalia test from Rapanos v. United States, 547 U.S. 715 (2006). Order § 3. Scalia opined in Rapanos that, “the phrase ‘the waters of the United States’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes.’. . . . The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall. . .” 547 U.S. at 739.

    Because Rapanos was a split decision (4–1–4), there is no controlling opinion. The circuit courts, applying the Marks analysis, have concluded that Kennedy’s lone concurring opinion, which focused on the significant-nexus test, is the controlling standard from the case. (A couple of circuits have allowed Kennedy’s or Scalia’s opinion to be used to establish jurisdiction.) All of the circuit courts and almost all of the district courts have rejected the argument that Scalia’s test should be adopted as the sole jurisdictional test. The Supreme Court has denied certiorari numerous times since Rapanos on WOTUS issues, so we have no clarification from the Court on how to interpret the decision.

    IT IS CLEAR WHY THE ADMINISTRATION HAS CHOSEN SCALIA’S TEST—IT IS MORE RESTRICTIVE OF JURISDICTION.

     THAN THE KENNEDY TEST, WHICH EPA AND THE CORPS ADOPTED IN THE WOTUS RULE.

    UNDER THE SCALIA TEST, MOST HEADWATER SYSTEMS—ESPECIALLY IN THE ARID WEST—WOULD NOT BE SUBJECT TO  THE CLEAN WATER ACT (CWA) BECAUSE MOST HEADWATER SYSTEMS ARE EPHEMERAL OR INTERMITTENT AND ARE THEREFORE NOT “RELATIVELY PERMANENT WATERS.” HEADWATER SYSTEMS COMPRISE A LARGE PART OF THE NATION’S TRIBUTARY SYSTEM. IN PLACES LIKE ARIZONA EVEN THE MAIN CHANNELS ARE DRY MOST OF THE YEAR AND, THEREFORE, MAY NOT MEET THE SCALIA TEST FOR JURISDICTION.

     

    THE SCALIA TEST WOULD LIKELY ALSO REMOVE MANY OF THE NATIONS’ WETLANDS FROM . EXPANSION IN EPA’S REGULATORY AUTHORITY WITHOUT CLEAR CONGRESSIONAL AUTHORIZATION.

     

    AS JUSTICE SCALIA SAID “WE EXPECT CONGRESS TO SPEAK CLEARLY IF IT WISHES TO ASSIGN TO AN AGENCY DECISIONS OF VAST ‘ECONOMIC AND POLITICAL SIGNIFICANCE,’”

    —————————————————————————-

    President Trump Issues Executive Order Directing EPA to Review the WOTUS Rule

    Thursday, March 2, 2017

    On February 28, 2017, President Trump issued an Executive Order directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACE) to review the federal Clean Water Act (CWA) definition of “Waters of the United States”(WOTUS) Rule (the Rule) (80 Fed. Reg. 37054, June 29, 2015). Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule, Executive Order (Feb. 28, 2017) (EO). The EO directs EPA and ACE to review the WOTUS Rule for consistency with the policies set forth in the EO which specifies that “It is in the national interest to ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.” The EO also directs EPA and ACE to “publish for notice and comment a proposed rule rescinding or revising the [WOTUS] rule, as appropriate and consistent with law.”

    Pursuant to the EO, EPA and ACE submitted for publication in the Federal Register, a notification of intention to review and rescind or revise the Rule. Notice of Intention to Review and Rescind or Revise the Clean Water Rule, Environmental Protection Agency and Dept. of Defense, Feb. 28, 2017. The notification will be published in the Federal Register in the coming days.

    THE EO ALSO DIRECTS EPA AND ACE TO CONSIDER INTERPRETING THE TERM “NAVIGABLE WATERS,”IN A MANNER CONSISTENT WITH THE OPINION OF JUSTICE SCALIA IN RAPANOS V. UNITED STATES, 547 U.S. 715 (2006). The Rapanos opinion set out two separate standards for CWA jurisdiction. See Rapanos at 715‑718. Justice Scalia, writing for a plurality, determined that the statute should only apply when there is a “continuous surface connection”between “relatively permanent”waters. Id. at 743. Justice Kennedy, on the other hand, determined that jurisdiction should be based on whether a water or wetland possesses “a significant nexus to waters that are or were navigable in fact or that could reasonably be so made.” Id. at 759. Neither standard was supported by a majority, so neither standard has become binding precedent. See Id. at 715-718. Regulators, however, have generally followed Justice Kennedy’s standard,

    AND THUS, A SWITCH TO JUSTICE SCALIA’S STANDARD WOULD REPRESENT A SIGNIFICANT CHANGE IN INTERPRETATION OF THE JURISDICTIONAL EXTENT OF THE CWA. SEE 80 FED. REG. 37054, 37056, 37060-37061 [WOTUS RULE].


  • Trump Draining the Swamp in 100 Days?

    Trump Draining the Swamp in 100 Days?

    ON OCT 18, 2016  PRESIDENT ELECT TRUMP DID A NEWS RELEASE AND TWEET ABOUT DRAINING THE SWAMP

    Trump Pledges To Drain The Swamp And Impose Congressional …

    https://www.donaldjtrump.com/press-releases/trump-pledges-to-drain-the-swamp

    Oct 18, 2016 – Donald J. Trump is the very definition of the American success story, continually setting the standards of excellence … It is time to drain the swamp in Washington, D.C. … Your jobs will come back under a Trump Administration.

    Together, we are going to deliver real change that puts America First.

    We are going to renegotiate our terrible trade deals, end illegal immigration, stop the massive inflow of refugees, reduce surging crime, cut taxes and regulations, unleash job-producing American energy, rebuild our military and take vote of our Vets, and repeal and replace the disaster known as Obamacare.

    ——————————————————————————–

    THEN ON OCT 22, 2016 – GETTYSBURG, PA: IN HISTORIC GETTYSBURG, PA, DONALD J. TRUMP MADE A CONTRACT WITH AMERICAN VOTERS AND PRESENTED PLAN FOR HIS FIRST 100 DAYS IN OFFICE.

    AND THEN PRESIDENT TRUMP WAS ELECT PRESIDENT NOV 8, 2016

    GLOBALLY  SPEAKING, THE SHOT HEARD AROUND THE WORLD

    INDEED, IT WASN’T JUST DEMOCRATS AND REJECTED  ESTABLISHMENT REPUBLICANS THAT DIDN’T UNDERSTAND WHY DONALD J. TRUMP WAS ELECTED PRESIDENT ON NOV 8, 2016.

    AND THEN THE SNOW FLAKES STARTED FALLING, AND…

    Rioting Snowflakes: Hillary Fanatics Burn Flag, Threaten To Kill “Not …

    www.zerohedge.com/…/2016…/rioting-snowflakes-hillary-fanatics-burn-flag-threaten…

    Rioting Snowflakes: Hillary Fanatics Burn Flag, Threaten To Kill “Not My President” Trump. Tyler Durden’s picture. by Tyler … Nov 9, 2016 8:40 PM

    ——————————————————————

    WHAT A FLIPPED OUT TIZZY FIT FEEDING FRENZY THE LIBERAL REPORTERS HAD, WHEN PRESIDENT TRUMP ELECTED.

    WHY WAS TRUMP ELECTED PRESIDENT ON NOV 8, 2016?

    LOL THE RUSSIANS DID IT…

    CONSPIRACY THEORY  FAKE NEWS MEDIA BLAH.. BLAH.. BLAH,

    ————————————————————————–

    THANK GOD PRESIDENT ELECT TRUMP WAS  A MULTI-TASKER

    ——————————————————————————

    PRESIDENT DONALD J. TRUMP TOOK OFFICE ON JAN 20, 2017

    AND THEN THE PRESIDENT HAD TO DRAIN THE SWAMP

    THE FIRST 100 DAYS OF PRESIDENT TRUMP IS TODAY APR 29, 2017

    HOW MANY OF PRESIDENT TRUMP’S  FIRST 100 DAYS WERE SPENT TRACKING DOWN AND FLUSHING OUT THE OBAMA LEFTOVERS, (SES) AND OTHER POLITICO ESTABLISHMENTS BACK STABBERS Etal. LURKING IN THE STAGNANT WATERS OF THE WA DC SWAMP?

    ——————————————————————————-

    INFORMED HARD WORKING AMERICAN CITIZENS KNEW WHY TRUMP WAS ELECTED PRESIDENT ON NOV 8, 2016

    DONALD TRUMP AND HIS MILLIONS OF DEPLORABLE VOTERS KNEW EXACTLY WHY!

    TO HELL WITH POLITICAL CORRECTNESS

    TO HELL WITH THE OFFENDED

    DRAIN THE WA DC SWAMP

    GET RID OF OBAMACARE

    BUILD THE WALL

    MAKE AMERICA SAFE AGAIN

    AMERICA FIRST

    GET RID OF FEDERAL GOVERNMENT REGULATIONS THAT CRUSHED THE AMERICAN ECONOMY?

    ———————————————————————-

    PRESIDENT TRUMPS FIRST 100 DAYS ACCOMPLISHMENTS FOR AMERICAN CITIZENS IN THE UNITED STATES OF AMERICA?

    REALLY..  HOW FAR BACK SHOULD WE START?

    THE 911 ATTACK? BY TERRORISTS

    THE 17 YEAR WAR IN THE MIDDLE EAST?

    OR SHOULD WE JUST START COUNTING  AFTER  EIGHT YEARS OF A TOTALLY DYSFUNCTIONAL FEDERAL GOVERNMENT LEADERSHIP BY OBAMA, HIS PROGRESSIVE DEMOCRATS AND THE UNACCOMPLISHED ESTABLISHMENT REPUBLICANS?

    OBAMACARE?

    THE 20 TRILLION DOLLAR DEBT?

    ————————————————————

    BUT FIRST PRESIDENT TRUMP HAD TO DRAIN THE WA DC SWAMP.

    THANK GOD PRESIDENT TRUMP IS A MULTI-TASKER

    STARTING,  JAN 20, 2017 ONE OF THE MOST REMARKABLE THING THAT PRESIDENT TRUMP DID?

    TO HOLD  LISTENING SESSION IN THE WHITE HOUSE TO IDENTIFY THE SPECIFIC ISSUES IN THE USA.

    YEP.. IN THE WHITE HOUSE, CABINET ROOM, ROOSEVELT ROOM….

    THERE ARE A LOT OF WAYS TO GET VALUE OUT OF LISTENING SESSIONS, SO, PRESIDENT TRUMP DID A LOT OF  THINKING AND PLANNING AHEAD OF TIME

    Trump holds ‘listening session’ for ‘victims’ of ObamaCare – The Week

    theweek.com/speedreads/685662/trump-holds-listening-session-victims-obamacare

    Mar 13, 2017 – President Trump sat down with a group of frustrated Americans on Monday to talk about the “very, very failed and failing ObamaCare law.

    ———————————————————————

    GO FIGURE…

    CNN CUTS FEED AGAIN. WHITE HOUSE OBAMACARE VICTIMS LISTENING SESSION.

    The Liberty Eagle1024 × 576Search by image

    ————————————————————————————–

    LINKS TO THE REMARKS OF PRESIDENT TRUMP ON LISTENING SESSIONS ARE BELOW

    —————————————————————————-

    ANOTHER REMARKABLE THING, TRUMP DID AS PRESIDENT OF THE UNITED STATES OF AMERICA, HE STARTED TWEETING ON JAN 20, 2017.

    WHAT A FLIPPED OUT TIZZY FIT FEEDING FRENZY THE REPORTERS HAD, WHEN PRESIDENT TRUMP BASICALLY SAID ….

    TO HELL WITH THE LIBERAL BIASED FAUX (FAKE OR FALSE) NEWS MEDIA BLAH.. BLAH…BLAH… 

    CHIEF WHITE HOUSE STRATEGIST STEVE BANNON, CALLED REPORTERS THE “OPPOSITION PARTY” AND SAID “THE MEDIA SHOULD BE EMBARRASSED AND HUMILIATED AND KEEP ITS MOUTH SHUT AND JUST LISTEN FOR A WHILE.”

    —————————————————————————–

    MEANWHILE PRESIDENT TRUMP WAS LISTENING AT THE WHITE HOUSE

    ———————————————————-

    PRESIDENT TRUMP  MADE REMARKS BY ON THE LISTENING SESSIONS

    Remarks by President Trump in Listening Session with the National Association of Manufacturers

    March 31, 2017

    Remarks by President Trump in Listening Session on Opioids and Drug Abuse

    March 28, 2017

    Remarks by President Trump in Listening Session with the Fraternal Order of Police

    March 28, 2017

    Remarks by President Trump and Veterans Affairs Secretary Shulkin at Veterans Affairs Listening Session

    March 17, 2017

    Remarks by President Trump in a Listening Session on Healthcare

    March 13, 2017

    Remarks by President Trump in National Economic Council Listening Session with CEOs of Small and Community Banks

    March 07, 2017

    Remarks by President Trump in Parent-Teacher Conference Listening Session

    March 03, 2017

    Remarks by the Vice President at a Listening Session with Historically Black Colleges and Universities

    February 27, 2017

    Remarks by President Trump in Listening Session with Health Insurance Company CEOs

    February 26, 2017

    Remarks by President Trump at Listening Session on Domestic and International Human Trafficking

    February 23, 2017

    Remarks by President Trump in Listening Session with Members of Congress

    February 15, 2017

    Remarks by President Trump in Listening Session with the Retail Industry Leaders Association and Member Company CEOs

    February 14, 2017

    Remarks by President Trump Before SCOTUS Listening Session

    February 09, 2017

    Remarks by President Trump in African American History Month Listening Session

    January 31, 2017

    ————————————————————-

    WHAT HAS OUR REMARKABLE PRESIDENT TRUMP ACCOMPLISHED IN HIS 100 DAYS?

    LISTENING TO AMERICAN CITIZEN

    COMMUNICATING  DIRECTLY WITH US  AND TO US  “WE THE PEOPLE”

    CLICK ON THE TOP LINK FOR  THE FIRST 16 PAGES..

    FROM THE WHITE HOUSE

    ——————————————————

    GOD BLESS PRESIDENT TRUMP AND HIS FAMILY

    WITHOUT AMERICA THERE WOULD BE NO FREE WORLD

    WITHOUT PRESIDENT TRUMP THERE WOULD BE NO “AMERICA FIRST”

    GOD BLESS AMERICA

    President Trump Draining the Swamp in 100 Days?

    I say, we give President Trump  a bit more time..

    IT’S A REALLY, REALLY BIG SWAMP

    MAY THE FIRST 100 DAYS OF PRESIDENT TRUMP’S “AMERICA FIRST” BE CONTINUED FOR 8 MORE YEARS….


  • Justice? 870 Reasons to Vote Trump

    JUSTICE?

    870 REASONS TO VOTE TRUMP

    JUSTICE ANTONIN SCALIA MADE 870 DECISIONS ON THE SUPREME COURT.

    PRESIDENT TRUMP WILL BE CHARGED WITH NOMINATING UP TO FOUR CANDIDATES TO THE SUPREME COURT.

    INDEED, 870 MORE REASONS TO VOTE FOR TRUMP

    ——————————————————————————–

    Undecided? Watch this…

    Supreme Court Honors Life Justice Antonin Scalia | Video

    C-Span‎ – 23 hours ago

    The Supreme Court Bar meets to honor the life of Justice Antonin Scalia, who died in …

    Supreme Court Bar Memorial for Justice Antonin Scalia

    November 4, 2016

    Supreme Court Bar Memorial for Justice Antonin Scalia The late Justice Antonin Scalia was honored at a special meeting of the Supreme Court Bar in the Court’s Great Hall. Speakers included Acting Solicitor General Ian Gershengorn and former law clerks for Justice Scalia.

    —————————————————————————————

    GO FIGURE…

    ON NOVEMBER 4, 2016…. AFTER THE JUSTICE SCALIA MEMORIAL

    As this part of the program comes to a close, all guests are now moving into the supreme court changer

    FOR A SPECIAL SESSION OF THE COURT

    WITH ATTORNEY GENERAL LORETTA LYNCH

    AND CHIEF JUSTICE JOHN ROBERTS.

    ————————————————————-

    Yep, it’s the same Loretta Lynch….

    THE CORRUPT DEPARTMENT OF JUSTICE (DOJ)  LORETTA LYNCH THAT WILL NOT TAKE ACTION AND PROSECUTE UNDER US LAW?

    ———————————————————-

    Giuliani: Hillary & Obama Have ‘Completely Corrupted’ the State Dept, DOJ

    Nov 03, 2016 10:33pm

    THE CORRUPT DEPARTMENT OF JUSTICE (DOJ)  LORETTA LYNCH WILL NOT TAKE ACTION AND PROSECUTE UNDER US LAW?

    TRUMP WILL INVESTIGATE AND TAKE ACTION ON THE CORRUPTION OF ATTORNEY GENERAL LORETTA LYNCH

    TRUMP IS THE PRESIDENT FOR LAW AND ORDER

    PRESIDENT TRUMP WILL BE CHARGED WITH NOMINATING UP TO FOUR CANDIDATES TO THE US SUPREME COURT.

    INDEED, 870 MORE REASONS TO VOTE FOR TRUMP

    ——————————————————————–

    How bad is the corruption?

    Foreign Corrupt Practices Act | CRIMINAL-FRAUD | Department of …

    https://www.justice.gov/criminal-fraud/foreigncorruptpracticesact

    Jul 20, 2016 – An Overview. The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (“FCPA“), was enacted for the purpose of …

    THE FOREIGN CORRUPT PRACTICES ACT of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (“FCPA”), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.


  • Trump Will Make America Safe Again

    Trump Americanization Not  Globalization

    Trump America first

    Trump make America strong  again

    Trump  a  land of Law and Order

    Some people want it to happen, some wish it would happen, others make it happen.

    American voters will make it happen

    In 2017 President Donald J. Trump will make it happen

    Trumps  land of Law and Order.. in this order

    Trump make America safe again

    Trump make America strong  again

    Trump American citizens first

    Trump American jobs first

    Idle hands are the devil’s workshop

    The battle cry of the Republic 2015-2016

    Trump, Trump, Trump, Trump, Trump, Trump, Trump

    There are three kinds of people in this world: people who make it happen, people who watch what happens, and people who wonder what happened.

     Idle lips are the devils mouthpiece.

    WHO MADE THIS HAPPEN?

    Run, Hide, Fight Video – FBI

    https://www.fbi.gov/about…/runhidefight-video

    FEDERAL BUREAU OF INVESTIGATION

    UNITED STATES DEPARTMENT OF HOMELAND SECURITY

    secure the door. • Attempt … RUN. • Have an escape route and plan in mind. • Leave your belongings behind. • Keep your hands visible. 2. HIDE. • Hide in an area out of the shooter’s view. • Block entry to your hiding place and lock the doors … FIGHT. • As a last resort and only when your life is in imminent danger. • Attempt …

    WHO WATCHED  AND WONDERED WHEN THIS HAPPEN IN ORLANDO AND PARIS?

    IS ANYBODY ASKING, HOW THIS RUNNING, HIDING, BLOCKING AND LOCKING OUT… 

    WORKED  OUT TO COMBAT GLOBAL RADICAL ISLAMIC TERRORIST ATTACKS IN GUN FREE ZONES?

    WHAT DIFFERENCE, AT THIS POINT IN TIME, DOES IT MAKE?

     ———————————————————————————-

    LEARNING FROM A HISTORIC WINNER!

    WINSTON CHURCHILL WAS A FIGHTER AND WINNER

    NEVER RUN AWAY FROM ANYTHING. NEVER!

    WHAT DIFFERENCE, AT THIS POINT IN TIME, DOES IT MAKE?

    TRUMP IS A FIGHTER AND A WINNER

    TRUMP WILL NEVER RUN AWAY FROM ANYTHING. NEVER

    One ought never to turn one’s back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half. NEVER RUN AWAY FROM ANYTHING. NEVER!

    WINSTON CHURCHILL

     ——————————————————————————

     WHAT DIFFERENCE, AT THIS POINT IN TIME, DOES IT MAKE?

     HILLARY CLINTON IS THE 2016 DEMOCRATS PROGRESSIVE PRESIDENTIAL CANDIDATE

     WHO ARE OBAMA’S ADMINISTRATED LOSERS?

    WHO TURNED THEIR BACK ON BENGHAZI?

    WHO LIED THROUGH THEIR TEETH?

    WHO IS THE BIGGEST LIAR OF THEM ALL?

     HILLARY, HILLARY, HILLARY, HILLARY, HILLARY, HILLARY, HILLARY


    WHO TURNED THEIR BACKS ON AMERICANS?

    WHO RAN AWAY FROM RADICAL ISLAMIC TERRORISTS?

    WHO DOUBLED THE DANGER OF RADICAL ISLAMIC TERRORISM?

    WHO RAN AWAY FROM EVERYTHING  MUSLIM JIHAD AND THE  ISLAMIC CELIPHATE

    WHO ARE OBAMA’S COWARDLY FLINCHERS?

    —————————————–

    JULY 23 2016

    WikiLeaks Release Over 19,000 Leaked Emails From The Democratic …

    www.breitbart.com/…/wikileaks-release-19000-leaked-emails-democrat…

    Breitbart News

    JUNE 21, 2016

    1 day ago – WikiLeaks have released 19252 leaked emails from the US Democratic National Committee today, IN THE LATEST OF THEIR DNC/CLINTON LEAKS. … Visitors to the site can navigate the nearly 20,000 emails and attachments by … a search bar that allows users to input keywords that may appear in the documents.

    JUNE 23, 2016

    VIDEO: Protester shouting ‘DNC leak!’ ejected from Hillary rally

    The American Mirror‎ – 2 hours ago

    ————————————————————–

    TEN YEARS OF WIKILEAKS 2006-2016

    Wikileaks is a self-described “not-for-profit media organization,” launched in 2006 for the purposes of disseminating original documents from anonymous sources and leakers.

    Julian Assange: Why the world needs WikiLeaks | TED Talk | TED.com

    —————————————————————–

    WikiLeaks 2010: A Glimpse of the Future? – Belfer Center for Science …

    Aug 10, 2011 – although WikiLeaks has been registered since 2006: There is one massive leak by a ….. October 22: Iraq War Logs, 391,832 documents released at once … As of January 11, 2011, 2,017 cables have been released with many…….

    ————————————————————-
    “Long before WikiLeaks was born, THE INTERNET HAD TRANSFORMED THE LANDSCAPE of journalism, creating a wide-open and global market with easier access to audiences and sources, a quicker metabolism, a new infrastructure for sharing and vetting information

    The Communist East German government, for example,

    QUICKLY REALIZED THAT  IT COULD NOT STOP ITS PEOPLE FROM WATCHING

    West German TELEVISION VIA SATELLITE.

    THE INTERNET EXPANDED THIS RANGE EVEN FURTHER FROM REGIONAL TO GLOBAL

    UNLESS A GOVERNMENT TAKES PROACTIVE STEPS TO LIMIT ACCESS AND CENSOR MATERIAL

    such as the People’s Republic of China’s Great Firewall.

    In the words of Philip J. Crowley, the State Department spokesman,

    “THE MARRIAGE OF THE DATA, THE TECHNOLOGY AND THE MEDIA YIELDS IMPACT THAT IS GLOBAL, NOT LOCAL.”

    MOREOVER, THE INTERNET HAS TRANSFORMED THE AUDIENCE FROM BEING MERELY A RECIPIENT TO A POTENTIAL PARTICIPANT IN THE ROLE OF A “CITIZEN JOURNALIST” E.G. BLOGGER

    ————————————————————————–

    INDEED, THE INTERNET HAS TRANSFORMED THE AUDIENCE FROM BEING

    MERELY A RECIPIENT, WHO WATCHED WHAT WAS  HAPPENING IN THE UNITED STATES OF AMERICA AND GLOBALLY, AND, WONDERING WHAT THE HELL WAS HAPPENING TO THE WORLD.

     TO THE TRANSFORMERS, THE POWER OF CYBERSPACE TRANSFORMED BY “CITIZEN JOURNALIST” E.G. BLOGGERS, SOCIAL MEDIA, FACEBOOK, TWITTER AND TWEETS, BECAME THE DOCUMENTED MEDIA REALITY SHOWING EXACTLY WHAT HAPPENED IN THE USA AND GLOBALLY, AND, CONTINUES TO DOCUMENT

    EXACTLY WHO WAS DIRECTLY RESPONSIBLE FOR WHAT THE HELL HAPPENED TO THE WORLD.

     HILLARY, HILLARY, HILLARY, HILLARY, HILLARY, HILLARY, HILLARY…

    ——————————————————————–

    The bottom line….

     IT WAS JUST A MATTER OF TIME AND TECHNOLOGY

    BEFORE LYING’  HILLARY’S PRIVATE EMAIL  EUPHORIA

    BECAME THE GENERAL PUBLIC’S EUPHORIA

    AND ROCKED CROOKED HILLARY’S CRADLE OF POWER



  • U.S.A. Becoming a Police State?

    Who’s to keep AMERICA  from becoming a police state?

    Angry American Voters

    WE THE PEOPLE OF THE UNITED STATES WERE ANGRY LONG BEFORE DONALD TRUMP DECIDED TO RUN FOR PRESIDENT.

    Everybody in the U.S.A. IS ANGRY OR OFFENDED  BY SOMETHING AND/OR SOMEBODY.

    WHO’S ANGRY AND WHO’S VIOLENT?

    MANY ANGRY, OFFENDED PEOPLE  RESORTED TO VIOLENCE, KILLING COPS, ARSON  LOOTING, AND DISRUPTING.

    ————————————————————-

    WHO’S ANGRY? AND WHO’S VOTING FOR DONALD TRUMP?

    GO FIGURE….

    DONALD TRUMPS 2015-2016 DECLARATION OF INDEPENDENCE FROM THE  CORRUPTING  INFLUENCE OF POLITICO ESTABLISHMENTS SUPER PACTS POLITICAL $$$$$ CONTRIBUTIONS .

    DONALD TRUMP CAN NOT BE BOUGHT AND HE WILL NOT SELL  AMERICAN CITIZENS OUT TO ANY COUNTRY OR ESTABLISHMENT.

    What’s to STOP AMERICA  from becoming a police state?

    WE THE PEOPLE OF THE UNITED STATES AND DONALD TRUMP, SHALL  ACT AND VOTE FOR THE RESTORATION OF  THE UNITED STATES CONSTITUTION AND THE BILL OF RIGHTS.

    WE THE PEOPLE OF THE UNITED STATES in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America…

    ———————————————–

    AS PRESIDENT OF THE UNITED STATES OF AMERICA

    DONALD TRUMP HAS PLEDGED   …

    RESTORATION OF JUSTICE

    ———————————————-

    Just asking? Just saying…. Would that pledged include?

    NO MORE AG LYNCHING OF AMERICAN CITIZENS

    ———————————————————

    ALL LIVES MATTER

    APPOINTING CONSERVATIVE SUPREME COURT JUSTICES
    —————-

    RESTORATION OF DOMESTIC TRANQUILITY,

    —————————————

    RESTORATION OF LAW AND ORDER

    ——————————————-
    RESTORATION OF THE COMMON DEFENSE,  PROTECTING AMERICAN CITIZENS FROM THEIR OWN U.S. GOVERNMENT, TERRORISTS  AND ILLEGAL IMMIGRANTS

    ———————–
    RESTORATION OF THE GENERAL WELFARE, STATE SOVEREIGNTY, ALL LIVES MATTER, BRINGING JOBS BACK TO AMERICA, VETS LIVES MATTER, STATE CONTROLLED EDUCATION FOR OUR CHILDREN.

    ———————————
    RESTORATION TO SECURE THE BLESSINGS OF LIBERTY TO OURSELVES, THE BLESSING OF ONE NATION UNDER GOD, REBUILDING THE MILITARY

    ——————————
    RESTORATION OF OUR POSTERITY, ECONOMIC, BUILDING A FENCE, CLOSING DOWN THE BOARDERS,  STOP THE GOVERNMENT CORRUPTION AND GIVING PUBLIC LAND BACK TO THE PEOPLE
    —————————————————————————————

    WHO’S ANGRY AND WHO’S VIOLENT?

    As an informed citizen, I consider the following case to be one of the biggest domestic (homeland security) threats to American liberty.

    The Guardian1 day ago
    County Sheriff Nelson said Finicum was struck in the back by three of the bullets, which were fired by state troopers who were behind him as he appeared to reach for a weapon.
    Shooting death of LaVoy Finicum justified, necessary, prosecutor says
    shows that the three fatal shots , fired by Oregon State Police were justified “and, in fact, necessary”
     To see and hear what it was like to have been in the vehicle, watch this video:
    It has created a new American awakening from both the Left and the Right. It “shocks our conscience.”

    Dramatic video from inside Finicum’s vehicle – The Westerner

    thewesterner.blogspot.com/…/dramaticvideo-from-insidefinicums.html

    12 hours ago – Dramatic video from inside Finicum’s vehicle. Footage released by Deschutes County Sheriff’s Office Tuesday shows the moment that Robert …

    The American people are outraged at this inhumanity, this brutality and barbarism by the courts and law enforcement.

    ————————————————————–

    APPOINTING SUPREME COURT JUSTICES?

    Utah v Strieff Oral Argument | Video | C-SPAN.org

    www.c-span.org/video/?404140-1/utahvstriefforalargument

     0:345 on the video.

    Feb 2, 2016 oral statement that Justice Sotomayor

    Reasonable cause? Probable cause in the course of a police stop?

    What’s to keep us from becoming a police state?

    ————————————————————-
    WHO’S TO KEEP AMERICA FROM BECOMING A POLICE STATE?
    VOTING AMERICAN CITIZENS WERE ANGRY LONG BEFORE DONALD TRUMP DECIDED TO RUN FOR PRESIDENT.
    ——————————————————————–

    JEANETTE FINICUM RESPONDS TO OREGON STATE AND FBI INVESTIGATIVE REPORT

    According to the news story from Portland Oregon: “Officials investigating the death of Robert [LaVoy] Finicum are ready to release results” of the fatal shooting “during a Jan. 26 traffic stop while trying to arrest the rancher and others involved in the takeover of an Oregon wildlife refuge.”

    ———————————————————————————–

    NEWS RELEASE
    FOR IMMEDIATE RELEASE
    Contact: Cherilyn Bacon Eagar
    for the LaVoy Finicum family
    Cell: 801-592-4245
    Email: Cherilyn@CherilynEagar.com

    March 8, 2016, St. George, UT.
    — LaVoy Finicum’s wife Jeanette Finicum released this statement at a news conference in St. George, Utah:
    The news conference held earlier today in Bend, Oregon to release the report of the investigation regarding my husband’s death was to be expected. No surprises. The purpose of that announcement was for state and federal agencies to continue to lay the foundation of their legal case.
    However, they also continue to bring forward selective evidence. As in all such situations there is another side to this story. We will provide a more thorough analysis at a follow up news conference tomorrow and will be taking questions at that time. Meanwhile, we continue to maintain my husband’s innocence.
    According to the news story from Portland Oregon: “Officials investigating the death of Robert [LaVoy] Finicum are ready to release results” of the fatal shooting “during a Jan. 26 traffic stop while trying to arrest the rancher and others involved in the takeover of an Oregon wildlife refuge.”
    As a family, along with our lawyers, we deny this statement. This was not a traffic stop. It was an ambush with a roadblock placed on a blind curve along a lonely stretch of highway. I am told that in law enforcement and prosecuting circles this is called a “Deadman’s blockade,” and is designed to allow a “kill stop” which is illegal.
    The news story continues: “The FBI said Finicum was shot after reaching for a gun…”. We reject that statement. The FBI’s aerial video was of poor quality, edited and provided no audio. Our family asserts that he was shot with both hands up, he was not reaching for anything at the time of the first shot. He was walking with his hands in the air, a symbol of surrender. When he reached down to his left hip he was reacting to the pain of having been shot.
    I can hardly believe that a team of qualified law officers could look at the facts in this case and say that no criminal laws were violated.
    How could they have reached this decision in the face of evidence that clearly shows intent to kill my husband?
    We have talked with an independent investigator who has stated that the “video proves a set up assassination.”
    Many people, including my lawyers, have tried to prepare me for this—-“be strong”, “accept this with peace” —–but I don’t think anything could prepare me to accept what is so clearly a finding that challenges the Constitution that my husband died defending.
    I know that under the Constitution the men who shot my husband to death, while he was surrendering, are entitled to due process of law—-but they are not entitled to walk free and not have to face the same legal process that is a barrier to you or to me.
    They shot my husband, they left him lying in the snowbank—no medical assistance, no charges, no arraignment, no preliminary hearing, no indictment, and no trial by a jury, — and should they just walk free? It just is not right.
    The consolation I have is that hundreds of thousands of Americans have seen and know the truth and believe as I do that my husband was murdered “intentionally, deliberately and with malice.”
    My lawyer has assured me that we will seek justice in a different court, under different circumstances—and I look forward to the day when these men do face a jury that is unbiased enough to return a fair verdict.
    After the Finicum funeral, rallies spontaneously began to organize in many states. The organizers counted, possibly as many as 300 rallies took place throughout the country, in every state but Rhode Island.
    It has been asked how this movement got such momentum so quickly. When Americans heard the details of this story and how these American patriots who have no criminal record and who have stood on the same interpretation of the US Constitution as Justice Scalia have been treated, the actions of law enforcement and the FBI have “shock [ed] the conscience.” Our Supreme Court has set as the standard guideline for practices of law enforcement that are unacceptable to our society, as those that “shock the conscience”.
    A Deadman’s blockade with the intent to kill “shocks the conscience.” Shooting to kill with both hand up “shocks the conscience.”
    Violating the 8th Amendment – cruel and unusual punishment – by placing Americans with no criminal records, who are apparently guilty of defending the US Constitution and the overreach of federal authorities, into solitary confinement and then removing their constitutional right to bear arms are two examples of how elected and appointed officials in the court system, legislative bodies and in law enforcement are violating the Constitution they swear to uphold.
    The Supreme Court has referred to solitary confinement as being “violently insane.” The court has recognized that solitary confinement tortures our human brain and diminishes our God given strength to overcome obstacles.
    Solitary confinement is a form of torture that often drives prisoners mad.
    Last year a Supreme Court Justice wrote a concurring opinion that described the history of solitary confinement and said the practice bears a “peculiar mark of infamy” in its ability to shatter the minds and spirits of prisoners.
    Who are we? We are outraged that men and women who have no criminal records and who posed no threat during the protest in Oregon are being treated as mere animals.
    The American people are outraged at this inhumanity, this brutality and barbarism by the courts and law enforcement. It has created a new American awakening from both the Left and the Right. It “shocks our conscience.” And that is why around 300 rallies spontaneously organized in support of my husband’s assassination and these patriots who are being held as political prisoners.
    Again, my lawyer has assured me that we will seek justice in a different court, under different circumstances—
    We will be commenting on the FBI’s and Deschutes County press release tomorrow after we review their findings fully.
    Thank you.

    Bottom line

    ARE YOU ANGRY NOW? ARE YOU VOTING FOR DONALD TRUMP?


  • The Supreme Court C-SPAN Feb 2, 2016

    The Supreme Court C-SPAN Feb 2, 2016

    In a small town of 21,000, in rural America,  80% of the people had outstanding arrest warrants.
    Another Justice, said she was staggered by the number of outstanding arrest warrants.

    Listen to the oral statement that Justice Sotomayor makes at 0:345

    ————————————————————————————

    I live in a small rural town of 17,000 in America. I can’t even begin to fathom, how and why, 80% of the people in any small town in the United States of America could have that many outstanding arrest warrants?

    WHAT TOWN? WHO? WHEN? WHERE? AND WHY?

    AS AN AMERICAN CITIZEN AREN’T YOU WORRIED ABOUT THIS ANOMALY?

    What has the Supreme Court argument in the following case, on illegal police stops, illegal police search and seizures and incriminating evidence got to do with outstanding arrest warrants?

    Utah v Strieff Oral Argument | Video | C-SPAN.org

    www.c-span.org/video/?404140-1/utahvstriefforalargument
    C‑SPAN

    Oral Argument The Supreme Court heard oral argument in Utah v. Strieff,

    a case questioning whether incriminating evidence can be used against a defendant if it was discovered

    in the course of an illegal police stop. 

    The heart of this case rests on the Fourth Amendment’s ban against illegal searches and seizures and what’s known as the exclusionary rule.

    The rule prohibits evidence found in an illegal police search from being used against a defendant in a criminal prosecution. close

    ———————————————————————

    Listen to the Feb 2, 2016 oral statement that Justice Sotomayor makes at 0:345 on the video.

    “IN A TOWN LIKE  FERGUSON 80% OF THE PEOPLE HAVE OUTSTANDING ARREST WARRANTS”

    Reasonable cause? Probable cause in the course of a police stop?

    What’s to keep us from becoming a police state?

    Just stand on a corner and ask everyone their name, run a background check and you have an 80% probability of an arrest.

    If you just want to talk to them and improve the relationship between the police and the citizens?

    Don’t ask their name, just talk to them.
    ————————————————————————–

    Feb 2, 2016 THE U.S. SUPREME COURT A TOWN LIKE  FERGUSON

    Aug 9, 2014 IN A TOWN LIKE  FERGUSON?

    August 11, 2014 IN A TOWN LIKE  FERGUSON?

    ——————————————————–

    August 16, 2014 IN A TOWN LIKE  FERGUSON
    Governor Nixon declares a state of emergency in Ferguson, and imposes a curfew making it illegal to be on the streets after midnight.
    ———————————————————–

    Nov 25, 2014 IN A TOWN LIKE  FERGUSON

    Grand jury decides not to indict officer Darren Wilson

    Epic Riot Footage From Inside The Battle of Ferguson …

    https://www.youtube.com/watch?v=ut3xsdkIWhg
    Nov 25, 2014 – Uploaded by The Alex Jones Channel

    After days of largely peaceful protests Ferguson, MO erupts with chaos. Infowars Reporters Stand tall in the …

    ———————————————-
    MEDIA REPORTS UNREST in Ferguson?
     ON THE TIMELINE Nov 25 2015
    Grand jury decides not to indict officer Darren Wilson, sparking unrest in Ferguson.
    ———————————————————-
    Mar 5, 2015  IN A TOWN LIKE  FERGUSON

    Ferguson shows how a police force can turn into a plundering

    https://www.washingtonpost.com/…/fergusonshows-h

    The Washington Post

    Mar 5, 2015 – Of all the harrowing stories buried inside the Justice Department’s report on the Ferguson Police Department, one of the most illustrative begins …

    https://www.washingtonpost.com/…/ferguson-shows-h…
    The Washington Post
    Mar 5, 2015 –  The Ferguson police and courts have come under broad criticism for … Ferguson city employees, from the police chief to the finance director, collaborated to generate revenue … 32,975 arrest warrants for minor offenses, according to Missouri …

    The Ferguson police and courts have come under broad criticism for discriminatory practices. Eighty-five percent of people subjected to vehicle stops are African American, according to the report. Ninety percent of people hit with citations are African American. Ninety-three percent of people arrested are African American.

    ————————————————————

    67% of the people in Ferguson Are BLACK

    29% of the people are WHITE

    AND, 80% OF THE PEOPLE IN FERGUSON HAVE OUTSTANDING ARREST WARRANTS”

    ———————————————————

    Mar 12, 2015 IN A TOWN LIKE  FERGUSON

    Ferguson shootings: Two officers shot amid protests …

    www.telegraph.co.uk › … › North America › USA

    The Daily Telegraph

    Mar 12, 2015 – One officer was shot in the face and another in the shoulder causing serious injuries as a protest rally was dispersing, police

    Ferguson: Arrest made in connection with shooting of two …

    www.telegraph.co.uk › … › North America › USA

    The Daily Telegraph

    Mar 15, 2015Police take cover after two officers were shot while standing guard in front of Ferguson Police Station. … Mr Williams, who is African-American and faces life in prison,

    —————————————————————————————-

    August 9, 2014 Day One – to Aug 10, 2015

    Ferguson: timeline of events since Michael Brown’s death …

    www.telegraph.co.uk › … › North America › USA
    The Daily Telegraph

    Aug 10, 2015 – A timeline of events since the death of an unarmed black teenager sparked riots on the streets of Ferguson, Missouri.

    August 11, 2014 IN A TOWN LIKE  FERGUSON

    ————————————————————————
    There’s a lot of angry folk.
    And I don’t know what made it rise to this kind of level?

    —————————————————————–

    The shooting of Michael Brown on August 9, 2014 IN A TOWN LIKE  FERGUSON

    REALLY ANGRY PEOPLE FROM ALL OVER THE ENTIRE UNITED STATES, CAME FOR THE  RIOTING, BURNING, LOOTING, RUNNING AMOK AND SHOOTING COPS.

    The Psychology of Aggression
    Four psychological factors that influence aggressive
    behavior are:
    1.Dealing with aversive events
    2.Learning aggression is rewarding
    3.Observing models of aggression
    4.Acquiring social scripts

    ——————————————————-

    Just asking? Just saying…

    WHO SET THE FERGUSON POLICY?

    Mar 5, 2015 WHO WERE THE ELECTED FERGUSON CITY EMPLOYEES, FROM THE POLICE CHIEF TO FINANCE DIRECTOR THAT COLLABORATED TO GENERATE REVENUE,  AND CREATED THE FERGUSON POLICY?  32,975 arrest warrants for minor offenses?

    AND USED THE POLICE AS A COLLECTION AGENCY?

    —————————————————————–

    Mar 4, 2015

    The report said the St. Louis suburb overwhelmingly arrested and issued traffic citations to blacks to boost city coffers through fines, USED THE POLICE AS A COLLECTION AGENCY and created a culture of distrust that exploded in August when Ferguson Officer Darren Wilson fatally shot 18-year-old Michael Brown.

    “This investigation found a community that was deeply polarized; a community where deep distrust and hostility often characterized interactions between police and area residents,” Holder told reporters.

    Brown’s killing touched off a national debate on race, led to months of street protests and amplified long-standing complaints in Ferguson and across the country of police harassment and mistreatment of minorities.

    Of course, violence is never justified, But seen in this context, amid a highly toxic environment, defined by mistrust and resentment, stoked by years of bad feelings, and spurred by illegal and misguided practices,

    It is not difficult to imagine how a single tragic incident set off the city of Ferguson like a powder keg.

    ———————————————————-

    THE BLAME GAME
    Fundamental Attribution Error

    The policy was set by the Ferguson governing.

    THE POLICE WERE USED AS THE  COLLECTION AGENCY
    The cops get blamed and  killed and the elected get to resign?

    ————————————————————

    THE BLAME GAME
    Fundamental Attribution Error

    In social psychology, the fundamental attribution error, also known as the correspondence bias or attribution effect, is the tendency for people to place an undue emphasis on internal characteristics (personality) to explain someone else’s behavior in a given situation rather than considering the situation’s external …

    The Psychology of Aggression
    Four psychological factors that influence aggressive
    behavior are:
    1.Dealing with aversive events
    2.Learning aggression is rewarding
    3.Observing models of aggression
    4.Acquiring social scripts

    Frustration-Aggression Principle
    A principle in which frustration (caused by the
    blocking of an attempt to achieve a desired goal)
    creates anger, which can generate aggression.

    Learning that Aggression is Rewarding
    When aggression leads to desired outcomes, one learns
    to be aggressive. This is shown in both animals and
    humans

    ——————————————————————

    Scholarly articles for Scholarly articles for poverty and fear breeds violence

    Scholarly articles for poverty and fear breeds violence
    1978 – PSYCH.PURDUE.EDU
    [PDF] Obedience to authority
    S Milgram, E Van den Haag – 1978 – psych.purdue.edu
    … Prejudice is often directed towards different cultural, ethnic, or gender groups. 1. Beliefs
    (stereotypes) 2. Emotions (hostility, envy, fear) 3. Predisposition to act (to discriminate) … 50 Gender
    Most women still live in more poverty than men. … Similarity breeds content! Page 14. 14 79 …
    Cited by 7513 Related articles All 20 versions Cite Save More

    ————————————————————————-

    Feb 22, 2016  IN A TOWN LIKE  FERGUSON

    Utah v Strieff Oral Argument | Video | C-SPAN.org

    www.c-span.org/video/?404140-1/utahvstriefforalargument
    C‑SPAN

    Feb 22, 2016 – The Supreme Court hears oral argument in [Utah v. Strieff], a case questioning whether incriminating evidence can be used against a …Utah v Strieff Oral Argument | Video | C-SPAN.org
    www.c-span.org/video/?404140-1/utah-v-strieff-oral…
    C SPAN
    The Supreme Court hears oral argument in [Utah v. Strieff] … February 22, 2016. Utah v. Strieff Oral Argument The Supreme Court heard oral argument in Utah v. … Feb 27, 2016 | 6:00pm EST | C-SPAN RADIO; Mar 02, 2016 | 12:59am EST | C-SPAN 3; Mar 02, 2016 | 6:54am EST | C-SPAN 3 … See all on Fourth Amendment.
    ——————————————————————————————-

    It is not difficult to imagine how a single tragic incident

    IN A TOWN CALLED FERGUSON  set off  THE ENTIRE BLACK MOVEMENT  like a powder keg.