Brawl not a debate.: Biden/Wallace 1 Trump 0

Last night was a disappointment. Chris Wallace was the Judas as expected. A total setup. Trump did himself no favors by not letting Biden hang himself with nonsensical answers, instead cut him off.

The only thing I can say is having to look at this senile old coot for four years, who looks old old old would be about as bad as it could get. If we thought the Obama years were tough……..

Apparently Spanish voters enjoy a brawl.


But of course the surprise conclusion:

Thats it folks. What are your thoughts?

BIden exploits loophole in IRS code to dodge $500K in taxes


The Biden’s have been strangely silent on Trump’s tax returns. Let us hope Trump will use this as a response to what will surely arise tonight in the debate. After all is there any doubt this was a setup for this item to hit the news a couple of days prior to the debate?

I really have come to hate politics and the absurdity of it. No focus or reporting on that which effects our lives and will in the future depending who wins the next election.Maybe lunch bucket Joe could have Hunter shed some light on his tax filings. Bet no one will be interested in leaking that one. So let’s have a go at this one:


Yes you do Joe

Since the left is now in histrionics over President Trump’s perfectly legal use of the US tax code to avoid paying taxes for 10 out of the last 15 years, perhaps they’ll give as much attention to Joe Biden – who used another perfectly legal tax ‘loophole’ to avoid approximately $500,000 in payroll taxes on $15 million in income.

“The Bidens have used their home state’s financial privacy laws to shield his income from public view, by setting up two tax- and transparency-avoidance vehicles known as S corporations,” wrote Grimm. “He and his wife Jill Biden called them CelticCapri Corp. and Giacoppa Corp., respectively, and, according to the Wall Street Journal, have reported more than $13 million in profits the previous two years that weren’t subject to specific disclosure or self-employment taxes.

As CNBC has described, money Biden made from book deals and speeches flowed into the S corporations and was then remitted to Biden and his wife as ‘distributions’ rather than salary. When money is funneled through an S corporation, the recipient doesn’t owe Social Security or Medicare taxes on it, nor can the source of revenue be traced. (In addition to the distributions, the Bidens drew relatively small salaries from the S Corporations: under half a million dollars, for which they owed self-employment taxes.)”

More at Zero Hedge

Just for the record:

Other than that, all is well in the swamp.

Joe Biden charges Secret Service thousands for protecting him


Lunch box Joe Biden charges the agency with protecting him and his family for use of a rental cottage adjacent to the waterfront home he owns in a Wilmington, Del., suburb.

Just a reminder of the hypocrites we have in the media. With the kerfuffle over Trump’s tax returns here is a flashback to a post back in 2012.

The U.S. Secret Service does more than protect Vice President Joseph R. Biden Jr. — the agency also pays him rent.

“He should be afforded every single protection available to him and his family, as should every vice president and president,” said Leslie Paige, spokeswoman for the Washington-based Citizens Against Government Waste.

“But this arrangement seems bizarre to me,” she added. “You’d think the vice president, who shepherded the deficit committee, would think twice about charging the Secret Service rent. Why would he need the money? I don’t get it.”


Biden cottage

Mr. Biden,was listed not as vice president in federal purchasing documents but as a “vendor,” is eligible for up to $66,000 by the time the government contract expires in the fall of 2013, the records show. H/T: Washington Times

Then in February in 2020 we have an update to the story:

If you browse the database of federal spending, available at, you’ll find lots of Lockheed Martins, lots of Amazons, and thousands of small businesses among the federal vendors. You’ll also find two entries for Joseph R. Biden, Jr., the former vice president and former Democratic front-runner.

Biden received two federal contracts from the Department of Homeland Security for the “lease/rental of other federal buildings.” The contracts cover April 1, 2011 to Sept. 30, 2017, and they add up to $171,600. This was the $2,200 per month the Secret Service paid to rent a cottage on the Bidens’ Wilmington, Delaware, property so that agents could be there on-site to protect the vice president.

The Secret Service is, presumably, a much easier tenant with no risk of nonpayment, and it even paid five, six, 12 months in advance, according to federal records.

Washington Examiner

Sunday Respite – Prayer


“Prayer.” is my selection once again. It seems a fitting choice as our Republic convulses in disagreements. May good triumph over evil. I am including the tape of the yesterday’s Prayer March 2020 with Franklin Graham.

Artist Montserrat Caballé;Montserrat Martí


Heavenly Father, I pray according to 1 Timothy 2:1-3 which says, “I exhort therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks, be made for all men; For kings, and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty. For this is good and acceptable in the sight of God our Savior.” Amen.

Heavenly Father, I pray, in the Name of the Lord Jesus, for our president, the vice president, all the Cabinet and the chief justice and associate justices of the Supreme Court to receive the wisdom of God, to act in obedience to that wisdom and for the power of God to flow in their lives. Amen.

Heavenly Father, I pray for the members of the Senate and the House of Representatives to find Your peace and direction, and for these men and women to act and lead according to Your Word. A house divided against itself cannot stand, therefore, I pray for them to be unified in righteousness for the sake of the nation. Amen.

Prayer March 2020 with Franklin Graham

Watch Franklin Graham lead believers from all 50 states in praying for our divided nation during a Prayer March through Washington, D.C. Hosts Cissie Graham Lynch and Mike Huckabee provide updates and prayer focuses.



Best wishes for a wonderful day with much peace.

Saturday’s Passel of Potpourri


Let’s see what mischief our fellow earthlings have gotten themselves into this week. It’s Saturday and time for a break and maybe a smile or two.

Animals and driving problems and general mayhem. Karl and Karen are back at it with their usual missteps.

For politics page down and/or check top posts at the right side of the page.

Page may take a few seconds to load. Check for Sound!

For politics, page down and/or check out top posts on right side of the page.

















For Adrienne!




That’s it folks… have a great day.

Posted in Fun. Tags: . 17 Comments »

LPD Homicide found a body in Breonna Taylor’s car – read the police report

Why has the media ignored this police report detailing why Breonna Taylor was a focus in the investigation? This is why. We are all being played.

This never before released complete investigation from the LPD includes surveillance images and recorded phone calls between Jamarcus Glover, Breonna Taylor and others on the warrants and shows just how involved Taylor was in Glover’s drug enterprise and why the police were at her house the night of her death. Read more

12/03/16: LMPD Homicide find a body in Breonna Taylor’s car. Part of the front page used in the investigation appearing in the paper.

The front page of an undated report prepared by Louisville Metro Police as part of its investigation of accused drug dealer Jamarcus Glover, Breonna Taylor's boyfriend.

The Louisville Courier Journal which is part of USA Today has the expose of the Taylor case which includes jail house recordings. It is a lengthy post and do read it as it contains much of the police reports that I have linked to below. It does not include  the homicide police report that I have a link to. However, the paper has the above clip.

Sam Aguiar, an attorney for Taylor’s family, said Taylor had dated Glover, one of the police’s main suspects, two years earlier and that they maintained a “passive friendship.”

However, records and recorded jail calls show that Glover and Taylor were in more recent contact, though Glover said in a March 13 call that he didn’t have “nothing going on with Bre no more.”

According to the affidavit detective Jaynes wrote for the search warrant, Glover used Taylor’s apartment as his home address.

Taylor’s address was listed in the warrant, records show, based on police’s belief that one of the narcotics investigation’s main suspects, Jamarcus Glover, used her home to receive mail, keep drugs or stash money earned from the sale of drugs.

A detective wrote in an affidavit summarizing the investigation that led to the warrant that Glover walked into Taylor’s apartment one January afternoon and left with a “suspected USPS package in his right hand,” then got into his car and drove to a “known drug house” on Muhammad Ali Boulevard.

Jaynes verified through a U.S. postal inspector, according to the affidavit, that Glover had been receiving packages at Taylor’s address.

Report details why Louisville police decided to forcibly search Breonna Taylor’s home

…But the 39-page report and corroborating evidence do show that Taylor had more extensive ties than previously made public with an accused drug trafficker who was at the center of a larger narcotics investigation in Louisville.

The findings of the report, corroborated by jail phone recordings and other documents obtained by The Courier Journal, detail multiple links between Taylor and Jamarcus Glover of Louisville, a main target in a drug probe that prompted police to request the search warrant for Taylor’s apartment.

Plainclothes officers that night battered in her door, searching for drugs and illicit cash. None were found.

Glover was arrested the same night as Taylor’s shooting. He was picked up at an alleged drug house 10 miles to the north in Louisville’s West End. He was released on bail but is now a fugitive after failing to post a new bail set at $50,000 when he was charged again last month.

The evidence it details includes the results of a tracking device placed on Glover’s Dodge Charger that shows it was driven to Taylor’s apartment six times in January.

The report includes photographs of Glover entering and exiting Taylor’s building. In the application for the search warrant of Taylor’s apartment, police said they suspected drugs and money were being held at the residence.

Glover made a call from jail about 12 hours after he was arrested March 13 at 2424 Elliott Ave. — the same day Taylor was shot and killed by police executing a search warrant at her apartment signed by Jefferson Circuit Judge Mary Shaw.

In that recorded March 13 call, Glover, 30, told a girlfriend that Taylor was holding $8,000 for him and that she had been “handling all my money.” No money was found at her residence during the police search.

Aguiar has said previously that Glover and Taylor had dated until about two years earlier and that they maintained a “passive” friendship.

But the recordings and other evidence reviewed by The Courier Journal show Taylor and Glover maintained closer ties.

On Jan. 3, for example, following Glover’s arrest on trafficking and weapons charges, he called Taylor from the jail and asked her to contact one of his co-defendants to get bail money.

Taylor responded that the associate was “already at the trap” — slang for a house used for drug trafficking.

Glover told her to be on standby to pick him up if he made bail. “I’m going to get me some rest in your bed,” he said, according to the recording.

“Love you,” he said, at the end of the call.

“Love you, too,” she replied.

At a Tuesday afternoon press conference, interim LMPD Chief Robert Schroeder chastised the release of the internal report.

“We want to protect the integrity of all of our investigations,” Schroeder said. “This kind of leak and this kind of reporting is simply not helpful to the process. It seems irrelevant to the goal of getting justice, peace and healing for our community.”

Jamarcus Glover claims Breonna Taylor held his money

The Courier Journal has corroborated that on Dec. 30, 2019, five days before her recorded jail conversation with Glover, Taylor posted a $2,500 bond for another man charged in the same case, 34-year-old Darreal Forest.

His attorney, Casey McCall, did not immediately respond to a question about how his client knew Taylor.

Glover, Forest and three other men were charged with trafficking and weapons offenses after police received a tip from a confidential informant that they were hiding drugs and firearms in abandoned homes adjacent to the “trap house” they allegedly operated at the Elliott Avenue address.

Police seized five handguns and three rifles, according to evidence filed in the case.

The jail recordings The Courier Journal reviewed show that on March 13, Glover, while trying to round up cash to make bail on a new set of trafficking charges, called a girlfriend and told her Taylor had his money.

“She had the eight grand I gave her the other day, and she picked up another six,” Glover said.

“Did she tell you where it was?” the caller asked him.

“She didn’t have the chance to tell me nothing,” he replied. “She dead.”

When the caller asked Glover why he had left the money with Taylor, he said: “Don’t take it wrong but Bre been handling all my money. She has been handling (expletive) for me and … it ain’t just me.”.

Jones, Glover and Bowman, along with three other defendants — Rayshawn Lee, 33; Anthony J. Taylor II, 31; and Adrian Walker, 28 — are charged with complicity in trafficking in a controlled substance and running an organized crime syndicate.

They have all pleaded not guilty.

Police surveil Jamarcus Glover and Breonna Taylor

Court records show that Taylor posted bond twice for Glover in 2017, as mentioned in the police report, though it is not unusual for a girlfriend, spouse, friend or parent to post bond for a loved one.

The police report says Glover called Taylor’s phone from the jail 27 times from January 2016 to January 2020, including the Jan. 3 call in which he asked her to contact Adrian Walker — no relation to Kenneth Walker — to round up bail money for him.

The report also says that on Feb. 13 — a month before Taylor’s death — detectives watched through a pole camera mounted outside the Elliot Avenue house as Taylor and Glover drove up to the house in her black Dodge Charger.

Glover got out and went inside. He came out after a few minutes and they drove off, the report says.

Police previously disclosed in their application to search Taylor’s apartment that another vehicle registered to Taylor, a white 2016 Chevrolet Impala, was seen parked in front of the Elliott Avenue house several times.

… At the end of the day, if I would have been at that house Bre would be alive, bruh. … I don’t shoot at no police.”

Read the whole thing below:

Read the 41 page police report. Click on right side of the first page for the complete report. Source Tatum Report:

Police 41 page report here:  (Click on right side of first page for full report.)

More of the story here, wander over:

It’s Time For The Liberal Media To Tell The Truth About Breonna Taylor’s Death?

It may be too late for the media to get the facts right about Breonna Taylor’s death. At least too late to stop the riots currently being carried out in her name. So much of the death and destruction over recent months could have been avoided if the liberal media simply told the truth when it comes to police shootings of Black suspects.

The drive-by media, as Rush Limbaugh calls it, shows up on the scene and breathlessly announces that police officers have shot and killed another unarmed black person; this time a young nurse who was sound asleep in her apartment in Louisville, Kentucky.

The few “facts” the media provides about the shooting turn out to be wrong, and all the context and factors leading up to Taylor’s death are never mentioned by the mainstream media. And if the big tech companies get their way, the facts of these cases would never come out –

It is difficult to understand why most of this has not been picked up by anyone as I write this. It is almost like that they want the riots to continue doesn’t it?

Other than that all is swell in the swamp.

Save America or Bury Her?


Truth and Reality vs. Falsity and Deception

by Mustang

If you are reading this, and you’re above the age of seven years, then you ought to know the difference between telling the truth and telling a lie. I’ll add that if you’re above the age of seven, you also know the difference between reality and fantasy.  You should also know that it doesn’t require the entire body of philosophy to know or understand these differences.

One caveat: if you happen to be an adult, you are dishonest, manipulative, and/or never let facts get in your way, then depending on the number of years you’ve been lying to yourself; it may be possible that you do not know these differences.

Andy Kroll is one of those people.  He is so ideologically driven, so dishonest, so under-educated, so intellectually shallow, that he may not know fact from fiction, truth from deception, or reality from fantasy.  These observations come from Kroll’s own writing, somewhat recently in an article in Rolling Stone that he laughingly called, “The Plot Against America.”

Now I will add that either my suppositions about Kroll are true, or it is only an act he performs to further his somewhat lagging career as a writer.  Personally, I would not want to include Mother Jones and Huffington Post on my resumé —but that’s just me.

Let’s take a look at Kroll’s plot, shall we?

The sub-head in the article includes “Blocking ballots, intimidating voters, spreading misinformation—undermining democracy is at the heart of Trump’s 2020 campaign.”  In his first paragraph, Kroll writes, “When the conversation turned to the 2020 election, Trump singled out what he called the “biggest risk” to his bid for a second term.  It was not the mounting death toll from COVID-19 or further economic damage inflicted by the pandemic, or anything else a reality-dwelling president might fret about.”

At this point, very early in the article, one wonders what mounting death toll?  Has it been in the millions, as predicted by presidential hopeful (for the fourth time) Joe Biden?  What pandemic?  Fewer people have died from COVID-19 than in automobile accidents in the same period.

At what point did the US economy tip into Great Depression territory?  Finally, when comparing Trump’s performance as president to all other world leaders vis-à-vis the COVID-19 episode, by what measure has Kroll made his comparison?

According to Gallup, at no time since assuming the office of President has any Democrat scored Trump’s job approval rating above 14%, so aside from the remarkable consistency, why is anyone shocked to hear that Democrats hate Trump’s guts?

Conversely, also according to Gallup, at no time since assuming office has any Republican rated Trump’s job approval rating less than 80%.  This could indicate a peculiar party-bias, which again should shock no one because Trump was the favorite of voting Republicans in 2016.

Independent voters, on the other hand, consistently approve of Trump’s performance between 31-47%, which by any measure, isn’t bad considering the fact that “independent” includes people who lean moderate left and moderate right.

So, it would appear that Kroll’s number one complaint is Trump’s opposition to “mail-in balloting.”  In Kroll’s mind, or what there’s left of it, the integrity of our electoral system isn’t the issue —it’s rather helping people dying of Covid-19 vote on 3 November. He castigates Trump for filing lawsuits against states who champion mail-in voting.

Kroll, by the way, doesn’t think much about positive voter identification, either.  He must not think highly of voters in the late 1700s, either—all of whom had to positively identify who there were before being allowed to vote.

Kroll believes that Voter ID equates to vote suppression, and he may be right.  It suppresses illegal voting, plural voting, cross-district voting, and cross-state voting.  Kroll is allowed to have his opinion, of course, but his writing should reflect at least some understanding of our voting system.

Voter fraud is the theft of our birthright to have fair and free elections, to live in a country where our voice does matter, and to live in a country that is free from government corruption.  The integrity of our electoral system is but one concern to Americans who are legally allowed to vote.  No conservative-minded person objects to being asked for positive identification at the voting precinct; why should progressives object?  The answer, of course, is self-evident.

Kroll also expresses concern about voter intimidation.  He must have concluded the Obama Goons wearing Black Panther berets, standing outside Philadelphia voting precincts with tire irons and baseball bats were enthusiastic Republicans.

I suppose too that should the BLM/Anti-Fa brownshirts show up on 3 November, they’ll be classified as conservative pro-Trump’ers as well.  No one I know wants to see voter intimidation by anyone, so what is the genesis of his concern about voter intimidation?

Well, for one thing, Kroll is one of those people who want convicted felons (those who’ve lost their right to vote because of felony conviction (murder, rape, drug trafficking, assault, theft)) to vote for Biden/Harris, who are —by the way— beneficiaries of Michael Bloomberg’s/George Soros’ plan to raising funds to pay the fines of convicts so that they’ll be entitled to vote Democrat.

According to the Washington Post (9/22/2020):

“Former New York mayor Mike Bloomberg and his team have raised more than $16 million to pay the court fines and fees of nearly 32,000 Black and Hispanic Florida voters with felony convictions, an effort aimed at boosting turnout for Democratic presidential candidate Joe Biden.

“The money will fund a program organized by the Florida Rights Restoration Coalition to pay the fines, fees and restitution costs for former prisoners who are already registered to vote in Florida but barred by law from participating in the election because of those outstanding debts.”

This makes as much sense as firing police and hiring pimps to advise the Seattle City Council.  It’s also a form of bribery, so I’m curious why the Federal Elections Commission isn’t raising holy hell about this.  Give the bum some whiskey and a carton of cigarettes, and he’ll vote Democrat for the next 200 years.

To emphasize his claim of voter intimidation by the RNC, Kroll cites a 1981 legal drama that has played out through 2017, the issue being a Consent Decree that both the RNC and DNC will act according to the laws of the United States vis-à-vis challenging voters at polling stations.  See also: USCA 3rd Dist. No. 09-4615, DNC, NJ DSC, Virginia L. Feggins; Lynette Monroe vs. RNC, NJ RSC, Alex Hurtado, Ronald C. Kaufman, John Kelly, and DC Civ Action No. 2-81-cv-03876.

Kroll’s citation is a nothing burger and used only to confuse the argument.  He made no mention of the Black Panthers, or DNC operatives rounding up homeless people and busing them to one of more voting precincts.

Trump or the RNC is not the person or agency we should be watching for evidence of voter fraud or intimidation.  The title of Kroll’s piece is a lie; he does not seek to save America —he wants to bury Her, not with a shovel, though, but by falsity and deception.

Kroll is a hack, which in a nation that allows others to express their opinion is not a problem, but from what I understand, with a readership averaging males between 18-34 years of age Rolling Stone (on line) averages over a million hits every day.  What damage is this hack doing the American Republic?

Mustang also blogs at Fix Bayonets and Thoughts From Afar

Soros operative Fiona Hill pushes more Russia Russia on CNN

Russia Scammer Fiona Hill Pushes More Russia BS on CNN — And Proves She’s a Pompous Dunce.

Fiona Hill, was the star witness for the Democrat Representative Adam Schiff’s impeachment show trial.  This State Department employee was BFF of the Steele dossier’s PSS, and is more Russian than most Russians.

Hill was on CNN today still pushing Russia, Russia, Russia.

Full story at Gateway Pundit

So goes the headline and story. But she is so much more than a dunce. She is one of Soros’s handmaidens who is out there to continue to damage Trump. Let’s do a flashback but first what she is up to. I see she is making the rounds so worth a look back.

CNN started the interview by claiming that the FBI and CIA both are reporting that Russia is attempting to interfere in the 2020 election and prevent Biden from winning.

The preface for you to keep on mind.

As we previously mentioned Roger Stone outed Fiona Hill in 2017 as a Deep State spy in the White House under then NSA Advisor General H. R. McMaster. The George Soros connected traitor was outed by Israeli spies.

Now the flashback:

Fiona Hill, a former top Russia analyst for the White House, said during her testimony  that conspiracy theories linked to billionaire philanthropist George Soros were anti-Semitic, likening them to “The Protocols of the Elders of Zion.”

The comments came after Rep. Raja Krishnamoorthi (D-Ill.) questioned her about conspiracy theories about Lt. Col. Alexander Vindman, a fellow impeachment inquiry witness who is of Ukrainian Jewish descent. The conspiracy theories have been promoted by Infowars’s Alex Jones and longtime Trump adviser Roger Stone, who was convicted by a federal court last week.

Media Matters (Soros) called Roger Stone’s outing of Fiona Hill as a Soros (OSI) operative a “SMEAR” (Stone was right)

Here’s proof Roger Stone was right–that Fiona Hill has been inside Soros’s Open Society Institute (OSI) (NY) since before Nov. 04, 2000 directorship filing for the INSTITUTE FOR WAR & PEACE, Co. No. 2744185.

Remarkably, she was hired to advise OSI while she was still completing her PhD at Harvard in History. Her PhD thesis chair was Richard Pipes, a notoriously biased Russian history professor who was a speaker at two Bilderberg conferences, was a member of the Council on Foreign Relations, and was a C.I.A. advisor to Daddy Bush.


Resume from the Brookings Institute link:

According to her resume Fiona Hill worked for the George Soros Open Society Institute from 2000-2006, just 13 years ago.

Institute for War and Peace Reporting

fiona 1

Fiona Hill. (Filed May 10, 2001). NEW DIRECTOR, Appointment of director or secretary, Form 288a, Advisory Board, Open Society Institute, signed Nov. 04, 2000, Institute for War and Peace Reporting (IWPR), Co. No. 2744185. Companies House (UK).


Other than that all is well in the swamp.

Biden-Ukraine Accusations Senate report includes leaked phone calls


We have been through the Hunter-Biden Ukraine story what seems like forever. However this one may have some legs. Included in the video below is the well played Biden displaying his machismo in firing a Ukrainian prosecutor but included are the phone calls. Worth the listen:

Senate Republicans are set to release their long-awaited report on Joe and Hunter Biden’s activities in Ukraine, and is expected to conclude that Hunter Biden’s lucrative seat the board of Ukrainian energy giant Burisma impacted Obama-era Ukraine policy, which was led by Joe Biden at the time, according to The Hill.

The Bidens have denied any wrongdoing, however depositions from former Ukrainian officials  who were directly involved, as well as leaked recordings between Joe Biden and former Ukrainian President Petro Proroshenko have painted a picture of textbook corruption. Notably, Ukrainian parliamentarian Andriy Derkach was sanctioned by the Treasury Department for “spreading disinformation to ‘undermine’ the former vice president” when he leaked several recordings of “voices similar to Poroshenko and Biden” discussing the quid-pro-quo, which Derkach says a journalist gave to him.

Bombshell Leaked Phone conversations – Biden, Kerry.


H/T: Zero Hedge

Does anyone care anymore? All is well in the swamp.

Ruth Bader Ginsberg and her lack of respect for our constitution

For those interested in a postscript to one of the most dangerous times of our Republic, Ruth Bader Ginsburg and the Obama administration were prepared to sell out America to world government. Her view of our constitution should be a warning of what the coming election could bring us. More Supremes of her persuasion, and a government that has lost its respect for our constitution. From an earlier post:

Recall Justice Ginsburg has fired the latest salvo in the ongoing debate about the Court’s use of foreign and international law sources in constitutional adjudication.   On Friday, she gave a speech to the International Academy of Comparative Law at American University, entitled “A decent respect to the Opinions of [Human]kind”: The Value of a Comparative Perspective in Constitutional Adjudication.  Not surprisingly given her earlier opinions, Justice Ginsburg comes out strongly in favor of the Court’s use of foreign and international law materials to interpret U.S. law, including the Constitution.

She begins with an historical defense:

From the birth of the United States as a nation, foreign and international law influenced legal reasoning and judicial decision making.  Founding fathers, most notably, Alexander Hamilton and John Adams, were familiar with leading international law treatises, the law merchant, and English constitutional law.  And they used that learning as advocates in legal contests . . . . The law of nations, Chief Justice Marshall famously said in 1815, is part of the law of our land.  Decisions of the courts of other countries, Marshall explained, show how the law of nations is understood elsewhere, and will be considered in determining the rule which is to prevail here.  Those decisions, he clarified, while not binding authority for U. S. courts, merit respectful attention for their potential persuasive value.

After quoting from Paquete Habana, Ginsburg turns her attention to the hostility to both foreign and international law on display in the U.S. Senate during Elena Kagan’s recent confirmation hearings (e.g., including the Senator who indicated he was “troubled” that Kagan “believes we can turn to foreign law to get good ideas”).  She contrasts these exchanges with The Federalist’s use of the law of nations and both positive and negative examples from abroad to defend the Constitution.

In terms of her own views, Justice Ginsberg did not mince words:

On judicial review for constitutionality, my own view is simply this:  If U.S. experience and decisions may be instructive to systems that have more recently instituted or invigorated judicial review for constitutionality, so too can we learn from others now engaged in measuring ordinary laws and executive actions against fundamental instruments of government and charters securing basic rights. . . . The U.S. judicial system will be the poorer, I have urged, if we do not both share our experience with, and learn from, legal systems with values and a commitment to democracy similar to our own.

And the rest of the speech continues in a similar vein, with Justice Ginsberg raising and then contesting the views of foreign/international law opponents (including Justice Scalia, Judge Richard Posner, and Professors Eric Posner and Adrian Vermeule) while citing a series of “examples” of recent cases where the Court reached a decision with the aid of foreign and international law sources (e.g., Atkins v. Virginia, Lawrence v. Texas, Boumediene v. Bush, Hamdan v. Rumsfeld, and, of course, Roper v. Simmons).

The most interesting part of the speech was Justice Ginsburg’s list of other sources besides foreign and international law that are appropriate for constitutional adjudication:

Judges in the United States, after all, are free to consult all manner of commentary — Restatements, Treatises, what law professors or even law students write copiously in law reviews, and, in the internet age, any number of legal blogs.  If we can consult those sources, why not the analysis of a question similar to the one we confront contained, for example, in an opinion of the Supreme Court of Canada, the Constitutional Court of South Africa, the German Constitutional Court, or the European Court of Human Rights?

Read more

For more see an earlier post as well:

Washington Examiner:

Justice Department attorneys are advancing an argument at the Supreme Court that could allow the government to invoke international treaties as a legal basis for policies such as gun control that conflict with the U.S. Constitution, according to Sen. Ted Cruz, R-Texas.

“If the administration is right, the treaty power could become a backdoor way for the federal government to do everything from abolishing the death penalty nationwide, to outlawing homeschooling, to dramatically curtailing the states’ rights to regulate abortion,” she told the Washington Examiner.

Their argument is that a law implementing an international treaty signed by the U.S. allows the federal government to prosecute a criminal case that would normally be handled by state or local authorities.

That is a dangerous argument, according to Cruz.

“The Constitution created a limited federal government with only specific enumerated powers,” Cruz told the Washington Examiner prior to giving a speech on the issue today at the Heritage Foundation.

“The Supreme Court should not interpret the treaty power in a manner that undermines this bedrock protection of individual liberty,” Cruz said.

In his speech, Cruz said the Justice Department is arguing “an absurd proposition” that “could be used as a backdoor way to undermine” Second Amendment rights, among other things.

Keep reading…

From an earlier post done in October, 2013

Ted Cruz: DOJ argues that International Treaties can trump Constitution

Other than that all is well in the swamp.

%d bloggers like this: