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Thread: I am an American constitutional lawyer – and I see our government using Covid-19

  1. #1

    I am an American constitutional lawyer – and I see our government using Covid-19

    I am an American constitutional lawyer – and I see our government using Covid-19 to take away our fundamental rights

    written by robert barnes
    monday march 23, 2020




    Do we really think “it can’t happen here” in America? Could we quarantine the constitution? Are we doing it already?

    Panics from pandemics unleash unchecked governmental power. The very premise of popular films like V for Vendetta reveal this: a group uses a virus to seize power and create a totalitarian society. Anyone could witness this from far-off lands, watching the news about China locking people up in their own homes and then removing them screaming from those homes whenever the state wanted. World War I and the Great Depression birthed virulent forms of governments with leaders like Hitler, Mao, Mussolini and Stalin.

    Governments across America already used the pandemic, and the media-stoked panic around the pandemic particularly, to limit, restrict or remove First Amendment freedoms of speech and free association, with officials complaining about the potential restraints the freedom of religion imposed upon them. Others denied or declared the right to deny Second Amendment rights of gun purchase for personal safety (at a time governments are issuing no-arrest and no-detention orders for a wide range of crimes in their community while publicly freeing inmates from jails and prisons). They want to coordinate with tech companies to surveil and spy on your everyday movements and activities, in violation of the Fourth Amendment and potentially waive, unilaterally, your medical right to privacy in multiple contexts. Stay-at-home orders deprive you of your profession, occupation, business and property, without any due process of law at all beyond an executive fiat in violation of the Fifth Amendment right to due process. Governments request the authority to involuntarily imprison any American on mere fear of infection without any probable cause of crime or clear and present danger of harm by that person’s volitional conduct, deny access to personal counsel in an unsupervised, un-surveilled manner in violation of the Sixth Amendment, and act as judge, jury and executioner in violation of the Seventh Amendment right to a trial by jury, as jury trials themselves get suspended around the country in the nation’s quieted courts and fear-muted public.

    The real pandemic threat is here. It’s the panic that will quarantine our Constitution.


    First Amendment Quarantined?

    Already, governments in America suspended the First Amendment freedom of millions of citizens with shutdown, stay-at-home, curfew orders that prohibit obtaining a petition for a public protest, or even being physically present for a public protest. Indeed, even meetings in “more than ten” are prohibited by various governing jurisdictions within the United States. Surprising places like Missouri did so. Towns like Hartford did so. Maryland soon followed suit. The effect of the stay-at-home orders of New York, California, Nevada, Illinois and Pennsylvania effectively achieve the same outcome. Other governing officials recognized the dubious lawlessness of these orders, but remain outliers. Remember the Hong Kong protests? Gone. Remember the Yellow Vest protests? Soon to be gone. Seen any protests on American streets today? A pandemic is here. Protests gone. Constitution quarantined.

    Second Amendment Quarantined?

    But that is not all. Under the guise of “unnecessary businesses,” “emergency powers,” or simply by furloughing or reducing staff in the background checks department, governments show the willingness to limit Second Amendment rights as well as First Amendment protections. Mayors declare the right to ban gun sales, governments declare no background-check personnel to process a background check, delaying gun sales indefinitely, and other governments simply shut down all gun sales businesses entirely. Most worrisome, this happens while governments release inmates into the streets, and discussreleasing even more, and, at the same time, issue no-arrest and no-detention orders from Philadelphia to Fort Worth for a wide range of criminals. Want to defend yourself, give yourself a deep sense of personal protection that comes with gun ownership for many, as the Second Amendment safeguards? Well, no luck, according to too many of our governing overlords. A pandemic is here. Self-protection sacrificed. Constitution quarantined.

    Fourth Amendment Quarantined?

    Few protections are more American than the right to privacy against coerced, compelled, secretive, subversive invasion. The government operates like a virus in a case of a pandemic panic, infecting our minds and bodies, monitoring speech, association and movement, with tools of surveillance unthought-of to the founders. Coordinating with private companies (unrestrained by the Fourth Amendment; why do you think NSA uses them to gather all your emails, conversations, texts, and internet searches, at the first stage?), governments used the panic about the pandemic, a panic the government itself stoked with aid of a compliant, complicit press, to waive your medical privacy and invade your personal privacy, looking for tools to monitor your every movement, associations, activities, and behavior. The watching eye in the sky can now be the Alexa in your home, the camera on your computer, and the phone in your hand. A pandemic is here. Privacy ended. Constitution quarantined.

    Fifth Amendment Quarantined?

    The protection for our right to make a living arises from the Fifth Amendment right to property without deprivation by due process of law, and the obligation for the government to compensate any such takings. Yet, governments across America did just that to millions of businesses, workers, and property owners, stripping them of their ability to make a living, or even to engage in a free market of commerce, by shutdown orders, curfews, and stay-at-home orders. The political and professional class ensconced in its work-from-home environs fails to appreciate the hardship this imposes on working people. No compensation. No substitution. No wages. No revenues. No opportunity. Labor lost that can never be recovered, ever, while it leaves our economy teetering on the edge of a worst-ever depression. The foundation of government is to protect the pursuit of happiness. Now all we get to pursue is Netflix-and-chill and hope miracles happen to pay next week’s bills, and pray the market doesn’t crash like in 1929. A pandemic is here. Opportunity & property gone. Constitution quarantined.

    Conclusion

    Our founders were intimately familiar with pandemics, viruses and plagues, yet they did not allow any to suspend our Constitutional liberties. Not one word in the Constitution about plagues or pandemics to exempt the government from any of our Bill of Rights. Why do our current courts allow it? Because the public is asleep at the wheel. Think the pandemic threatens to kills us all? A review of the data shows the pandemic is more panic than plague.

    Time to wake up. Maybe it is time in the motto of V for Vendetta, to "Remember, remember the fifth of November, the gunpowder treason and plot." As that film's lead character well said: “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Only when an awake public asserts their human liberties to protest the loss of their liberties will, then, governments quit using public health crises to seize power that does not belong to them. The answer to 1984 is still 1776.


    Links and article here:

    http://ronpaulinstitute.org/archives...mental-rights/
    “The right to life is the source of all rights—and the right to property is their only implementation. Without property rights, no other rights are possible. Since man has to sustain his life by his own effort, the man who has no right to the product of his effort has no means to sustain his life. The man who produces while others dispose of his product, is a slave.”

    Read the RPF trolls' playbook here (post #3)



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  3. #2
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  4. #3



    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  5. #4
    Trump Justice Department Asks Congress for Indefinite Detention Powers To Fight Coronavirus

    The Justice Department is using the COVID-19 outbreak to press for sweeping new powers that include being able to detain Americans indefinitely without a trial, Politico reports.

    The department is asking Congress to allow the U.S. attorney general to ask courts to suspend court proceedings. These include "any statutes or rules of procedure otherwise affecting pre-arrest, post-arrest, pre-trial, trial, and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings," … In other words, the Justice Department would be able to postpone trials, hearings, and other procedural steps that follow arrest. …

    Those powers would apply "whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation … and would remain in place for "one year following the end of the national emergency."

    The docs show DOJ has asked Congress to let the attorney general ask chief judges to postpone any and all court proceedings during an emergency, which would include hearings after arresthttps://www.politico.com/news/2020/03/21/doj-coronavirus-emergency-powers-140023 …

    "The DOJ proposal is deeply troubling and would raise a whole host of constitutional concerns," says Scott Bullock, president and general counsel for the Institute for Justice ... "History demonstrates again and again that governments use a crisis to expand power and violate vital constitutional principles. And when the supposed emergency is over, the expanded powers often become permanent." …

    "If history is any indication, it's a near certainty that these powers will be abused and that DOJ will try to hide those abuses when they occur," …
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  6. #5
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  7. #6
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  8. #7
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  9. #8
    From MIT Technology Review (bold emphasis added):

    We’re not going back to normal

    Social distancing is here to stay for much more than a few weeks. It will upend our way of life, in some ways forever. … we will need to radically change almost everything we do … things won’t go back to normal after a few weeks, or even a few months. Some things never will. …

    the pandemic needs to last, at a low level, until either enough people have had Covid-19 to leave most immune (assuming immunity lasts for years, which we don’t know) or there’s a vaccine. …

    Yesterday President Donald Trump, announcing new guidelines such as a 10-person limit on gatherings … But it won’t end there. As long as someone in the world has the virus, breakouts can and will keep recurring without stringent controls to contain them. … the researchers conclude, social distancing and school closures would need to be in force some two-thirds of the time—roughly two months on and one month off—until a vaccine is available, which will take at least 18 months (if it works at all). …

    This isn’t a temporary disruption. It’s the start of a completely different way of life. …

    We don’t know exactly what this new future looks like, of course. But one can imagine a world in which, to get on a flight, perhaps you’ll have to be signed up to a service that tracks your movements via your phone. The airline … would get an alert if you’d been close to known infected people or disease hot spots. There’d be similar requirements at the entrance to large venues, government buildings, or public transport hubs. There would be temperature scanners everywhere, and your workplace might demand you wear a monitor that tracks your temperature or other vital signs. Where nightclubs ask for proof of age, in future they might ask for proof of immunityan identity card or some kind of digital verification via your phone, showing you’ve already recovered from or been vaccinated against the latest virus strains. …

    The intrusive surveillance will be considered a small price to pay … All of us will have to adapt to a new way of living, working, and forging relationships. … this crisis will finally force countries—the US, in particular—to fix the yawning social inequities that make large swaths of their populations so intensely vulnerable.
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.



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  11. #9
    Quote Originally Posted by PAF View Post

    Time to wake up. Maybe it is time in the motto of V for Vendetta, to "Remember, remember the fifth of November, the gunpowder treason and plot." As that film's lead character well said: “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Only when an awake public asserts their human liberties to protest the loss of their liberties will, then, governments quit
    WAKE UP!!!

    There is no spoon.

  12. #10
    Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers

    Not only are the federal and state governments unraveling the constitutional fabric of the nation with lockdown mandates that are sending the economy into a tailspin and wreaking havoc with our liberties, but they are also rendering the citizenry fully dependent on the government for financial handouts, medical intervention, protection and sustenance. …

    the fall-out will be epic. … the Deep State—has been anticipating this moment for years, quietly assembling a wish list of lockdown powers that could be trotted out and approved at a moment’s notice. …

    the Trump Administration has asked Congress to allow it to suspend parts of the Constitution whenever it deems it necessary during this coronavirus pandemic and “other” emergencies. … the Department of Justice (DOJ) has been quietly trotting out and testing a long laundry list of terrifying powers that override the Constitution.

    We’re talking about lockdown powers (at both the federal and state level): the ability to suspend the Constitution, indefinitely detain American citizens, bypass the courts, quarantine whole communities or segments of the population, override the First Amendment by outlawing religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, “stop and seize any plane, train or automobile to stymie the spread of contagious disease,” reshape financial markets, create a digital currency (and thus further restrict the use of cash), determine who should live or die

    Specifically, the DOJ wants to be able to indefinitely detain American citizens without trial. The DOJ also wants to be able to pause court proceedings and suspend the statute of limitations on criminal and civil cases. … including habeas corpus. … Without habeas corpus, the significance of all other rights crumbles. …

    the Framers of the Constitution … knew from personal experience what it was like to be labeled enemy combatants, imprisoned indefinitely and not given the opportunity to appear before a neutral judge. … such arbitrary imprisonment is “in all ages, the favorite and most formidable instrument of tyranny…

    The DOJ’s latest request to Congress is merely a signal that the police state is ready to step out of the shadows, with the current national emergency being a convenient cover …

    For seven decades we have been yielding our most basic liberties to a secretive, unaccountable emergency state – a vast but increasingly misdirected complex of national security institutions, reflexes, and beliefs that so define our present world that we forget that there was ever a different America. ... Life, liberty, and the pursuit of happiness have given way to permanent crisis management: …

    This rise of an “emergency state” that justifies all manner of government tyranny in the so-called name of national security is all happening according to schedule. …

    Mind you, that national emergency can take any form, can be manipulated for any purpose and can be used to justify any end goal—all on the say so of the president. …

    The US military has reportedly already been given standby orders under COG for this present coronavirus pandemic. …

    Remember, these powers do not expire at the end of a president’s term. They remain on the books, just waiting to be used or abused by the next political demagogue. …

    All of the imperial powers amassed by Barack Obama and George W. Bush and now Trump—to kill American citizens without due process, to detain suspects (including American citizens) indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to wage wars without congressional authorization, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to establish a standing army on American soil, to operate a shadow government, to declare national emergencies for any manipulated reason, and to act as a dictator and a tyrant, above the law and beyond any real accountability—have become a permanent part of the president’s toolbox of terror.

    These presidential powers—acquired through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements and which can be activated by any sitting president—enable past, president and future presidents to operate above the law and beyond the reach of the Constitution. …

    The emergency state is now out in the open for all to see. Unfortunately, “we the people” refuse to see what’s before us. Most Americans, fearful and easily controlled, would sooner rouse themselves to fight for that last roll of toilet paper than they would their own freedoms. This is how freedom dies. …
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  13. #11
    From AE -OBEY (Its for your own good you selfish serf):
    "rounding up “infected persons,” “possibly infected persons,” and “disruptive” and “uncooperative persons,” and quarantining us in, like, “camps,” or wherever. All this state of emergency stuff, the suspension of our civil rights, the manipulation of facts and figures, the muzzling of dissent, the illegal surveillance, governments legislating by decree, the soldiers, the quarantines, and all the rest of it … all these measures are temporary, and are being taken for our own good, and purely out of an “abundance of caution.”"
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  14. #12
    "The World You Lived In No Longer Exists" - Mike Krieger Exposes The 'Massive Power Grab'

    It didn’t take long for the most opportunistic, nefarious and corrupt actors in the U.S. to turn a pandemic crisis into another massive power grab attempt. …

    There are many examples, but let me list a few:
    – The EARN IT bill, by which senators are attempting to destroy widespread public use of encryption, i.e. private communications. (EFF)
    – The White House and the CDC are asking Facebook, Google and other tech giants to give them greater access to Americans’ smartphone location data. (CNBC)
    – The Justice Department has quietly asked Congress for the ability to ask chief judges to detain people indefinitely without trial during emergencies. (Politico)
    – U.S. Senators are attempting to use the crisis as an opportunity to pull off a gigantic corporate coup. (Matt Stoller, BIG)
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  15. #13
    Trump DOJ Asks Congress For "Indefinite Detention Powers" During Any Emergency Situation

    The Justice Department is using the outbreak of the coronavirus to expand their power. They have reportedly asked Congress for the power to detain Americans indefinitely without a trial in order to fight the outbreak …

    The government is rapidly moving to destroy human rights and the basic fundamental freedoms … They are asking Congress to allow the U.S. attorney general to ask courts to suspend court proceedings. These include “any statutes or rules of procedure otherwise affecting pre-arrest, post-arrest, pre-trial, trial, and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings,” reports Betsy Woodruff Swan, citing DOJ documents presented to Congress.

    The Justice Department would be able to postpone trials, hearings, and other procedural steps that follow an arrest. … Those powers would apply “whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation,” … and would remain in place for “one year following the end of the national emergency.” –Reason

    The docs show DOJ has asked Congress to let the attorney general ask chief judges to postpone any and all court proceedings during an emergency, which would include hearings after arrest https://www.politico.com/news/2020/03/21/doj-coronavirus-emergency-powers-140023 … ... The solutions by governments to this outbreak have already shown to be direr than the actual virus. …

    “The DOJ proposal is deeply troubling and would raise a whole host of constitutional concerns,” says Scott Bullock, president and general counsel for the Institute for Justice, a libertarian law firm. … “History demonstrates again and again that governments use a crisis to expand power and violate vital constitutional principles. And when the supposed emergency is over, the expanded powers often become permanent.”

    “If history is any indication, it’s a near certainty that these powers will be abused and that DOJ will try to hide those abuses when they occur,” says Clark Neily, the vice president for criminal justice at the Cato Institute. “This is simply not an agency that has earned the kind of trust implied by these requests for increased authority and discretion.”

    It’s also unclear how allowing indefinite detention would help fight the coronavirus outbreak. It seems more likely that the DOJ is learning from members of Congress and the president that the crisis provides a convenient excuse to ask for things it already wanted in the first place. –Reason

    Last edited by AZJoe; 03-26-2020 at 07:42 PM.
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  16. #14
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.

  17. #15
    A Death Sentence, For Your Own Protection

    Governments worldwide are censoring information about Coronavirus, obstructing testing, slowing cures, falsely imprisoning millions, destroying trillions of dollars of wealth, and killing untold thousands with dictatorial measures.

    governors throughout America have issued orders (without resort to any statutes or legislation) shuttering thousands of businesses and terminating tens of millions of workers. Some 70 million Americans are now imprisoned in their residences, needing government permission even to walk to a park. The U.S. Justice Department is calling openly calling for indefinite detentions and a suspension of habeas corpus.

    The United States is under the strictest level of martial law in history. All borders are sealed. Tanks and armored personnel carriers now roll through the streets of New York City, San Diego and other cities. …

    The sheer folly and carnage of government overreaction to this threat will go down as unparalleled in American history. Social science has established few correlations stronger than those linking high unemployment rates with higher rates of suicide, homicide, overdoses, alcoholism, and mental illness. Studies have found that every 1 percent increase in unemployment likely increases violent crime by 14.3 per 100,000 residents, increases property crime by 1.8 percent and increases opioid death rates by 3.6 percent. A 2015 study found that the unemployment associated with the economic crises of 2008 likely contributed to some 5,000 excess suicides in the following years. …

    Yet now, in 2020, the world’s governments are mandating astronomical unemployment and social isolation … These government responses to COVID-19 will almost certainly kill far more people than the dreaded disease itself.

    in January, officials at the FDA and CDC stymied private and academic development of diagnostic tests while pushing defective government tests. The U.S. government stopped Seattle’s Dr. Helen Chu from testing for coronavirus because Chu’s lab “was not certified as a clinical laboratory under regulations established by the Centers for Medicare & Medicaid Services.”

    Hundreds of Americans will likely die as a direct result of the CDC and FDA decrees … not until March 17 that the FDA first gave emergency approval to any private company to distribute nongovernment COVID-19 tests to hospitals. (The agency still prohibits distribution to private individuals.)

    “Health officials” have always sought to monopolize testing within government (and government-certified hospital) ranks. And these impulses have caused the deaths of untold thousands. (AIDS and HIV ravaged the U.S. for three decades before the U.S. government finally permitted—in 2012—a private, at-home HIV test. …

    The U.S. government has also banned production of non-approved protective masks until manufacturers submit detailed applications to the CDC … Meanwhile government inspectors are grounded from travel to inspect the manufacturing facilities. … The U.S. government … (1) enforced regulations which stalled and obstructed all efforts by private, local or academic medical experts to test or report on the virus, and then (2) overreacted to public concerns by implementing Orwellian measures to illustrate the government’s supposed control.

    Today, Americans are being told they may not gather in groups larger than ten. Many large families are, in fact, in violation of such decrees. Chicago’s mayor has ordered citations and arrests for those who go outside for exercise. On March 26, L.A. Mayor Eric Garcetti announced that “nonessential” businesses which defy shutdown orders would have their water and utilities shut off. …

    virtually every school, university, library, food court, gym and civic center has been closed by government decree (not laws, codes, or statutes, … they have shuttered every available national park and almost every campground.

    As always, those within government, and prominent pro-government celebrities, are getting preferential treatment for testing and treatment. And while governments are locking down millions of inhabitants, demanding government permission documents for all travel, and banning gatherings of more than a few people, these bans do not apply to government itself. Cops and National Guard units now march through the streets by the score. …
    "Let it not be said that we did nothing." - Dr. Ron Paul. "Stand up for what you believe in, even if you are standing alone." - Sophie Magdalena Scholl
    "War is the health of the State." - Randolph Bourne "Freedom is the answer. ... Now, what's the question?" - Ernie Hancock.



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