The Republican presidential contender identifies 11 state and federal judges, but no litigators. Marcia Coyle, The National Law Journal


Photo: andykatz/iStockphoto.com
Trump Names 11 SCOTUS Picks, Bypassing Big Law
http://www.nationallawjournal.com/id=1202757984757/Trump-Names-11-SCOTUS-Picks-Bypassing-Big-Law?mcode=0&curindex=0&curpage=ALL
The Republican presidential contender identifies 11 state and federal judges, but no litigators.
Marcia Coyle, The National Law Journal
May 18, 2016

Republican presidential candidate Donald Trump gestures while speaking to the press in New York City, after his five-state super Tuesday win. April 27 2016.
Republican presidential candidate Donald Trump gestures while speaking to the press in New York City, after his five-state super Tuesday win. April 27 2016.

Presumptive Republican Party presidential nominee Donald Trump’s list for potential U.S. Supreme Court nominees is heavy on federal appellate judges and former clerks for conservative justices and light on big names in politics and private practice.

Trump’s list of 11 potential nominees doesn’t include several conservative judges who have been on Supreme Court watch lists in the past, including U.S. Court of Appeals for the D.C. Circuit Judges Brett Kavanaugh and Janice Rogers Brown, Sixth Circuit Judge Jeffrey Sutton and Fifth Circuit Judge Priscilla Owen.

Trump’s list, released Wednesday, doesn’t include any nonjudges. Other names floated in the past as possible nominees for a future Republican president included former U.S. Solicitor General Paul Clement, now a partner at Bancroft, and Sen. Mike Lee, R-Utah.

Also not on the list: Trump’s sister, Third Circuit Judge Maryanne Trump Barry, although that was no surprise. Trump has praised his sister as “brilliant,” but said he wouldn’t consider nominating her to the Supreme Court because of the conflict of interest. He’s also said that the two share “different views.”

Related: Texas’ Most Prolific Judicial Tweeter Makes Trump’s Shortlist

Trump’s list drew praise and criticism depending on where the commentator sits on the political spectrum.

“The [Supreme] Court needs more justices who will base their decisions on the law, not politics, even under pressure, especially since the next president is likely to determine the direction of the court for a generation,” Carrie Severino, chief counsel and policy director of the conservative Judicial Crisis Network, said.

“It is also heartening to see so many Midwesterners and state court judges on the list—they would bring a valuable perspective to the bench, particularly since they have already served on a court of last resort in their own states,” she added.

Miranda Blue of People for the American Way noted: “It looks like Trump has, true to his promise, picked potential justices who would advance the conservative efforts to skew the federal courts far to the right.”

Senate Judiciary chairman Charles Grassley, R-Iowa, said in statement, “Mr. Trump has laid out an impressive list of highly qualified jurists, including Judge Colloton from Iowa, who understand and respect the fundamental principle that the role of the courts is limited and subject to the Constitution and the rule of law.”

So who made the list?

Steve Colloton
Judge Steven Colloton, 53, joined the Eighth Circuit in 2003. Colloton is a former clerk to the late Chief Justice William Rehnquist. He was appointed by President George W. Bush. He previously served with independent counsel Kenneth Starr.
Before joining the appellate court, Colloton was the U.S. attorney for the Southern District of Iowa.

Allison Eid
Colorado Supreme Court justice Allison Eid is a former Clarence Thomas clerk. She took her seat on the state high court in 2006, leaving her position on the faculty of the University of Colorado Law School, where she taught constitutional law, legislation, the law of politics, first-year torts and advanced torts.
Before teaching, she also practiced commercial and appellate litigation in the Denver office of Arnold & Porter.

Thomas Hardiman
Judge Thomas Hardiman, 50, who joined the Third Circuit in 2007 just 3 1/2 years after taking his seat as a district court judge for the Western District of Pennsylvania.
Hardiman’s ruling that a jail policy of strip searching all arrestees does not violate the Fourth Amendment was upheld by the Supreme Court in 2012. In 2013, he dissented from his court’s decision upholding under the Second Amendment New Jersey’s law requiring applicants for licenses to carry handguns in public to show “justifiable need.”
“Those who drafted and ratified the Second Amendment were undoubtedly aware that the right they were establishing carried a risk of misuse, and States have considerable latitude to regulate the exercise of the right in ways that will minimize that risk,” he wrote in Drake v. Filko. “But States may not seek to reduce the danger by curtailing the right itself.”

Related: Third Circuit Judge Among Trump’s Supreme Court Picks

And he also dissented in a 2013 decision holding that a public school violated the First Amendment by banning students from wearing bracelets inscribed with “I [love] boobies” sold by a breast cancer awareness group.

Raymond Gruender
Judge Raymond Gruender, 52, became U.S. attorney for the Eastern District of Missouri in 2001 and served in that position until his confirmation to the Eighth Circuit in 2004.
Gruender has written opinions holding that the Pregnancy Discrimination Act of 1978 did not give female employees the right to insurance coverage for contraceptives used solely to prevent pregnancy.
He dissented from a panel ruling that upheld an injunction striking down a South Dakota law requiring abortion providers to inform patients that an “abortion will terminate the life of a whole, separate, unique, living human being.” When the case was heard en banc, Gruender, writing for the full court, upheld the law as constitutional on its face.

Raymond Kethledge
Judge Raymond Kethledge, 49, sits on the Sixth Circuit and is a former clerk to Justice Anthony Kennedy. He joined the appellate court in 2008 after practicing law as a corporate attorney and former counsel to Ford Motor Co.

Joan Larsen
Trump’s list also names a number of state supreme court judges.
Joan Larsen was named to the Michigan Supreme Court by Gov. Rick Snyder in September 2015. Larsen is a former clerk to the late Justice Antonin Scalia. She worked in the George W. Bush Department of Justice in 2002-2003 and then joined the University of Michigan School of Law as an adjunct professor and special counsel to the dean.
When appointed to the state court, Larsen said she would be a “strict constructionist,” explaining, “I believe in enforcing the laws as written by the Legislature and signed by the governor. I don’t think judges are a policy-making branch of the government.”
In March, at a memorial for Scalia, Larsen recalled Scalia as a “fundamentally happy man” who would sing in his chambers and whistle in the corridors of the court. Larsen remembered one time when she made a mistake citing Webster’s Third New International Dictionary in a draft opinion.
Scalia, a critic of that tome, called her out. Larsen said she had used that edition because it was in the justice’s front office. Scalia said the dictionary had been put there as a “trap laid for the unwary.”

Thomas Lee
Trump also named a judge with a well-known pedigree in Washington legal circles. Thomas Rex Lee, son of former Solicitor General Rex Lee, joined the Utah Supreme Court in July 2010.
Lee is a former Clarence Thomas clerk who specialized in trademark litigation when in private practice. He served as deputy assistant attorney general in the Civil Division of the U.S. Justice Department from 2004 to 2005.
Lee has been called a pioneer in “corpus linguistics” to determine ordinary meaning and has applied that in an opinion. He also has argued in the U.S. Supreme Court, representing Utah in Utah v. Evans, a 2002 challenge by the state to the Census Bureau’s use of “hot-deck” imputation, a statistical method.

William Pryor
Judge William Pryor of Alabama joined the Eleventh Circuit in 2004 despite considerable controversy over his nomination. He was criticized by Senate Democrats in the 108th Congress who called him an extremist for such statements as referring to the Supreme Court as “nine octogenarian lawyers” and saying that Roe v. Wade was the “worst abomination in the history of constitutional law.”
President George W. Bush installed Pryor using a recess appointment to bypass the regular Senate confirmation process. He received Senate confirmation on May 23, 2005, after Sen. John McCain, R-Arizona, announced an agreement between seven Republican and seven Democratic U.S. senators, the so-called Gang of 14, to ensure an up-or-down vote on Pryor and other nominees.
On the bench, Pryor specially concurred in an unanimous panel decision enjoining the secretary of Health and Human Services from enforcing the contraception insurance mandate under the Affordable Care Act against Catholic television network EWTN. That case was one of the petitions pending in the high court until the justices ruling Monday in Zubik v. Burwell.
In 2009, Pryor led a unanimous panel upholding Georgia’s photo ID law as a voting requirement.

David Stras
Another former Clarence Thomas clerk on the list is Minnesota Supreme Court associate justice David Stras, 41. Stras joined that court in 2010. He taught at the University of Minnesota Law School for six years prior to his appointment.

Diane Sykes
Seventh Circuit Judge Diane Sykes, 58, of Wisconsin, is well-known in conservative circles and has been called by some liberal groups as the most conservative judge on Trump’s list. She is a former justice of the Wisconsin Supreme Court.

Her more recent opinions include supporting a voter ID law and expanding the ability of religious objectors to limit their employees’ access to contraceptive insurance coverage under the Affordable Care Act. She also wrote an opinion in 2011 holding that the Second Amendment prohibited Chicago’s ban on firing ranges
Sykes spoke about her clerk-hiring practices at a conference in Milwaukee in 2014. “I don’t want to be fighting with someone all year,” Sykes said about hiring a clerk whose views are different than hers. “I don’t only hire Federalist Society members” as clerks, she said, but there has to be “some general philosophical fit.”

Don Willett
Another state supreme court justice is well-known to the Twitter community and someone who has actually criticized Donald Trump. Texas Supreme Court Justice Don Willett, 49, worked on the Bush-Cheney presidential campaign and transition team. In the White House, Willett served as special assistant to the president and director of law and policy for the White House Office of Faith-Based and Community Initiatives.
In 2003, Willett returned to Texas to become state deputy attorney general for legal counsel in the office of newly elected Texas Attorney General Greg Abbott, where he served until he was appointed to the state high civil court in 2005.
Circuit judges’ financial disclosure forms

We’ve compiled below some of the recent financial disclosure forms of judges on Trump’s shortlist:

Steven Colloton of Iowa: 2014 and 2015
Raymond Gruender of Missouri: 2014 and 2015
Thomas Hardiman of Pennsylvania: 2014 and 2015
Raymond Kethledge of Michigan: 2014 and 2015
William Pryor of Alabama: 2014 and 2015
Diane Sykes of Wisconsin: 2014 and 2015
Zoe Tillman contributed to this report.

Atlanta Attorneys Are On a Roll For Disciplinary Action, Bout Time Some Get Caught Up in Their Crimes!

Two Lawyers Hit With Default Judgment in Suits by Clients

Greg Land, Daily Report

Robert Thompson JR Vert 201412121516
Atlanta Attorney Robert Thompson Jr.
John Disney/Staff

Two Georgia attorneys—both under suspension by the State Bar of Georgia—have defaulted on a 2013 suit filed by a Douglas County couple who say they paid the lawyers thousands of dollars to forestall foreclosure proceedings only to lose their home when neither lawyer performed any services.

One of the defendants is attorney Robert Thompson Jr., who was suspended earlier this year after failing to respond to an ongoing investigation by the bar’s disciplinary committee. Thompson also was arrested in February and charged with misappropriating $37,440 of a client’s funds; his then-attorney told the Daily Report he had paid back more than $30,000 of the money.

A criminal charge of theft by conversion is pending against Thompson in Fulton County Superior Court. The phone number for his firm, the Thompson Law Group, has been disconnected.

The other attorney, Rodd Walton, has no disciplinary record with the bar but is under suspension for nonpayment of dues. Walton was arrested in 2009 when he attempted to enter the Cobb County Courthouse with a loaded handgun on the day he was to attend a hearing concerning a motion for reconsideration after being ordered to pay a former client $43,000 in restitution and attorney fees.

When his 2009 arrest was reported in this newspaper, a website for Walton’s Legacy Law Group said he was a former deputy counsel for Glock Inc., the maker of the gun he was carrying when he was arrested. On Thursday there was no immediate response to a message left on Legacy’s phone system, and no email is listed for Walton with the bar.

In the Fulton County suit, Michael and Cindy Bentley’s pro se complaint said they fell behind on their mortgage and in October 2011 paid Walton $3,000 to fight foreclosure proceedings. Walton “did absolutely nothing” on their behalf, it said, and when they requested information on their case he demanded another $3,500.

The Bentleys refused and demanded their $3,000 back. Walton first agreed, then told them he would refund nothing, it said.

In March 2012, they retained Thompson for $5,750. He “did nothing for a full year,” then demanded $500 to file a complaint. Thompson filed the complaint but failed to respond to the mortgage bank’s motion to dismiss or to inform the Bentleys that it had been filed, according to their complaint.

The bank’s motion went unanswered, and the court granted it by default. The Bentleys’ house was foreclosed.

Neither lawyer responded to the Bentleys’ suit, and they too moved for a default judgment. According to an order entered Thursday by State Court Judge Patsy Porter, Thompson appeared at an Oct. 15 hearing on the default motion and said that he had filed an answer with the clerk but that it had not been uploaded to the court’s e-filing system.

Porter instructed Thompson to upload a copy of his answer, but he failed to do so, she wrote.

ENENews: “Fukushima fallout…Nearly triple the highest level reported anywhere on West Coast”

With TEPCO having finally given up fighting the onslaught of radiation pouring into the Pacific Ocean, and considering the breeder reactors were creating weapons grade plutonium, it ain’t over, and may never be over.  Our govt. don’t care enough to be honest with us.  Down the road, several years from now, when all of us, lying there dying from cancer, think back on it, we will put two and two together.  Some of us will anyway, and will know that the horrible death we are being put through, was the Japanese’s way of payback for nuking them!

Fukushima fallout on vegetation in South Florida exceeded gov’t notification limit by over 1,000% — Nearly triple the highest level reported anywhere on West Coast

Published: November 27th, 2014 at 8:39 am ET
By ENENews
http://enenews.com/radioactive-vegetation-south-florida-1000-above-nrc-reporting-level-due-fukushima-fallout

Florida Power & Light Company, St. Lucie Nuclear Power Plant Units 1 & 2 (St. Lucie, FL) — 2011 Annual Radiological Environmental Operating Report, submitted to U. S. Nuclear Regulatory Commission:

BROADLEAF VEGETATION: Brazilian Pepper from location H59 — 10-20 miles S/SSE of reactors on south end of Hutchinson Island, [30 miles north of Palm Beach]

Iodine-131 on 22-Mar: 1,220 pCi/kg (wet weight)
Iodine-131 on 29-Mar: 605 pCi/kg
Iodine-131 on 06-Apr: 242 pCi/kg
Iodine-131 on 13-Apr: 136 pCi/kg
Iodine-131 on 20-Apr: 79 pCi/kg
Iodine-131 on 26-Apr: 45 pCi/kg
Iodine-131 on 03-May: 21 pCi/kg
Iodine-131 is “attributed to the Fukushima Nuclear Power Plants event. Elevated levels of radioiodine were measured through-out the U.S.”
NRC Reporting Level for Vegetation = 100 pCi/kg (wet weight)
H 59 J

NRC Reporting Level: “The concentration value in an environmental sample, if exceeded, which must be reported to the NRC.”
Veg CA

The highest I-131 level reported in vegetation from the West Coast is 462 pCi/kg in Central California. The March 22 South Florida sample is nearly triple that amount.

See also: Emergency radiation testing used at Democrat and Republican conventions after Fukushima; Also for Obama Inauguration — Seafood, meat, vegetables, milk, water checked for nuclear waste, while top officials agree to publicly downplay crisis — 80% of milk samples by Orlando, FL had ‘significant’ Cs-137

Published: November 27th, 2014 at 8:39 am ET
By ENENews
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OCCUPY.COM Expose Courts Blocking the Public From Sitting In On Trials In Georgia Courts, What Better Way to Show How Corrupt The Courts Are?

OCCUPY.COM EXPOSES GEORGIA’S COURTS DENYING THE PUBLIC ACCESS TO COURT PROCEEDINGS!

I am quite pleased that someone took notice. The Judges in Georgia are akin to little despots. No doubt, a Judge is God in their Courtroom, but they don’t have the right to Deny the public access, so that they can violate one’s Civil and Constitutional Rights while they sneakily do it.

accused flanked by attorneys at sentencing court

EXPOSED: GEORGIA’S COURTS ARE BREAKING THE LAW BY DENYING PUBLIC ACCESS
TUE, 9/24/2013 – BY TANYA GLOVER

Courtrooms aren’t just a place where justice is served and legal decisions are made. They are also a place for the public to go and see how the justice system works: people enjoy viewing trials and hearings, even if they have no personal stake in them. Viewing public trials is the public’s legal right.

However, revelations by a judicial oversight commission in Georgia show that numerous judges in the state, including some in Atlanta, are violating the law by denying public access to courtrooms in cases ranging from bail hearings to standard trials.

There are some cases in which closing courtrooms to the public is legal, and the circumstances for this are carefully outlined in official Georgia State documents that make the points for legality clear. But according to a recent report in The Atlanta Journal-Constitution, investigations by the state’s judicial oversight commission found the practice of sealing off courtroom access widespread across Georgia — and in most cases, illegally.

Instead of typical open courts, there are now signs posted on courtroom doors stating access is denied to either the general public or specific groups of people, including kids. Bailiffs sometimes stand in place of the signs, blocking entry to the court despite people’s legal right to go in, said Robert Ingram, an attorney from Marietta, Ga., and chairman of the state’s Judicial Qualifications Commission.

“We’ve had our own investigators and commissioners go out and visit a courtroom and they have been greeted by a bailiff or a deputy sheriff and been told to state their business or otherwise they don’t need to be there,” Ingram said.

But why the closed rooms and bans on view judicial proceedings in the first place? Under Georgia’s law, closing off or banning someone from the courtroom can be done at a judge’s discretion. For instance, an unruly or disruptive person, whether child or adult, can be removed. Or there may be a case not considered proper for people under the age of 18 to attend.

More often, however, judges these days claim they are keeping out the public because of lack of space in the courtroom. One instance that put this closed court behavior in the spotlight was the jury selection for Andrea Sneiderman, in which DeKalb Superior Court Judge Gregory Adams lifted the public ban stating that people who wished to be present for the selection had the right to do so.

Seemingly arbitrary court closures by judges in the Peach State are nothing new. Back in 2011, Barbra Mobley, a DeKalb County State Court Judge, resigned after investigations were launched by the Judicial Qualifications Commission alleging that her court featured bailiffs questioning people illegally about why they wanted to observe the cases on the docket.

The phenomenon is occurring statewide. In both Crisp and Ben Hill counties, the Southern Center for Human Rights (SCHR) filed suit against the practice of closing courts to the public. In those counties, it’s been common that courts remain closed off even to the family members of both victims and the accused, other than their attendance at guilt pleas during the trials’ conclusions.

Further investigations have showed that closed courts are more common than first thought. According Gerry Weber of SCHR, this is causing a major problem with transparency. “A closed courtroom is one that is less accountable to the public. What is done behind closed doors can be different to what is done in the cold light of day,” he said.

Many judges are following the closed court lead, including Judge T. Jackson Bedford of the Fulton County Superior Court, Judge Clarence Seeliger of the DeKalb County Superior Court, and Judge Patsy Porter of Fulton State Court. Attempts by The Atlanta Journal-Constitution to contact these servants of the people were unsuccessful, as were the attempts made by Occupy.com.

There are some positive signs as well, however. Judge Christopher Brasher of Fulton Superior Court says he was unaware that the practice of closing courts was occurring in his courtroom, and quickly put a stop to it. Brasher attributed the action to “overzealous deputies, who provide security and order.” He has since ordered that no one be keep out of the court, and that no signs excluding any specific group be put up without his written consent.

Judges Todd Markle and Robert McBurney, both of Fulton Superior Court, say they were not aware the public was being deterred with signs from entering their courts, and that this step was taken without their permission. However, there is debate about the judges’ knowledge of the situation. Each county sheriff’s department is responsible for court security, and Fulton County Sheriff’s Department spokesperson Tracy Flanagan says they do not make or affix signs nor are signs permitted without the consent of the presiding judge.

The Judicial Qualifications Commission issued an opinion on the matter, from the commission’s director Jeff Davis who said massive amounts of complaints have come from the public about access to courtrooms. “Our efforts to educate judges about these issues have resulted in the type of response we would have anticipated,” said Davis.

“Judges are complying with the opinion and modifying practices accordingly. Since the issuance of our Opinion, we have been encouraged by the response of judges and the willingness to bring their courts into full compliance with the law.”

Now The News Is Told That They Are Not to Continue Reporting on Ebola, WHY?

From a Trusted News Source..

Earlier today we were contacted by a customer asking if we had received a tap on the shoulder by the CDC telling us to stop reporting on developments concerning Ebola. This individual’s motivation was the sudden drop off in message traffic from our service over the past 10 days.

220px Ebola virus virion

For the record, NO, we have not received such a request, nor would we comply.

But the inquiry raises important questions:

Why has the overall tempo of Ebola stories slowed to a trickle?

Why has the overall tempo of suspected case reports from hospitals and health departments dropped off?

You may recall that on 10/21 AlertsUSA sent the following SMS message to subscriber mobile devices:

“FLASH: CDC insider tells AlertsUSA that U.S. hospitals being advised to NOT publicly report suspected / confirmed Ebola cases using privacy laws as shield.”

This evening we were informed that Obama Administration efforts to squash reporting on suspected or confirmed cases of Ebola in the U.S. goes much further. Then consider the following single sentence from a Forbes news story published late on 11/2:

“The Associated Press and other press outlets have agreed not to report on suspected cases of Ebola in the United States until a positive viral RNA test is completed.”

http://onforb.es/1EevzcF

And there you have it.

1. Control the source of the news (hospitals and health departments).

2. Control the propagation of the news (mainstream news outlets and wire services).

It would seem that our new Ebola Czar has been hard at work behind the curtain.

The takeaway here is concerning on multiple levels and should serve to highlight, yet again, that mainstream reporting and information sharing by public agencies is not quite as free and independent as the public may think.

Despite this blackout of sorts,receives a steady stream of information from other sources nationally and globally. Before anything is reported to you, we always seek secondary and tertiary confirmation so as to maintain accuracy. This directly translates into trust in the service.

We deal in black and white facts. No grey matter. No rumors.

That said, healthcare workers, public health professionals and members of the armed services have privately have informed us of the details of numerous additional CONFIRMED cases of Ebola quietly being treated at medical facilities in multiple locations across the U.S.. Many of these have been transported to CONUS from abroad. But without solid confirmation upon which we can stake the reputation of the company, the blowback could be significant.

EBOLA CREATED IN AMERICAN LABS

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EBOLA VIRUS UNWELCOME IN THE AMERICANS: CREATED IN AMERICAN LABS

Wednesday, October 1, 2014 13:29

https://i2.wp.com/i.huffpost.com/gen/1946713/thumbs/o-EBOLA-570.jpg

We said it here first (July 2014) that the Ebola Virus would strike the USA and Europe, reports of at least 18 potential cases in Dallas,TX after healthcare workers (Health Presbyterian Hospital Dallas) forget to correctly diagnose man who traveled from Liberia and is now infected with Ebola Virus, and has been in contact with others including school children.

https://melbrake.wordpress.com/2014/08/17/3000-ebola-martyrs-warned-ready-to-strike-america/

It has been reported that the Ebola Virus was created by Americans Labs.

Ebola Virus and Devizes Crop Circle: One of These Man-Made

Posted on July 30, 2014 by melbrake

July 30, 2014 another impressive crop circle appeared in Devizes, Roundway Hill, Wiltshire UK. This circle reminds us of the Ebola Virus strains which seems to be spreading from its border in three West African countries: Liberia,Guinea and Sierra Leone.

The Ebola virus may have been contracted in the US, and Europe is also very concerned.

The crop circle has signatures of not being man-made but there have been reports that Ebola Virus could be.

AIDS and Ebola Viruses Were “Man-Made:”Expert Shocks National Radio Audience

San Francisco – AIDS and Ebola viruses did not originate from monkeys left alone in the wild – they were bio engineered in American laboratories. So says an internationally known public health authority with Harvard credentials, Dr. Leonard G. Horowitz, based on a review of more than 2,500 government documents and scientific reports, some gained through the Freedom of Information Act and never before revealed to the general public. “The Gary Null” show, originating in New York on WBAI radio, syndicated in 20 cities and heard by more than a million people, will air this information, and more, during a one hour interview with Dr. Horowitz beginning on Tuesday, April 23, from 12:00 to 1:00 PM e.s.t., and later in the week throughout the country. Listeners will learn that HIV-1, and its parent, HIV-2, have been traced to National Cancer Institute (NCI) and military funded cancer virus experiments which used infected African green monkeys to produce vaccines intended to prevent hepatitis, leukemia, and other cancers.

The documented evidence revealed in Dr. Horowitz’s new book, Emerging Viruses: AIDS and Ebola – Nature, Accident or Genocide? (Tetrahedron Publishing Group, 1996), shows that NCI researchers, during the 1960’s, mixed viral genes from different animals to produce leukemia, sarcoma, general wasting, and death. This provided the “cancer models” used to study human cancer and begin human vaccine trials. The book, described as the first in-depth exploration into the origins of AIDS and Ebola, and its controversial conclusions, have offended many top AIDS researchers, and been hailed by numerous others who have long questioned the green monkey theory, or feared disease outbreaks from viral vaccine experiments.

Reconciling the origin of AIDS and Ebola, as Dr. Horowitz has now done, is important for several reasons: First, many feel that victims of AIDS should not be blamed for starting the epidemic. With this evidence, those living with HIV/AIDS may now be freed from the stigma, shame, and guilt associated with the infection – a boost to their natural immunity. Second, new therapies might be developed from a better understanding of HIV’s origin. third, the events precipitating such epidemics should never be allowed to happen again. It is ethically important to understand, and therefore prevent, future outbreaks. Finally, those directly implicated in HIV’s development and transmission are the same individuals and institutions capitalizing on the epidemic and humanity’s suffering. Though many might consider this preposterous, as one Emerging Viruses review recently cautioned, “withhold any out-of-hand dismissal until you read this book,” or tune into Dr. Null’s extraordinary program.

Copyright © 1996. The Light Party.

https://melbrake.wordpress.com

http://www.dailymail.co.uk/news/article-2775608/CDC-confirms-Dallas-patient-isolation-testing-returning-region-plagued-Ebola-HAS-deadly-virus.html

http://www.nytimes.com/2014/10/02/us/after-ebola-case-in-dallas-health-officials-seek-those-who-had-contact-with-patient.html?_r=0

Truth About Judges and Banks, and Why Foreclosure Hell Will Stay, Written by Darwin Bond Graham Great Story

Backing Banks Over Borrowers, California Judges Often Big Stakeholders in Same Banks

Wednesday, 25 June 2014 09:59

By Darwin BondGraham, Truthout | News Analysis
DARWIN BONDGRAHAM (Darwin BondGraham is a sociologist and journalist who covers political economy. He blogs at http://darwinbondgraham.blogspot.com and for washingtonspectator.org.)

http://truth-out.org/news/item/24400-alifornia-judges-ruling-in-favor-of-banks-over-borrowers-often-own-financial-stocks-and-bonds#.U65EgJjg51o.wordpress

Truthout readers like you made this story possible. Show your support for independent news and make a tax-deductible donation today!

Sue your bank in California over a wrongful foreclosure, and the best you’re likely to get – if you have ironclad evidence that it broke the law – is a loan modification. That is, a “win” for the borrower usually means the bank keeps another customer and collects interest payments that are thousands of basis points above the level at which the bank is able to borrow from the Fed. Very often, however, homeowner lawsuits against the banks end in dismissal. In the parlance of the courts, the defendant’s demurrer is sustained. Judges in California’s superior courts often rule in favor of the banks, and the few lawsuits that filter up to the appeals courts and Supreme Court don’t fare any better.
Why do the banks keep winning in court against borrowers alleging wrongful foreclosure, fraud and other abuses? Many borrowers and their lawyers say there’s a judicial bias favoring the banks over homeowners, and that this bias is revealed by the economic position of the judges themselves. Most California judges are wealthy, and many of them hold significant investments in financial corporations and bonds, oftentimes even in the very same banks and mortgage lenders that have been sued by thousands of Californians over alleged fraud, deception and wrongful foreclosure.
Case in point: Baldwin v. Bank of America, a borrower lawsuit alleging wrongful foreclosure that battled all the way to the steps of California’s Supreme Court. In 2007, Marvin Baldwin borrowed half a million dollars from J&R Lending to purchase a small three-unit apartment building in Long Beach, California. It was the height of the real estate bubble. Things quickly fell apart, and Baldwin ran into financial troubles.
In 2009, Bank of America, which by this point had acquired Baldwin’s loan, notified him that he qualified for a federally sponsored HomeSaver Forbearance Program, a temporary bridge toward a permanent loan modification. Baldwin assumed that this was how the taxpayer-funded bank bailouts were translating into assistance for small landlords, so he cooperated with Bank of America and made payments under the program. But late in 2010, Bank of America recorded a notice of default against Baldwin’s loan. Things looked dire.
Then in October, two months after filing the notice of default, Bank of America spun around again and appeared to be offering Baldwin a rescue plan. Bank of America announced a national moratorium on foreclosures due to the bank’s acknowledgement of “irregularities” in its own internal processes. But then Bank of America reversed course yet again. In spite of announcing a moratorium on foreclosures – a moratorium stemming from the robo-signing scandal in which it was revealed Bank of America was routinely breaking the law – Marvin Baldwin’s home was suddenly sold at auction on December 8, 2010.
He filed a lawsuit alleging breach of contract and fraud and sought injunctive relief to save his property. Baldwin alleged in his lawsuit that Bank of America violated California’s Unfair Competition Law, which states, among other things, that a company cannot act in ways that would be likely to deceive a reasonable customer. The foreclosure “moratorium” Bank of America announced was one such deceptive practice because the bank lulled its borrowers into inaction, but then in fact continued to foreclose on properties and sell them, argued Baldwin and his lawyer. A year later, a trial court in Los Angeles sided with Bank of America, ruling the foreclosure and auction were perfectly legal, and that the bank’s actions weren’t deceptive.
Marvin Baldwin and his lawyer Lenore Albert appealed and argued their case before California’s 2nd District Appellate Court. They lost again. The court’s reasoning waded deep into gray areas, interpreting California’s business laws, fraud laws, and real estate laws liberally in the Bank of America’s favor.
Broad Pattern of Bias Seen
Plaintiffs’ attorneys see a broad pattern in California in which the judiciary has routinely sided with the banks, even when the law could be interpreted to prevent or reverse a foreclosure.
“They don’t want to be the judge that allows 40 million mortgages to go back to the borrowers,” said Patricia Rodriguez, a lawyer who has filed homeowner lawsuits against banks and mortgage servicers in multiple California superior courts. “They don’t want to possibly set a precedent.” A single ruling against Bank of America that reverses a foreclosure sale because the bank didn’t follow the letter of the law, for example, could spill over into thousands of other cases and potentially impact the profitability of the entire banking and loan servicing industry in Calfiornia, said Rodriguez.
“It was very clear that there is one form of justice for the small borrower and another form of justice for the moneyed interests,” said Donald Adams, a retired California attorney. “It pains me to say that, but having seen the real estate debacle and the judiciary’s protection of these fraudulent practices, I have reluctantly come to that conclusion.”
As to why the banks so often come out winners, some point to the economic interests of the judges. The average superior court judge in California is paid a salary of about $150,000, but many of the judges are appointed to the bench after years of lucrative private practice where they earned many times this amount of money. Most judges worked as lawyers at large law firms and boutique offices whose clients include major corporations, real estate companies, banks, and others that can pay top dollar. By the time they become judges, most of these lawyers have amassed considerable financial wealth, and like other members of the top 1% of income earners and wealth holders, most judges invest their fortunes in stocks and bonds. And after years of working for corporate clients, many judges have also been steeped in legal and social philosophies that favor the interests of the wealthy above those of consumers and debtors.
It’s impossible to really know why California’s judges have decided so many mortgage fraud and wrongful foreclosure cases in favor of the banks. Certainly it’s a mix of factors, including ideology, but also the existing structure of the legal system that favors wealthy defendants like the banks over isolated and indebted plaintiffs; the banks can afford the best lawyers to represent them, and the biggest banks spend several billion each year lobbying the legislatures of all 50 states and the federal government to shape laws and regulations in their favor. It’s an uneven playing field from the very start. But one possible way to gauge the possibility of bias in the legal system is to look at the economic interests of California’s judges. Unlike ideology, the material interests of the judiciary can be observed and measured. Through their ownership of bonds in financial and mortgage lending companies, many judges own senior claims on debt, debt that is directly tied to the loans of homeowners. Judges also own equity stakes in corporations, the value of which hinges very much on residential mortgage loans and loan-servicing activities.
For example, 42 of California’s 105 appeals court judges own stocks or bonds in financial companies. Seventeen of California’s appeals court judges own stock in Bank of America, while 10 own stock in Citibank, 6 in US Bank, 5 in JPMorgan Chase, and 4 in Wells Fargo. These judges own significant numbers of shares, on average amounting to about $10,000, but some California appeals court judges have revealed in their financial disclosure reports that they own perhaps as much as $1 million in stock in these banks.
The implication here is that many of California’s judges have a financial stake in the profitability of the largest mortgage servicers in the state, the same banks that have been brought before the courts in thousands of cases alleging wrongful foreclosure.
For example, in the Baldwin case, one of the appeals court judges who ruled in favor of Bank of America, Steven Suzukawa, owned as much as $100,000 in Bank of America stock, according to public records. Another of the judges on the three-judge appellate panel that heard the Baldwin case, Norman Epstein, owned as much as $10,000 in Bank of America stock. This was not disclosed, according to parties involved in the case. Under California’s judicial ethics standards, a judge owning more than $1,500 in stock of a company that is party to a lawsuit should recuse themselves from the case.
Baldwin fought on after the setback in the appeals court which was decided in February of this year, petitioning the Supreme Court of California to hear the case. California’s highest court refused to consider the lawsuit, dismissing the petition on May 21.
“I am a bit shocked at the failure to review such a new issue that affects thousands,” wrote Lenore Albert, Baldwin’s counsel, in an email.
One of the Supreme Court judges who was set to decide whether or not Baldwin would be heard had to recuse himself from even making that preliminary decision. Ming Chin, appointed to the California Supreme Court by former Governor Pete Wilson in 1996, disclosed as much as $100,000 worth of stock in Bank of America. Judge Chin also owns stock in Morgan Stanley, the investment bank that sold billions in mortgage-backed securities during the real estate bubble of the 2000s.
Majority of Justices Major Stakeholders in Banks
A majority of California’s Supreme Court justices own major stakes in the banks that service the majority of mortgage loans in the state. Justice Marvin Baxter owns shares of Wells Fargo Bank and Citibank. Justice Carol Corrigan owns shares of Citigroup and part of a business called Redwood Mortgage Investors, a private investment company that owns tens of millions of dollars worth of residential mortgage loans in California. Justice Joyce Kennard owns stock in JPMorgan Chase and Citibank. Justice Kathryn Werdegar owns as much as $1 million in Wells Fargo stock. That makes five of California’s seven Supreme Court justices major investors in the mortgage lending and loan servicing industries.
“I’m so frustrated,” said one lawyer, speaking on the condition of anonymity, about decisions of California’s judges. “I have my team putting together the wall of shame for the judges, how they’re not enforcing the law.”
The state courts, many of them, were individually biased against the consumers,” said retired attorney Don Adams. “The courts were not going to let individual borrowers escape mortgage payments, and were less concerned with stopping the fraudulent and predatory activities that got us into the mess in the first place.”
In 2009, Adams sued Countrywide on behalf of a client who sought to quiet title to their home after a tangled deal of loans involving Countrywide, Citibank, and Bank of America led Countrywide to wrongfully foreclose. Countrywide admitted to foreclosing “in error,” but a trial court found in favor of the bank, forcing the borrowers to sign a new loan agreement with Countrywide. Adams and his clients appealed the decision, but then lost before a panel of three judges in California’s Second Appellate District court. One of the judges, Arthur Gilbert, owned stock in Bank of America and Citibank. Another one of the judges, Kenneth Yegan, disclosed two loans for over $1 million he had taken from Countrywide.
According to Adams, the bias of the courts in favor of the banks existed long before the foreclosure crisis. “Had courts enforced the law against the lenders, the great recession did not have to occur,” he said. “Many of us were after the New Centurys, the Ameriquests, and Countrywides well before the collapse. Even after the economy imploded, most judges did their best to protect the business interests of the predatory lenders by cynically not wanting to let the consumers ‘off the hook’ without recognizing that borrowers would still have to pay a mortgage, but the lenders would have to unwind the loans and do it again. The courts felt that was too much for the fraudsters – and accordingly protected them.”

Good Ole Supreme Court of Georgia! Quite a Bit Different Than Their Yearly Address States They Feel!

http://law.justia.com/cases/georgia/supreme-court/2014/s14a0391.html

(It did not copy across very well, but click the link to get there from here).

In the Supreme Court of Georgia
Decided: July 11, 2014
S14A0391. MITCHELL et al. v. WELLS FARGO BANK, N.A. et al.

HUNSTEIN, Justice.
Appellants Richard and Deborah Mitchell appeal from the dismissal of
their lawsuit against Appellees Wells Fargo Bank, N.A., Mortgage Electronic
Registration Systems, Inc. (“MERS”), and their successors.1 We find that the
trial court properly granted Appellees’ motion to dismiss based on a bill of
peace, which barred Appellant Richard Mitchell from filing future lawsuits
without prior court approval. Therefore, we affirm.2

In November 2005, Richard Mitchell (“Mitchell”) obtained title to
property located at 455 St. Regis Drive, Alpharetta, Georgia, and executed a
security deed in favor of MERS, who subsequently assigned the security deed
1Appellants specifically named as defendants “any unknown heirs, devisees,
grantees, creditors, successors in interest, and other unknown persons, or unknown
spouses claiming by, through and under any of the . . . named defendants.”
2Appellants filed their appeal in the Court of Appeals, which transferred this
case to this Court because a substantive issue on appeal involved the legality or
propriety of an equitable bill of peace.

to Wells Fargo as trustee. The property was foreclosed upon after Appellants
became delinquent on their mortgage payments, and Wells Fargo purchased the
property at a foreclosure sale on February 3, 2009. Since that time, Appellants
admit that they have made numerous “dilatory filings,” proceeding pro se, in
state, federal, and bankruptcy courts.

In May 2010, Mitchell filed a complaint against Wells Fargo in Fulton
County Superior Court in case number 2010-CV-185623. Wells Fargo moved
to dismiss the complaint and moved for a bill of peace pursuant to OCGA § 23-
3-110 against Mitchell as a measure to end Mitchell’s “meritless filings” in state
court. On July 21, 2011, the trial court issued an order granting Wells Fargo’s
motion to dismiss for lack of jurisdiction because Mitchell had not properly
served Wells Fargo. The court also granted Wells Fargo’s motion for a bill of
peace, finding that the records of Fulton County courts reflected “nothing less
than repeated and contemptuous behavior in the courts of this State” and that the
lengthy history of filings in federal court showed a pattern of behavior by
Mitchell consistent with his state filings. The court concluded that pursuant to
OCGA § 23-3-110, “a bill of peace [was] warranted, in order to stop [Mitchell’s] abuse of the courts of Georgia.”   The court permanently enjoined Mitchell from filing any pleading or complaint related to the foreclosure and eviction from the property at issue for a period of five years unless Mitchell first received written approval from the court. The court continued that if Mitchell did file such a complaint, Wells Fargo was under no duty to respond, and the complaint or any pleading would be subject to dismissal immediately.  

Mitchell moved to set aside the order granting the bill of peace, which the court denied rally during a hearing on February 19, 2013.

3OCGA § 23-3-110 provides as follows:
(a) It being the interest of this state that there shall be an end of
litigation, equity will entertain a bill of peace:
(1) To confirm some right which has been previously satisfactorily
established by more than one legal trial and is likely to be litigated
again;
(2) To avoid a multiplicity of actions by establishing a right, in favor
of or against several persons, which is likely to be the subject of legal
controversy; or
(3) In other similar cases.
(b) As ancillary to this jurisdiction, equity will grant perpetual
injunctions.
4The court also ordered Mitchell to pay Wells Fargo $4,000 in attorney fees.
5At the time of the filing of this appeal, the trial court had not issued a written
order memorializing its oral ruling denying Mitchell’s motion to set aside.
3
Meanwhile, on May 24, 2012, Appellants, proceeding pro se, filed a
complaint to quiet title and for injunctive relief with regard to the property
against Appellees in Fulton County Superior Court in case number
2012-CV-215444. Wells Fargo moved to dismiss the complaint, arguing inter
alia that Mitchell had failed to receive prior written court approval in violation
of the bill of peace. Appellants did not respond. On October 18, 2012, the court
granted Wells Fargo’s motion to dismiss based on good cause, including the fact
that Mitchell was barred from filing the complaint pursuant to the bill of peace.
Thereafter, Appellants, represented by counsel, filed a motion to reconsider the
order dismissing their complaint, a motion to set aside the dismissal order, and
an emergency motion for stay of execution of writs of possession pending a
ruling on Appellants’ previously filed motions. On November 2, 2012, the court
denied all three of Appellants’ motions.
Appellants now appeal the dismissal of their complaint, contending that
because the court dismissed Mitchell’s complaint for lack of jurisdiction over
Wells Fargo in case number 2010-CV-185623, the court had no jurisdiction over
Wells Fargo to grant them the relief sought in the bill of peace. They assert that
because the court lacked jurisdiction over Wells Fargo, the bill of peace was
4
facially void and a nullity, and they may collaterally attack this void order in this
appeal. Appellants thus assert that the trial court erred in dismissing their
complaint in case number 2012-CV-215444 by relying on a void bill of peace.
Appellees respond that the bill of peace was not void because the court had
jurisdiction over Mitchell, and therefore, that the dismissal based on the bill of
peace was not in error.
We agree with Appellees. In case number 2010-CV-185623, Wells Fargo
made a special appearance and thereby consented to the court’s jurisdiction for
the limited purpose of filing its motion for a bill of peace, while at the same time
contesting the court’s personal jurisdiction over it with respect to Mitchell’s
complaint. Additionally, the court had personal jurisdiction over Mitchell, and
Appellants do not argue to the contrary. Therefore, the trial court had
jurisdiction to issue the bill of peace, and it is not void on its face.6 See Nally
v. Bartow County Grand Jurors, 280 Ga. 790 (1) (633 SE2d 337) (2006) (order
was not void where the appellant failed to show that the court lacked personal
or subject matter jurisdiction).
6We make no ruling on the propriety of the merits of the bill of peace.
Without any order setting aside the bill of peace or a reversal thereof on
appeal, it remains binding on Mitchell. Accordingly, we find that the court’s
dismissal of Appellants’ complaint in case number 2012-CV-215444 based on
Mitchell’s failure to comply with the bill of peace was proper. See Rolleston v.
Kennedy, 277 Ga. 541, 542 (591 SE2d 834) (2004) (summary dismissal of
complaint was correct due to a previously issued bill of peace, which enjoined
the plaintiff from claiming an adverse interest in certain property or filing any
lawsuit without prior written court approval).8
Judgment affirmed. All the Justices concur.
We note that the bill of peace names only Richard Mitchell. Deborah
Mitchell, however, makes no argument that the bill of peace does not apply to her as
well. In any event, we note that an injunction – which is like an equitable bill of
peace in many respects – binds not only the persons named in the injunction, but
“their officers, agents, servants, employees, and attorneys,” as well as “those persons
in active concert or participation with them who receive notice of the order by
personal service or otherwise.” OCGA § 9-11-65 (d).
8Appellees’ motion to dismiss for lack of jurisdiction is hereby denied.

ANYBODY CAN FORECLOSE ON YOU IN GEORGIA!

WTF?

The Georgia Supreme Court determined back when they made the ruling on the You case, that the foreclosing entity does not have to hold the Note, does not have to hold the security deed, and does not have to have an interest in the loan.’

It should not surprise anyone, they had been allowing it to go on for a long time.  Now, I am seeing the people who were foreclosed upon between 4 and 6 years ago, are being foreclosed upon again, but this time, by someone new, a different Lender, that never existed.  One day the real Lender will come, and they too will foreclose on the borrower.

Has everything gotten so bad, that the courts just don’t care?  What ever happened to contract law?  Are they going to allow all contracts to be violated by lenders, or just when it comes to real property?

I saw someone the other day, Bank of America had allegedly foreclosed upon the man.  Bank of America not only foreclosed, but evicted  the man as well.  Bank of Americas name is on the  Deed Under Power.  Bank of America swore under Oath that they were the current party with right to foreclose.  A month and a half later, US Bank sold the property to a third party, because they claim that they were the party with rights to the property.

So lets’s get this straight, when did Bank of America turn into US Bank?  There was nothing in the record showing Bank of America had any claim to the Note or Deed, nothing showing that Bank of America is anything to the loan.  The Deed Under Power of Sale, has Bank of America’s name on  it, with some of those squiggly marks that the foreclosing attorneys have been signing for years, to create a fictional assignment.  But… US Bank be damned, they were going to get some of that action.  So without any documentation recorded anywhere, of any kind, US Bank sold the property to a third party.

Something to Seriously Consider…

A Lesson Learned on the Anniversary of Wounded Knee

http://beforeitsnews.com/opinion-conservative/2013/01/very-powerful-stuff-gun-control-and-the-massacre-at-wounded-knee-2560028.html
By Anonymous

December 29, 2012, marked the 122nd anniversary of the massacre of 297 Sioux Indians at Wounded Knee Creek on the Pine Ridge Indian Reservation in South Dakota. These 297 people, in their winter camp, were murdered by federal agents and members of the 7th Cavalry who had come to confiscate their firearms “for their own safety and protection.” The slaughter began AFTER the majority of the Sioux had peacefully turned in their firearms. When the final round pierced the air, of the 297 dead or dying, two-thirds (or 200) were women and children!

Around 40 members of the 7th Cavalry were killed. Over half of the dead were by friendly fire from the Hotchkiss guns, which were in the hands of their overzealous comrades-in-arms. Twenty members of the 7th Cavalry were deemed “National Heroes” and awarded the Medal of Honor for their acts of cowardice.

We do not hear of Wounded Knee today. Historians do not mention it in our history classes or books. What little does exist about Wounded Knee is normally the sanitized “Official Government Explanation” or the historically and factually inaccurate depictions of the events leading up to the massacre on the movie screen. Wounded Knee was among the first federally backed gun confiscation attempts in United States history. It ended in the senseless murder of 297 people.

Before you jump on the emotionally charged bandwagon for gun-control, take a moment to reflect on the real purpose of the Second Amendment–The right of the people to take up arms in defense of themselves, their families, and property in the face of invading armies or an oppressive government. The argument that the Second Amendment only applies to hunting and target shooting is asinine. When the United States drafted the Constitution, “hunting” was an everyday chore carried out by men and women to put meat on the table each night. “Target shooting” was an unheard of concept. Musket balls were a precious commodity in the wilds of early America and were certainly not wasted “target shooting.” People who fled oppressive and tyrannical regimes in Europe wrote the Second Amendment, which refers to the right to arm American citizens for defense purposes should such tyranny rise in the United States.

As time goes on, the average citizen in the United States continues to lose personal freedom or “liberty.” Far too many times, unjust bills are passed and signed into law under the guise of “for your safety” or “for protection.” The Patriot Act signed into law by G.W. Bush, which was expanded and continued by Barack Obama, is just one of many examples of American citizens being stripped of their rights and privacy for “safety.” Now, the Right to Keep and Bear Arms is on the table and will most likely be abolished for “our safety.”

Before any American citizen blindly accepts whatever new firearms legislation that is about to be voted upon, they should stop and think about something for just one minute—Evil does exist in our world. It always has and always will. Throughout history evil people have committed evil acts. In the Bible, one of the first stories is that of Cain killing Abel. We cannot legislate away “evil.” Good people will abide by the law; defective people will always find a way around it.

Furthermore, evil exists all around us. However, looking back at the historical record of the past 200 years across the globe, where is “evil” and “malevolence” most often found? They are found in the hands of those with power—tyrants in governments. We can attribute the worst human tragedies on record and the largest loss of innocent human life to governments. Who do governments target? They target “scapegoats” and “enemies” within their own borders…but only after they have been disarmed to the point where they are no longer a threat. Ask any Native American, and they will tell you it was inferior technology and lack of arms that contributed to their demise. Ask any Armenian why it was so easy for the Turks to exterminate millions of them, and they will answer, “We were disarmed before it happened.” Ask any Jew what Hitler’s first step prior to the mass murders of the Holocaust was—confiscation of firearms from the people.

Wounded Knee is the prime example of why the Second Amendment exists, and why we should not be in such a hurry to surrender our Right to Bear Arms. Without the Second Amendment, we have no right to defend ourselves and our families. “There are two ways to conquer and enslave a nation. One is by the sword. The other is by debt.” ~ John Adams, 1826

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Nootkabear's Good News Blog

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