Free Murder

By Xrepublican, a Trail Mix Contributor

Successful criminal defense all depends on how the authorities construct strictly the cases that would inevitably follow passage of the Florida Prosecution-Free Murder Bill. We also know that Strict Construction and Legislative Intent are living ideologies that mutate over time to fit the needs of each new day, and each new and innovative channeling of the minds of legislators and Founding Fathers. Heraclitus would advise you that you never think the exact same thought twice, for thoughts are always coming upon you, and they and circumstances flow and swirl. For example, you’ll never be able to understand why you took up smoking, a lethal exercise that over decades cost you a fortune and ruined your taste buds, arteries, esophagus, heart, and lungs. So it is with Original Intent.

Now, the immediate question is, can a white male successfully defend himself in court on the ‘Stand Your Ground’ plea if he only pistol-whips his victim to death, or must he actually kill by shooting a bullet into his opponent? Can a white man carry a bazooka, or drive a tank down the street, by the Right of Open Carry ? Must enforcement authorities determine that landmines placed under the front lawn are to be construed as legally concealed weapons, to which the owner is entitled? Finally, does a white male defendant at the end of a 1st degree murder case have the right to shoot the judge, because he fears that judge will apply the death penalty?


Well beyond the immediate, someday the armaments companies may decide that they are neglecting a potentially lucrative market – the non-white population. Then, armalite, colt, smith and wesson, sig sauer, glock, and other companies might send waves of heart-wrenching amicus briefs to criminal courts, whose judges are up for re-election, in support of non-white defendants who used firearms to wound or kill people. Judges of that future day might be swayed by newer and more innovative strict constructions of the original legislative intentions. Therefore, it is conceivable, albeit barely, that someday even the blackest of black men might have the right to murder with impunity, using charged weapons such as firearms, landmines, grenades, bombs, etc.

Now, regarding sarin . . . .
Yours in Jonathan Swift,
Xrepublican

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54 thoughts on “Free Murder”

  1. another nightmare in the works?

    wapo: Senate staff perplexed by unusual White House private briefing on North Korea

    The White House announced Monday that it would host an unusual private briefing on North Korea for the entire Senate, prompting questions from lawmakers about whether the Trump administration intends to use the event as a photo op ahead of its 100-day mark.

    Press secretary Sean Spicer told reporters that the lawmakers would be briefed Wednesday by several senior administration officials, including Secretary of State Rex Tillerson and Defense Secretary Jim Mattis. He emphasized that the meeting plan had been convened by Senate leadership and that the White House was serving “as the location.”

    Yet the White House setting perplexed lawmakers who have grown accustomed to such briefings taking place in a secure location on Capitol Hill, where there is more room to handle such a large group.


  2. Published on Apr 24, 2017

    How the ouster of Bill O’Reilly offers a roadmap for removing Donald Trump.

  3. The senile old guy wants the senators to come to him, just like a king he is.  Will he get rid of the little chair in the Oval Office and install a proper throne?  I hope so.  Maybe a golden potty chair?

     

  4. XR,  wow. Just what we need – a way to put more guns on the streets with less accountability.  I see a Schwarzenegger, Stallone, Gibson movie in the works.

  5. note that nra speech is scheduled on same day as vote on possible govt shutdown shows wh priorities

    Atlanta journal constitution:

    ‘Die-in’ protest takes aim at Trump’s NRA speech in Atlanta

    Hundreds of demonstrators are expected to mass near the Georgia World Congress Center on Friday for a “die-in” protest against Donald Trump’s speech at the National Rifle Association convention in Atlanta.

    The protest organized by gun control advocates will be held at Woodruff Park on the same day that Trump and other high-profile leaders, including Republican Sen. David Perdue and Trump adviser Kellyanne Conway, address the NRA event.

    The “die-in” is an offshoot of the weekly protests outside Perdue’s downtown Atlanta office that urge him to hold a town hall meeting. This event will feature 93 people lying on the grassy ground at Woodruff to represent what organizers say are the number of people who die daily in the U.S. from gun violence.

  6. Is that picture a Death Mask or a Life Mask of Jonathan Swift? Years ago I saw photos of the Life Masks of Paulding, Williams & Van Wart, the men who captured Major Andre. Cleared away the cobwebs of history & made it relevant. The Life Mask of Lincoln & the casts of his hands are priceless.

     

  7. Current odds being offered on top 25 Derby Horses still in line for the big race.

    Classic Empire 3/1
    Always Dreaming 3/1
    Gunnevera 4/1
    Irish War Cry 5/1
    Irap 8/1
    Mc Craken 8/1
    Gormley 10/1
    Girvin 11/1
    Lookin At Lee 12/1
    Tapwrit 12/1
    Battalion Runner 15/1
    Malagacy 15/1
    Practical Joke 15/1
    Thunder Snow 16/1
    Hence 20/1
    J Boys Echo 20/1
    Battle of Midway 30/1
    Cloud Computing 40/1
    Royal Mo 40/1
    Sonneteer 40/1
    Untrapped 40/1
    Patch 45/1
    State of Honor 45/1
    Fast and Accurate 50/1

  8. Holy Zimnado…the ag dept. issues licenses in Flay.   ‘Neighborhood watch’ works in all hoods, the difference is the legal owning of the gun.  So, you are very correct Mr. Xrep….I love your ‘swiftboating’ style!

  9. last year at this time the trump children were unable to vote for daddy don in the NY primary…they were not registered to vote.  Today, they are running our country and ivanka is sitting with world leaders in Germany…at least she is getting booed and hissed for her puny defense of prez pussy grabber.  Totally inept in her new pretend position as first daughter….step sister tiffany knows that all too well as ivanka has been trumphands favorite since birth.  First. period.

  10. As I understand the Florida Bill, the prosecutor says the defendant should not benefit from the law because she was in fact the aggressor as shown by recordings from a neighboring building. The judge agrees and it’s business as usual.

    Wouldn’t that make it very much like motor vehicle law where the prosecution must show the court a reasonable basis for trying someone with vehicular homicide?

  11. and in all fairness, Caroline Kennedy found herself in a similar position when she was considering running for the Senate…she had a spotty voting record.   However, she eventually accepted the ambassadorship to Japan.  trump has mocked her many times as is his crappy way with women.  I am glad the women in Germany aren’t buying the trump act.

  12. But, first, we must be allowed to make Irish lampshades.   Your post, X-R, clearly shows the absurdity of judges hiding behind originalism as there are clear restrictions on gun rights under the second amendment. Move over Mr. Smith, we have another “modest proposal” to consider.

  13. Swifty-XR

    good one

    Ivanka got booed pretending she knows anything about anything…..All she can say is that her father hired women –nothing about his abuse of women both sexually and women’s right to privacy and their own medical decisions.  It’s bad amateur hour in the Whitehouse

     

  14. An editorial in this morning’s Journal. Bernie’s legacy? A lesson for Florida?

    Middlebury Struggle Session
    The wrong man issues an apology for violent student behavior.

    By now you’ve heard about the student mob at Middlebury College that roughed up Charles Murray, a visiting speaker and social scientist. The March mayhem ended with Mr. Murray’s faculty escort in a neck brace, but so far the public shaming has been reserved for a professor who dared to promote the free exchange of ideas.

    Last week Bert Johnson, chair of Middlebury’s political science department, apologized in the campus newspaper for offering “a symbolic departmental co-sponsorship” to the Murray event “without wider consultation.” It seems Mr. Johnson lent the department’s imprimatur to the invitation to Mr. Murray that had come from a student group.

    Mr. Johnson lamented in his statement that his decision “contributed to a feeling of voicelessness that many already experience on this campus,” though anyone paying (or getting subsidized) $200,000 for a college degree and a four-year respite in Vermont is not among America’s marginalized.

    Mr. Johnson has since said on Twitter that he intended merely to extend good will, not to walk back his commitment to free speech. And Mr. Johnson is a unicorn on campus for his research on why campaign-spending limits are less effective than allowing more spending and more political speech. Yet his letter does read like a hostage confession to students who had screamed, punched fire alarms and jumped on cars.

    What happened to those students? A Middlebury spokesman says more than 30 students have “accepted disciplinary sanctions,” though he won’t offer details. That could mean the dean invited folks to discuss their hurt feelings, when the correct punishment for violence is suspension or expulsion.

    Meanwhile, the Middlebury faculty is divided over endorsing free-speech principles that the University of Chicago, Purdue University and others have adopted. The fallout from Mr. Murray’s visit has dragged on for nearly two months, but the drama will continue until the administration decides to restore order, punish offenders and govern the place as adults.
    Appeared in the Apr. 25, 2017, print edition.
    April 24, 2017 7:17 p.m. ET

  15. Same bill as in 2015?

    “In the old days, if you shot or beat someone with a baseball bat, you had to prove you had a good reason for doing so.

    “Makes sense, right?

    “Not to Gunshine State legislators, who want to flip the burden of proof so that anyone who claims self-defense is essentially assumed to be telling the truth unless the state can prove otherwise, often in a pre-trial immunity hearing.”

    Nutty stuff – making a defense that must be proved by the accused to an affirmative defense that must be disproved by the prosecution.  This is NRA all the way.

  16. Flatus, I don’t get the protests against speakers on campus.  I realize that the speech might be offensive, but that’s what the 1st Amendment really protects.  Inoffensive speech needs no protection.

  17. Pogo

    sure looks that way to me

    The speeches that people object to are not the ones when people freely express even obnoxious statements but the ones where known liars stalkers and general provocateurs who do things like expose transgender and gay members of the community.  It’s not a free speech issue

  18. “All she can say is that her father hired women….” – Ms Cracker

    johns hire women. The mere hiring of women is not good per se. The good of hiring is dependent on the tasks to be performed, the pay, and a few other things.

    Show us the tax returns and the mattress.

  19. KGC – plenty of tweets with much fun being had, best one I’ve seen so far had a cropped picture of the women on the dais with the line: Power women – Chancellor of Germany, Head of IMF, unqualified jewelry seller.

  20. White House rejects Oversight request for Flynn documents
    The Trump administration has denied a request from the House Oversight Committee for more information on payments that former national security adviser Michael Flynn received from foreign governments, including from the Kremlin-backed television station RT and other Russian firms.
    Legislative affairs director Marc Short argued that the committee was requesting both documents that are not in possession of the White House because they involved Flynn’s activity prior to President Trump’s Jan. 20 inauguration and others that involved sensitive information.
    “It is unclear how such documents would be relevant to the stated purpose of the committee’s review, which according to your letter is to examine Lt. Gen. Flynn’s disclosure of payments related to activities that occurred in 2015 and 2016, prior to his service in the White House,” Short wrote in a letter dated April 19, sent to committee leaders.

    In March, the committee sent a letter to the White House and the Defense Department demanding a range of records related to the payments Flynn, who also worked on Trump’s campaign and presidential transition, received.
    On Tuesday morning, the committee reviewed a batch of documents responsive to the request from the Pentagon, behind closed doors.
    Flynn did not list the payments from Russian companies in his original financial disclosure forms submitted in February. He filed an amended disclosure last month reporting payments for speeches from three Russian-linked companies, including RT, but the move has remained under scrutiny amidst the FBI’s ongoing investigation into possible coordination between the Trump campaign and Russia during the election.
    Flynn was forced to resign in February after it came to light that he had misled Vice President Pence and the public about the content of a phone call with Russian Ambassador Sergey Kislyac.
    The former intelligence official has offered to testify before the Senate and House Intelligence committees — which are both investigating Russian interference in the election — in exchange for immunity, but neither committee has accepted the offer.
    Oversight Committee Chairman Jason Chaffetz (R-Utah) had recently suggested that Flynn could potentially be on the hook for tens of thousands of dollars in remittance to the U.S. government.

  21. Mr Flatus,

    If the defense attorney is competent and awake, a recording, submitted without a person to testify, who was present when it was made, on the circumstances of the recording, is usually of little use to a prosecutor. The exceptions are set cameras, such as security cams and police dash cams, for which the installer, the A/V engineer, or some other expert can testify.
    Voice recordings tend to be more problematic than videos. Tend.

  22. Gunshine State legislators, who want to flip the burden of proof so that anyone who claims self-defense is essentially assumed to be telling the truth unless the state can prove otherwise, often in a pre-trial immunity hearing. – from Mr Pogo’s 11:35 post

    YES, this essentially makes a 1st degree murder case of every homicide prosecution – and in a pre-trial hearing !

  23. XR and Pogo

    There’s another WSJ oped piece by an orthodox rabbi who finally left the Air Force after he lost appeals begging for permission to wear his yarmulke while on duty (he had done it for several years until someone objected). It gets to the heart of the rule of law v the law of rules.

     

  24. From the Sentinel piece:

    Archer said the law would essentially force prosecutors to try every case twice — once to validate self-defense claims and then again for the actual trial — a costly hurdle for prosecutors “even if it is obviously not a viable self-defense claim. Every defendant in every case is going to ask for it.”

    To “validate” something that is presumed to be true. I should think such a hearing would be called to invalidate a self-defense claim when developed evidence clearly shows it to be illusory. If no such evidence exists, why even hold the hearing?

  25. Or a merkin. And what about the Sikh members? Or other members who are reluctant to exhibit the exhibit the visible trappings of adherence of their particular faiths?

  26. Head gear is part of the uniform, you can only wear what is authorized.  Several years ago Sheiks were permitted to wear their turban, but it is not like a yarmulk.  When I was in, 72-76, the “conflict” was boots and uniforms.  There was a purge of all that was not regulation.  I only bought mine, USAF had to purchase our uniforms, at the clothing issue store, and never cared much for flashy jump boots.  Good old combats for me.  A good pair of boots was always important for happiness.

  27. Flatus,  my problem with the FL law is precisely that the self-defense claim, when raised, is presumed to be true.  Now I get what you are saying, and if I understand the law (and it’s the same as the 2015 law) – the Prosecutor must in the threshold hearing INvalidate the presumptively valid self defense claim.  It turns the burden of proof for the claim on its head.  We have that same shifted burden of proof in abuse and neglect cases here if there is an unexplained injury.  The parent must effectively prove he/she didn’t cause the injury or risk having his/her parental rights terminated. I find it to be nuts.

  28. XR

    In line with my population concerns, I’m sticking with Swift’s original solution and just taking up long pork BBQ with a side of fava beans and a good chianti.

     

  29. The bottom 10 Presidents have been set for awhile.  Only 100 days in and it looks as if Donald Trump will be giving George Bush a promotion to average.  The question is where will he rank among the rank.   More of what they did wrong on the link.

    1.  James Buchanan

    2. Warren G. Harding

    3.  Andrew Johnson

    4. Franklin Pierce

    5. William Henry Harrison

    6. Millard Fillmore

    7. John Tyler

    8. Ulysses S. Grant

    9. Zachary Taylor

    10. George W. Bush

  30. Japan warns citizens they might have only 10 minutes to prepare for a North Korean missile
    TOKYO — North Korea might be talking about building missiles that can reach the United States, but Kim Jong Un’s regime already has lots of missiles that can reach Japan. So the Japanese government is preparing its citizens in case a missile comes their way — possibly with less than 10 minutes’ warning.

    The prime minister’s office issued new “actions to protect yourself” guidelines this week, including for the first time instructions on how to respond if a North Korean ballistic missile is heading toward Japan.

    […..]

    The central government has also been holding meetings to instruct local governments what they should do if a North Korean missile hits their region.

    This meeting was unprecedented in post-war Japan, the Asahi Shimbun newspaper reported, marking the first time the Japanese government has taken steps to instruct residents on how to prepare for enemy attacks.

    [….]

    Japan has a system called “J-Alert” designed to broadcast information about an imminent missile attack to disaster management officials at the local level. Here’s how The Japan Times described the system:

    From there, local governments will relay warnings via outdoor loudspeaker systems, emergency broadcast channels on cable TV, FM radio broadcasts and cellphone alerts.

    If you are outside when a warning is sounded or received, the government’s advice is to proceed calmly to the strongest concrete building you can quickly get to, or to go underground, if possible. Families in their homes are advised to stay low to the floor, take cover underneath tables and to stay away from glass windows.

    But Osaka Mayor Hirofumi Yoshimura said that there would be almost no time to respond to a North Korean missile.

  31. Meanwhile, turkey is still killing the Peshmerga…trump calls erdogan to congratulation him on his sultan demagoguery while flynn failed to disclose his turkey consulting job…guiliani probably would have had the same problems as flynn.  Dirty hands of the trump gang.  chaffetz is also dirty.  his tune has changed from when he wanted to go after clinton rather than pursue an investigation into the corruption in the WH. he probably did get some benefit from persecuting clinton,from most likely a ruskie operative.    Now he has to punish flynn.  Band of thieves.

  32. Jamie,

    You reminded me of an episode in Goodwin’s The Janissary Tree, when the Sultan’s Snoop finds an overdone Frenchman on the rotisserie. Hannibal Lecter would not have been amused.

  33. bw, at first thought you meant “pond scum”…. but guess that would be more apt reference to the one deploying the decoys

  34. Judge blocks part of Trump’s sanctuary cities executive order

    Washington (CNN) A federal judge on Tuesday blocked the Trump administration from enforcing a threat to take away funds from sanctuary cities — the latest blow from the federal judiciary to President Donald Trump’s immigration agenda.

    In a ruling delivered Thursday, Judge William H. Orrick sided with Santa Clara, the city of San San Francisco and other cities, who argued that a threat to take away federal funds from cities that do not cooperate with some federal immigration enforcement could be unconstitutional.
    In granting a nationwide injunction, Orrick blocked the government from enforcing a key portion of Trump’s January executive order on immigration, which ordered the Department of Homeland Security and Justice Department to block cities who do not cooperate with federal immigration enforcement from receiving federal funds.

    While Orrick’s ruling does not find the policy unconstitutional, he did find that the counties and cities that challenged the law demonstrated they could face “immediate irreparable harm” if the policy were allowed to be put into place, and that their constitutional challenge could succeed once the case is fully heard.

    He did leave the government some wiggle room, saying that his order does not block the government from enforcing conditions on federal grants nor does it block the government from creating a definition of sanctuary jurisdictions — but the government will not be able to block federal funds from going to those cities as Trump ordered.

  35. It’s all figured out. USAA, knowing that I’ve done my taxes for the year, sent me my 6-month bill for my car insurance which just about exactly equals one months social security check. I’ll save more of those checks for the months Oct thru January when the car hits one more time, the house insurance, umbrella policy and finally, property taxes. If I save everything in between I should have enough for Christmas and birthday presents. XR, have you been advising Uncle Sam on how to do this? Seriously, such a bargain we have; if we manage, as have I, surviving until retirement we live in freedom with a fighting chance to have food in our stomachs and friends on our ‘net.

    Now, all I need is…

  36. Republicans finalize new Obamacare repeal proposal – POLITICO

    https://apple.news/ARgCzt0yZQ8ahMJipUgV6Cw

     

    The Ryan/Trumpco Crap-on-Cracker Plan:

    “The new plan would let states decline to require insurers to offer a minimum set of benefits and provisions allowing health plans to charge people more based on their age and health status. States can also opt out of enforcing a 30 percent surcharge for people who don’t maintain insurance coverage but later seek to get covered again, according to a brief update sent to Energy and Commerce members. That’s the policy that the Republicans would use to replace the Obamacare individual mandate.

    In exchange, states would have to set up a high-risk pool, presumably to push back on expected criticisms that the GOP plan would not help people with pre-existing conditions.”

     

     

  37. Oh, Mr Flatus, how flattering that you think I could arrange ANYthing with your Uncle Samuel !
    Oh, how I wish. sigh

  38. As a lousy presidents go, W. H. Harrison didn’t live long enough to be lousy. I’d replace his name with that of g. h. w. bush or richard nixon or both. Add herb hoover for a damnable dozen.

  39. I’m waiting for the day that The Orange Horror gets his Twitter and Tinder accounts mixed up.

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