DA Bragg’s case against Trump: dubious

Progressive New York DA Alvin Bragg presented his case against Donald Trump. Unfortunately for him, even the liberal media has pointed to the pitfalls in the case.

Alvin Bragg’s 2020 campaign for New York County DA included a promise to “get Trump.” He is trying to deliver on his pledge by filing a pile of charges against the former President. Unfortunately, even the liberal press, known to turn cartwheels defending progressive DAs like Bragg, is skeptical.

Very skeptical.

Vox explains the root of the skepticism in its article of April 4, The dubious legal theory at the heart of the Trump indictment, explained. A few words can summarize:

“The actual felony counts arise out of allegedly false entries that Trump made in various business records in order to make the payment to Daniels appear to be ordinary legal expenses paid to Cohen.

But Bragg built his case on an exceedingly uncertain legal theory. Even if Trump did the things he’s accused of, it’s not clear Bragg can legally charge Trump for them, at least under the felony version of New York’s false records law.”

The HuffPost, while seemingly expressing hopeful thoughts of a Bragg success, states in its April 4 article How The Manhattan District Attorney Ended Up Charging Donald Trump With Felonies,

“There are potential pitfalls for DA Alvin Bragg in the legal theory he is using to charge the former president with 34 felony counts.”

Conservative Washington Free Beacon seems to have had a field day quoting liberals in its article of April 5, Even the Liberal Media Aren’t Buying Alvin Bragg’s Bogus Trump. Possibly the best quote is,

“[Bragg is] plunging forward with a premise that has given pause to even some of Mr. Trump’s toughest critics.” — Charles Savage, New York Times

And there is more.

Trump is accused of violating a state law that makes it a crime to falsify business records with the intent to defraud, specifically to conceal another crime. The concealment of another crime turns the misdemeanor of falsifying business records into a felony. A felony conviction is what DA Bragg wants, even if he must stretch facts and laws. And stretch he does.

  • The alleged other crime is influencing the outcome of the 2016 presidential election by arranging for hush money to keep two women from divulging their affairs with Trump. But Trump was running for a federal office, so it is questionable whether Bragg can bring state charges based on an alleged federal violation.
  • Bragg claims Trump violated a New York election law that makes it a crime to conspire to promote a candidacy by unlawful means. But this law is not mentioned in Bragg’s charges.
  • Trump’s final payment of hush money was in 2017. The statute of limitations for the felony charge of falsifying records to conceal another crime is 5 years. The statute of limitations for the misdemeanor charge of falsifying records is 2 years.
  • Trump’s former lawyer, Michael Cohen, made the hush money payments on behalf of Trump, and Trump then reimbursed Cohen, calling the reimbursement “legal expenses.” The Feds charged Cohen with violation of campaign finance law. But the legality of the charge was never tested in court since Cohen quietly went to prison without contesting the charge. Trump could challenge the legality of the charge now. If the hush money payments are not deemed illegal, then there is no violation of campaign finance law for Bragg to hang his felony charge on.

One could wonder why bring dubious charges.

DA Bragg is simply following a script prescribed by those who do not wish their long-standing power disturbed by Trump: just keep throwing stuff at him until, 1) he quits, or 2) voters can no longer stand the turbulence and want Trump gone from public life.

It really does not matter what is thrown – a lineup of accusing ladies (we are talking back in 2015), claims of Islamophobia, impeachments, treason, inciting violence, too many Tweets.

In all fairness, it should be mentioned that Donald Trump’s penchant for creating chaos provides good cover for the extreme actions taken against him. However, it should also be mentioned that Trump supporters view chaos as means to reform. Alvin Bragg may have just helped to ensure Donald Trump’s return to the Presidency.

Pictured: New York County District Attorney Alvin Bragg announcing his charges against former President Donal Trump.

Views from a happy California expat

California boasts of being an economic powerhouse and a compassionate sanctuary. So, why are so many Californians moving to other states?

Thank you to Richard Eber, frequent contributor to California Political News & Views, for his article on reasons people are leaving California, and for including the Just Vote No Blog editor’s views. Actually, the article wonders why anyone would choose to stay in the once Golden State.

Certainly, there are reasons not to join the California exodus — family ties, a good job, balmy weather, lovely scenery, world-class art and music venues, health constraints, dependence on California’s generous welfare, or reliance on bountiful flow of drugs. However, as Richard Eber’s article points out, the reasons to leave are mounting.

Although Californians are leaving mainly because of exorbitant taxes, housing prices, and living costs, many are rejecting the principal underlying cause of those costs – the all-enveloping far-left one-party rule.

The resulting inefficiencies of the one-party rule make California less desirable than, say, North Carolina, one of the destination states mentioned in Eber’s article. Sure, there are Republicans, Greens, and Libertarians in California. But they have descended into near irrelevance given the power of the Democrat machine. Power of such magnitude, regardless of what party or faction holds it, empowers, and inspires extremes.

Richard Eber’s article is reproduced below:

__________________________________

Leaving California, by Richard Eber, published September 22, 2022, in California Political News & Views

It’s no secret families of all economic classes from the poor to the super rich are leaving California in droves. From illegal aliens to billionaire Elon Musk folks of all backgrounds are quickly putting the former “Golden State” in their rear view mirrors

Libertarian types like me would like to attribute the migration of about half a million people each year to Texas to be politically motivated. In reality this is not the case. Spurred by the socialistic government headed by Governor Gavin Newsom, high taxes, housing costs, energy costs, crime, and poor schools, are more important than politics.

Migrating businesses are following as well. Texas has been the main beneficiary of what amounts to a wealth transfer of billions of GNP each year welcoming 500,000 new residents. It is no coincidence Austin is quickly gaining the reputation of becoming the Silicon Valley of the South.

Typical is the family of my daughter’s best friend and her family who packed their life and moved to Texas after Lexi graduated from high school. Despite both of her parents having decent jobs, they could not afford to purchase a house in the Bay Area.

This soon changed in Texas when they bought a 2500 square foot home for less than half of what it might cost in California. If Lexi’s family would have stayed, it is doubtful they could even have purchased sardine like dwelling in a Priority Development Area (PDA) Sacramento believes people prefer to single family homes.

Prospering with an upper middle class standard of living, my daughter’s friends have never regretted bolting California. They are pretty much apolitical believing their standard of living and lifestyle is more important than living under expensive Progressive social values.

The truth of the matter is Bill Clinton’s campaign advisor James Carville’s remark in the 1992 Presidential election “It’s the economy stupid” is in the forefront of the exodus of folks departing for greener pastures. While this phenomenon has been partially balanced by immigrants settling in California from South of the border, there is major disparity in tax revenue being taken in.

Last week it was reported government revenues declined 11% in the last quarter. While Sacramento might sugar coat these statistics blaming Covid-19 for the drop, many economists believe this will be a preview of coming attractions as the land of Hollywood is fast losing its luster.

Apparently, Gavin Newsom with his fixation with promoting the use of electric vehicles doesn’t care if it costs up to $35.00 dollars more to fill up ones tank compared with several other states. This is but a tip of the iceberg families pay to live in a so called sunny paradise.

If those departing California were really interested in staying rather than being fitted for PF Fliers, they would try to change the Progressive agenda which dominates politics in all but a few rural communities. What then prevents voters from supporting more rational policies that would lower their cost of living?

There is no clear answer for middle of the road and conservative individuals who might want to change the current system. There doesn’t seem to be a clear path for those who wish to slow down going all in on climate change, Sanctuary Cities, defunding the police, reducing the influence of public employee labor unions and paying for costly social programs.

Apparently, this growing group of disenfranchised citizens doesn’t feel the Republican Party of California has the ability to elect candidates to carry out their wishes.

In contrast we have my friend Marcy Berry who recently departed San Francisco to live near her daughter’s family who relocated to North Carolina. As a Libertarian, she has been delighted with the political environment there. After a few months, here is her report from the land of Tar Heels and Blue Devils:

Hello from a transplanted Californian in North Carolina. Why are y’all still in California? Family ties, great job? Legitimate reasons. Barring that, anyone who stays must love California’s all-enveloping progressive reign. Just sayin’. And here are some more unsolicited opinions:

California’s all-enveloping progressive reign is the state’s most salient characteristic, and is what makes California so politically different from North Carolina, a swing state. Folks in a swing state just behave differently than those in a dominant regime.

North Carolina has a Democrat governor, and a majority-Republican but not veto-proof state legislature. Governor Roy Cooper navigates a peaceful balance, without the histrionics that Governor Gavin Newsom can perpetrate in his all-Democrat dominion.

Voter profile in North Carolina is currently 34.6% Democrat, 30.3% Republican, 1% Libertarian, and a whopping 34.5% unaffiliated. The unaffiliated contingent could account for the majority-Democrat voters and majority-Republican legislature. Let’s see what happens in the 2022 midterm elections, with unaffiliated voters residing mostly in the most populous counties.

North Carolina, not having (yet?) a dominant political party, is awash in both right and left-leaning voices. The local newspaper in my county leans left, my neighbors lean right, I am told that transplants arriving daily from California due to North Carolina’s rapidly expanding technology sector lean semi-left (they are aware of the mess they left behind but are not sure how else to think).

Unlike Republicans in California, Republicans in North Carolina are vocal and determined. Current and aspiring political candidates know they matter. They know they have a shot at making the state legislature veto proof and of turning the U.S. Senate majority-Republican.

Is there still hope to bring the two-party system back to California? Will the domination of the three quarters Democratic legislature and all State office holders continue indefinitely? The answer to this question is unequivocally “yes”. My only regret is wondering if such a change might occur in my lifetime.

I would suppose GOP State Chairwoman Jessica Patterson and her inept followers will eventually be replaced (if there is still a Republican Party). In a similar vein it is likely if Gavin Newsom and his successors continue to run the State into ground with their Marxist-Lite policies, needed changes will eventually occur.

There are so many “could have should of” scenarios to contend with in predicting California’s future. All we can do is hope.

__________________________________

Picture: Meme from Babylon Bee, a publication that never tires of having fun at California’s cost.

1619 Project: any equity yet?

Some ideas in The 1619 Project have some merit, but the Project is riddled with illusory truths, which relegate it to the realm of propaganda.

When works with some merit are too forcefully publicized, they become hysterical rhetoric that require a set of illusory truths repeated ad infinitum. At that point they attract critics bent on stripping those works of all value. A good example of this phenomenon is The 1619 Project.

New York Times journalist Nikole Hannah-Jones assembled essays on America’s history and named the collection The 1619 Project, which was published by The New York Times in 2019 with great fanfare. The name refers to the year the first shipload of Black slaves landed in America.

According to the project, this seminal event in 1619 forever imprinted racism in the American psyche, causing foundational and expansion episodes to carry slavery’s imprint to this day. The project in its original publication contended that 1619 must be considered America’s founding date, not 1776.

Praises and Disdain

Immediately after its publication, The 1619 Project received accolades from liberals and searing criticism from conservatives. In 2020, Nikole Hannah-Jones received a Pulitzer Prize for her work. She also received denunciations of circulating junk history.

The great tragedy of the original 1619 Project was its missed opportunity to add detail, nuance, and reflection to our historical understanding of slavery and its legacy. That opportunity was lost not upon publication but in the aftermath, when The New York Times met its scholarly critics with insult and derision. The ensuing controversies, initially confined to Hannah-Jones’ and Desmond’s essays, came to overshadow the remainder of the project, including its other historical contributions as well as its literary and artistic sections. The 1619 Project Unrepentantly Pushes Junk History, Reason, March 29, 2022

The principal purpose of The 1619 Project is not to inform but to agitate and entice action. Hannah-Jones wants to see acknowledgement of the persistent consequences of slavery and the ubiquitous nature of racism, present in the judicial system, housing, employment, education, and all other institutions. Her premise is that without that acknowledgement, society cannot begin to erase the negative effects of prejudice. In this regard, her premise aligns with the principles of Critical Race Theory.

Action is often best achieved with focus, flexible statements, relentless publicity, and fascinating storytelling. Lest The New York Times version of the project starts losing media space, Hannah-Jones expanded it into a book, The 1619 Project: A New Origin Story, and a school curriculum, Reading Guide for The 1619 Project Essays.

Measures of early action enticed by The 1619 Project could be the level of sales of the book, how many school districts adopted the curriculum, and the backlash. The book is an Amazon best seller. The number of school districts that adopted the curriculum does not seem to be available; there are only article, mostly published in 2020, saying that “4,500 classrooms” are using the curriculum. As of February 2022, 38 states have introduced or passed legislation banning the teaching of race-based curricula.

Illusory Truths

Possibly because of its dependence on illusory truths and storytelling, the Project is an easy target for criticism and dismissal. Here are three of the Project’s most salient, most often repeated, assertions and the JVN Blog’s opinion of how these assertions missed opportunities to enrich American history.

  • The American Revolution was fought over slavery

Traditional history does not fully discuss the crucial role slavery played in colonial economy, principally in the Southern plantations, but also Northern commerce. A deeper discussion would serve better to understand the words of the Declaration of Independence, the Civil War, Reconstruction, and government-sponsored segregation.

However, other reasons for the Revolution abound: British soldiers quartered in America starting in 1763. Devastating taxation and regulation in 1765. The Boston Massacre in 1770. The long list of other grievances listed on the Declaration of Independence.

Also, the British were the middlemen who exported slaves to America. Calls for abolishing slavery in Britain did not occur until 1780, five years after the Revolutionary War began.

  • The Second Amendment to the Constitution was placed there to allow White men to defend themselves against Black slaves.

Indeed, history needs to speak more about slaves’ discontent and frequent rebellion, which no doubt caused White apprehension.

History also needs to be clear that the ten original Amendments that make up the Bill of Rights were the result of the Founders’ mistrust of a central government and particularly government’s standing armies. Those Amendments, including the Second, were intended to protect the People against government, not against each other.

What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty …. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins. Rep. Elbridge Gerry of Massachusetts, Annals of Congress 750, August 17, 1789.

  • Slavery and racism were, and still are, root causes of unjust social, judicial, and educational systems.

There are events that could be better understood with more honest discussions of their relation to racism. For example, during the 1930s through the 1950s, the Federal Housing Administration guaranteed most private mortgages that helped build America’s suburbs. Only 2% of those mortgages went to non-white applicants. The FHA encouraged covenants that kept suburban neighborhoods “harmonious.”

Areas surrounding a location are investigated to determine whether incompatible racial and social groups are present, for the purpose of making a prediction regarding the probability of the location being invaded by such groups. If a neighborhood is to retain stability, it is necessary that properties shall continue to be occupied by the same social and racial classes. Federal Housing Administration 1936:233.

It is not difficult to determine what social and racial class was preferred when we consider what the American suburbs of the 1950s looked like.

Civil rights legislation of the 1960s removed housing discrimination, and many Black families did resettle to prosperous suburbs. But poverty kept more in the inner cities.

Poor Black neighborhoods share key characteristics that ensure poverty: Children living in one-parent families (64% vs. 24% of White children). Incarceration (in state prisons 5 times the rate of White incarceration). Gun violence, that results in high, mostly Black-on-Black, violent crime.

These self-inflicted wounds keep poor Black families poor and deluded by the cruel lie of victimhood.

Meanwhile, Black individuals and families that refuse to cling to victimhood prosper: Harriett Tubman, Frederick Douglass, Candace Owens, Clarence Thomas, the countless number of Black families who insist on discipline and have achieved economic well being.

Yes, slavery, government-sponsored segregation, and prejudice are the despicable triumvirate that shares a place in America’s identity. But they need not be the determining variables in anyone’s life. They need not be the relentless distraction from purposeful endeavors that Nikole Hannah-Jones and her fellow Critical Race Theorists want them to be.

A Great Experiment Goes Unnoticed

The 1619 Project’s plea to face history honestly makes sense, since nothing can be learned from an embellished version that ignores mistakes to be avoided. However, The Project’s version, stripped of understanding, has caused it to be dismissed in its entirely. Good understanding of history should include these three principles:

  • History is incremental. People develop knowledge of themselves and the world around them in bits and pieces.

Earth was once the center of the universe, until it was not. Slavery was once a fact of life going back to ancient times, until it was not.

  • America’s Declaration of Independence laid down a new concept of the rights to life, liberty, and pursuit of happiness: these rights are not granted by government, but by The Creator.

At the time the Declaration was written, the Founding Fathers’ attitude toward slavery and an economy dependent on slavery was evolving. As Hannah-Jones herself pointed out Thomas Jefferson included in the Declaration a passage condemning slavery, but the passage was removed prior to ratification. One would have to speculate that the Founders must have figured that if they were to have a country at all, they could not obliterate their economy by suddenly freeing the slaves.

  • America’s Constitution laid down a never-before tried system of government 1) of rule by the people through the peoples’ representatives in Congress, 2) of enumerated powers in the Articles clearly indicating what each of the three branches of government does, and 3) of restrictions in the first 10 Amendments indicating what government cannot do.

In other words, the Founders wrote the American Constitution as an experiment in self-government, something never before attempted. It turned the idea of government held since time immemorial on its head. Under this Constitution, government works for the people, not the other way around. That means the People, through their representatives, can change (amend) any part of that document if they so choose.

Baby Gone With the Bathwater

In conclusion, The 1619 Project throws away the baby with the bathwater. That is unfortunate. However, if the Project’s intent, along with that of brethren Critical Race Theory, is to agitate, distract, and solidify Black adherence to progressive politics, then rational thinking does not matter.

California Emptyin’

Thank you to Steve Frank, publisher of the California Political News and Views for publishing my adieu to California. Our family has joined the exodus out of a state we once loved.

Thank you to Steve Frank, publisher of California Political News & Views, for publishing my adieu to California. In October 2021, my family and I joined the exodus out of a state we once loved and once offered so many opportunities for work and growth. A misguided political class that rose to power in the early 1990s has chased away the middle class, invited in the billionaires, and blanketed the streets with the homeless.

Those of us who bailed out are not looking back. Those who chose to stay behind have one more choice to make: fight for a return to sanity or slowly descend into irrelevance.

Marcy Berry
Just Vote No Editor

________________________________

California Emptyin’

Some of us are old enough to remember the Mamas and the Papas’ iconic hit California Dreamin’.

All the leaves are brown
And the sky is gray
I’ve been for a walk
On a winter’s day
I’d be safe and warm
If I was in L.A.
California dreamin’
On such a winter’s d
ay

There was a time when people did dream of coming to California. There was a time when L.A. was safe. But today, California is experiencing it’s own kind of winter’s day. There is less of California dreamin’ and more of California emptyin’.

Today the middle class – the backbone of America’s economy – is choosing brown leaves and wintry days over California’s nightmare of inordinate living costs, back-breaking taxes, endless restrictions, miserable schools, homelessness, and unsightly streets.

As I look out of the window of my new home in North Carolina, I see loads of brown leaves. I have already felt a couple of days of bone-chilling breezes, and I have been advised to purchase some heavy winter clothes. And I have met several California ex-pats who are happy to be here and are not looking back. We are the middle class. We are the workers on the ground. And we are leaving California.

The California political class is either amazingly brilliant or abysmally dull on the head. If their aim is to grow and cement inordinate power by methodically obliterating their constituents’ individual rights, they are doing a magnificent job. If they are hoping to maintain California’s stature as having an impressive production of goods and services, they are, as the saying goes, not all there.

Either way, though, the picture is not pretty. Either way, the state will disintegrate as other jurisdictions from Rome to Detroit have in the past.

This is the time to choose: bail out, roll up your sleeves and fight, or quietly descend into irrelevance.

Our family chose to bail out of California. But we have not chosen to stop fighting for the survival of the Republic our Founding Fathers envisioned.

We send you best wishes.

Lies, Hate and Disinformation – Should Facebook Decide What’s What?

Say, a Facebook political ad states that immigrants helped build our nation, while another ad states that illegal immigrants are a burden to taxpayers. What ad should Facebook approve or prohibit?

FB Protesters - Copy

Crowds have been gathering in front of Facebook headquarters and Mark Zuckerberg’s home demanding that Facebook stop accepting political ads from users and stop availing users of targeted political ads.  The crowd that gathered on February 17 was organized by well-known groups like Media Alliance and Global Exchange

Some groups have demanded that Mark Zuckerberg step down as Facebook CEO. They cite Twitter’s ban on political ads and Google’s ban on targeted political ads as models for stopping posted content that mislead voters.

Although both major political parties use Facebook and other media platforms to promote their causes, the current demands focus more specifically on right-leaning political groups:

* Mr. Zuckerberg appears to be engaged in some kind of mutual assistance arrangement with Donald Trump that will help him to get re-elected. Facebook does not need to wait for government regulations to stop accepting any political advertising in 2020 until after the elections on November 4. If there is any doubt whether an ad is political, it should err on the side of caution and refuse to publish. It is unlikely that Facebook will follow this course. George Soros: Remove Zuckerberg and Sandberg From Their Posts. Letter from Soros to Financial Times, February 17, 2020.

* This year’s US presidential elections are in jeopardy—in part because San Francisco Bay Area technology company Facebook refuses to take responsibility for the lies, hate, and disinformation that are being spread using its platform. Crowd Outside Mark Zuckerberg’s Home Protests Political Disinformation on Facebook, Newsweek, February 18, 2020.

* Tech companies must play a more active role in regulating the content on their platforms, and we stand in full support of tech platforms removing demonstrably false content and instituting better transparency standards. That approach combats the spread of disinformation without harming civic engagement or limiting the ability of campaigns to connect directly with voters. DCCC, DNC, DSCC Joint Statement on Google’s Recent Changes To Its Political Ad Policy. November 22, 2019.

In spite of demands for banning all political ads or banning targeted ads, the real item on the left-leaning wish list is for Facebook to act as gatekeeper and ban false or misleading content. This is a tall order requiring ample resources, which does not help Facebook’s bottom line.

Facebook is not a content provider, it merely offers a platform for content generated by users. Therefore, Facebook is supposedly protected by Section 230 of the Communications Decency Act.

Section 230 of the Communications Decency Act immunizes websites from certain liability when they publish information provided by another source. This usually arises in the context of defamation, privacy, negligence, and other tort claims. It does not, however, cover criminal liability, copyright infringement, or other intellectual property claims. Findlaw:  Understanding the Legal Issues for Social Networking Sites.

The bigger elephant in the room, other than that Facebook benefits monetarily from political ads that might be misleading, is how would the folks creating Facebook algorithms determine what is misleading.

Say, a Facebook political ad states that immigrants helped build our nation, while another ad states that illegal immigrants are a burden to taxpayers. What ad should Facebook approve or prohibit? Could picking one or the other ever be considered objective? Would Facebook’s financial bottom line be affected by an effort to fact check such a complex question?

The point here is that what protesters are advocating is blatant censorship, and censorship outside the parameters of laws such as Section 230 is never good.

Moms 4 Housing vs. Private Property

The Moms 4 Housing saga furthers the concept that unrestricted private property is no longer viable given today’s political and economic realities. The contemplated remedy is worse than the disease.

Moms 4 Housing

Sameerah Karim raises her fist with supporters after filing a claim to fight her eviction notice at Alameda County Superior Court. (Molly Solomon/KQED)

The Story, Once More

Hundreds of news articles have reported for the last couple of months the saga of four homeless moms and their children who moved last November into a vacant house owned by the investment firm Wedgewood Properties in Oakland, California.

Given that the estimated number of unsheltered people in the U.S. is nearly 200,000 (45% in California), one could assume that many take shelter unobtrusively in vacant property. However, quiet occupation was not the intent in this story.

The moms immediately received strategic and legal help from Alliance of Californians for Community Empowerment (ACCE), admiration from public officials, and support from cheering crowds outside the house. They founded the collective Moms 4 Housing, and in the name of one of the moms, Dominique Walker, defended an eviction notice in court.

Dominique Walker’s argument was that the court must grant right of possession to the women occupying the house with their children, because housing is a right, the house had been vacant for two years, and the alternative to occupying the house would be living in the streets. Walker requested the court’s permission to offer expert testimony on the right to hosing based on federal and international law.

Judge Patrick McKinney on January 10, ruled that Dominique Walker had no valid claim to possession of the house, and eviction could take place. He indicated that Walker’s argument of housing rights under federal and international law were “outside the scope of this proceeding.”

Alameda County Sheriffs then conducted a pre-dawn raid with full swat regalia and battering rams, while many supporters of Moms 4 Housing surrounded the house and the press took it all in. Two moms and two supporters were arrested and soon released. Dominique Walker was not in the house at the time of the raid, since she was attending an interview with Amy Goodman of Democracy Now.

Although Wedgewood Properties offered to pay for a few months of shelter for the moms they refused to negotiate the mom’s request to purchase the house through the Oakland Community Land Trust “for exactly what they paid for it.”

Rights Under Federal and International Law?

There are a number of U.S. federal statutes that prohibit discrimination in housing, provide home-buying assistance, and help with rent payments. None of these statutes mandate a roof over everyone’s head or indicate that housing is a human right.

There are numerous trans-national declarations of human rights. Most of these declarations were implemented by the United Nations, including one of the most notable, the 1948 Universal Declaration of Human Rights. In spite of its mane, the Declaration of Human Rights does not mandate a home for all who need one; instead it speaks of economic, social, and cultural conditions that should be respected. Perhaps most pertinent to the Moms 4 Housing case is the Declaration’s Article 17: ”Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.”

The Legal Perspective

The U.S. Constitution is clear on matters of property: no one can be “deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public good without just compensation.” (Amendment 5, Section 1). The prohibition applies also to States: ” …nor shall any State deprive any person of life, liberty, without due process of law…” (Amendment 14, Section 1).

Judge Patrick McKinney’s decision in the Moms 4 Housing case should have been anticipated, given the case’s lack of a Constitutional basis, lack of U.S. statutes affording possession of other people’s property due to an occupier’s hardships, and the fact that international declarations (as opposed to international treaties) have no standing in U.S. courts.

Economic Realities and Progressive Solutions

The U.S. Constitution’s clarity in matters of private property has always been a stumbling block to those who favor a more communal ownership of property. They make a distinction between classical liberals (presumably outdated liberals) who defend unrestricted private property, and contemporary liberals who adjust the concept of private property to modern times. Corporate ownership of property, the function of wealth in political power, and rising economic inequalities are realities of modern time cited by contemporary liberals.

Contemporary ‘classical liberals’ (and related, ‘libertarians’) still defend the classical conception … However, most contemporary liberal authors accept private property as a fundamental right but supplement this acceptance of unrestricted private property rights with a set of social rights. This supplementation strategy also reflects the practice of many international human rights documents and national constitutions. Social rights (to housing, health care, etc.) are meant to counterbalance the harsh effects to vulnerable individuals resulting from only recognizing unrestricted private property rights.” Private Property and Political Power in a Liberal-Democratic Society, Dutch Research Council, 2016.

The largely supportive response from the press and from public officials that Moms 4 Housing received evidences that private property is no longer universally viewed as the unrestricted right of owners. However, Judge Patrick McKinney’s court order was based on the classical concept of property. According to the research paper mentioned above, such dichotomy could be remedied by implementing an “institutional translation” of “abstract proposals for a fair wealth distribution.” In other words change the nation’s Constitutional and statutory framework to reflect a concept of communal, rather than private, property.

Remedy Worse than the Disease

The Just Vote No Blog has pointed out in several articles that although the U.S. is overall still economically powerful and politically free, there are serious underlying challenges that need correction. Such challenges have the perverse effect of benefiting some and devastating others. Profligate government spending, an unsustainable national debt, cheap money, stocks valued at several times earnings are root challenges that will not be corrected by simply distributing property. Moms 4 Housing and their supporters are sadly on the wrong track.

Progressive Policies: How they Thrive

It would seem odd that officials making policy decisions in cities and states that live with costly living expenses, crumbling infrastructure, and high tax rates would not at some point come to the conclusion that something is amiss, something is not working.

PromisesThe U.S. liberal strongholds exercise considerable influence over the nation’s attitudes and policies. The saying “As California goes, so goes the nation” suggests as much, and the popularity of high-profile progressives like Alexandria Ocasio Cortez boosts liberal solutions nationwide.

But There is a Sorry Scenario

Coexisting with the leadership scenario California enjoys is the state’s march toward being the first third world state in the county, given its overwhelming incidence of homelessness, drug addiction, and general quality of life decay. High taxes and high living costs add to the state’s list of ills.

New Yorkers do not fare much better in the quality of life scale, suffering from similar ills as California.

On August 29, 2019, Bloomberg News reported a substantial exodus of people from New York City, but noted that such exodus is also occurring in Chicago, Los Angeles, San Francisco, San Jose (CA), and Washington DC.

Forbes fills in some details,

These statistics make sense to anyone living in these places. The costly living expenses, crumbling infrastructure and high tax rates are a big problem for residents.

Odd Contradictions?  Not Really

It would seem odd that officials making policy decisions in cities and states that live with costly living expenses, crumbling infrastructure, and high tax rates would not at some point come to the conclusion that something is amiss, something is not working. The situation is odd perhaps, but totally understandable.

Voters who are fed up with the status quo in progressive strongholds leave, some that know they will benefit arrive and join those that stay in fighting for more of the same – more subsidies at greater levels of the income scale, more employment and pension benefits, more tenant protections, more drug addiction support, more leniency toward low-level crime.

They get more of the same, since a crucial job of an elected official is to ensure his livelihood by ensuring his re-election, and a vital job of a bureaucrat is to grow the bureaucracy in order to justify his employment.

Really quite simple.

Where You Need Antifa’s Permission to Speak

Permission to speak from Antifa and other left-leaning activists is just the beginning.

riot

Some articles succeed in presenting such a vivid picture of events readers feel they are witnessing the happenings themselves. Mimi Soros (no relation) and Catherine Hart wrote one such article, published in the California Political News & Views.

They were trying to attend a College Republicans event featuring Ann Coulter, and were blocked by Antifa and other left-leaning activists. This sad situation happened at the University of California Berkeley campus – once home of the Free Speech Movement – but it could have happened in any progressive-leaning town in the U.S.A.

We seem to be entering an age in which we will all need permission to speak.  Does it stop at speech?  How about needing permission to exercise our religious beliefs, to defend ourselves against intruders or attackers, to travel, what else?

Reformer District Attorneys: Know What You Are Voting For

Progressive district attorney Chesa Boudin was recently elected in San Francisco. Although principles and common sense are essential – most of us do not want to hear excuses for tragedies like “I was just following orders” – there is a fine line that crosses into judicial flexibility bordering on lawlessness.

Chesa Boudin speaking to reporters

An especially progressive district attorney was recently elected in San Francisco. Chesa Boudin received some national press, mostly focused on his radical-left parents and his pledge not to prosecute “quality of life” events like public urination and prostitution.

Although such information is important, also significant is for voters to be aware that Chesa Boudin is not an isolated example of committed progressive reformers being elected throughout the U.S. in the last five or so years. Moreover, a voter’s political persuasion – whether conservative or progressive – is not the issue. The issue is understanding the forces propelling progressive DAs into office and what these DAs represent.

The article published November 19, Reformer DAs – What’s So Bad About Public Urination? in a popular on-line news publication California Political News & Views briefly discusses the new wave of reformer DAs.

The article has a strong and heartfelt introduction by Steve Frank, committed conservative and publisher of CPN&V. The Just Vote No Blog hopes readers will take a few minutes to read the article as well as the introduction.

Oil foes do not like kids’ plastic toys

So your favorite candidate for office is promising to ban oil production leases and fracking? Sounds like your kids’ toys will be getting more expensive.

WatermelonGreen deals are popping up like dandelions.  Left-leaning folks are ready to downright ban oil.  No more fossil fuels!  No more fracking!  To be responsibly green, we will need to do a lot more than what is common sense like investing in clean, effective and useful transit systems.

Aside from the question whether we need to anticipate flying in solar-powered airplanes, we also need to reflect on how many things around the house we will need to replace when oil becomes prohibitively expensive or just plain unavailable.

Of course, our toddler’s toys, eating utensils, backyard kiddie pool, and playground slides will need to go away.  Disposable diapers will be a problem — outer shell is plastic.  Crayons — oil based.

Also to depart will be the cheap bag of fertilizer we use for our potted plants.  Inexpensive T-shirts will need to be replaced by cotton or maybe even Irish linen.  Regarding shoes, we will have to face a huge dilemma, since the alternative to synthetic might be leather from little innocent cows.

Vaseline, lipstick, nail polish — all petroleum based.

So, when a candidate for office says at a neighborhood town hall that she would suspend all fossil fuel drilling leases for offshore and public lands, start worrying about all those T-shits and sneakers.

Oh, but wait, the U.S. imports like 70% of all that stuff anyway, so we would not need domestic oil, right?  Other countries can increase their oil production to make up for the U.S. decrease, no?  Oh, that will fight global warming how, again?