Category Archives: US Constitution

Kyle Rittenhouse and the Left’s Terrifying Assault on Due Process

Well written article which captures much of what I have been saying and fearing for America. If freedom-loving citizens do not become more engaged to protect our Constitution and rights, we will deserve what we get. mrossol

WSJ, By Gerard Baker, 

The unhinged reaction from the left to Kyle Rittenhouse’s acquittal last week is easily dismissed as a glimpse into the rancid minds and rabid hearts of the ideological brigands of modern progressivism.

But it may offer clarity about the real threat posed by the Democratic Party and its fellow travelers to the values and institutions that have made America the most successful democratic republic in history.


With varying degrees of apoplexy, from President Biden on down, the party’s leaders and its allies emphasized their dismay with or rage at the decision by 12 of Mr. Rittenhouse’s peers, after due deliberation, unanimously to find him not guilty of first-degree murder and lesser charges in the killings of two men and wounding of a third during the August 2020 riots in Kenosha, Wis.

Mr. Biden, proving himself once again the consummate moral weakling, first declared his respect for the jury’s verdict, then pronounced himself—no doubt after consultation with his handlers—“angry and concerned.”

While the follow-up statement paid lip service to the idea that a jury’s decision should be respected, the more striking message was that remarkable emotional response to its unanimous decision.

The president’s politically motivated disregard for the rights of accused defendants is well documented by now. He had already included the young man among a video montage of “white supremacists” during his memorably “healing” campaign for the presidency. He also told the nation he was “praying for the right verdict” as the jury deliberated in April before convicting Derek Chauvin for the murder of George Floyd. Running commentary on the guilt of criminal defendants is despicable when offered by barroom braggarts, but when it comes from the most powerful man on the planet it amounts to reckless endangerment of the rights of his fellow citizens.

But that’s the point.

In the minds of the ranting radicals of the Squad or MSNBC, dimly repeated by the president, these so-called rights—presumption of innocence, due process, trial by jury, proof of guilt beyond a reasonable doubt, etc., are not the bedrock legal protections against overweening authority the Anglo-Saxon jurisprudence has deemed them to be. In the minds of the regnant left when they find the defendant unsympathetic, they are inconveniences, fetishized excrescences of judicial process that obstruct and subvert the larger and more important objective of social justice. In this increasingly popular account on the left, they are the armor with which the capitalist white supremacists protect their hegemony. As such they can be dismissed.

And so people like House Judiciary Chairman Jerrold Nadler, the Democratic congressman, his own intellectual vacuity helpfully filled in by Harvard law professor Laurence Tribe, can demand that Mr. Rittenhouse face further prosecution under spurious civil-rights precepts designed to undo the principle of double jeopardy.

So too do the president and his party demonstrate disdain for other niceties of the law: extending the Covid eviction moratorium Mr. Biden knew was unconstitutional, imposing a blanket vaccine mandate on employers in the face of widespread advice that it wouldn’t pass legal muster.

It’s hard to resist the conclusion that the intention behind the denunciation by some of the left of the Rittenhouse verdict reflected an even darker instinct. Though the president himself called for restraint, some of the loud condemnations sounded like incitement of more of the kind of behavior that characterized the Kenosha riots in the first place. Rep. Cori Bush of Missouri tweeted: “The judge. The jury. The defendant. It’s white supremacy in action”—just as California’s Maxine Waters had promised unrest if the Chauvin verdict went the wrong way.

This is what the pernicious doctrines of the modern progressive identity left look like in practice. The “critical theory” they subscribe to says real justice cannot be delivered by a court, presided over by a judge whose outcome is determined by a dispassionate jury, since the entire structure is itself the product of racism, oppression and discrimination.

What they want is revolutionary justice. The legal system’s verdict will be supplanted by the people’s judgment so that someone like Mr. Rittenhouse will pay for his crime of defending himself and the property of others against the people’s paramilitary.

These same people professed outrage when a Republican-supporting mob attempted to subvert a constitutional process. Genuine democrats condemn both sorts of lawlessness.

Juries sometimes reach the wrong verdict. But no one who watched critical phases of the Kenosha trial can honestly assert that the evidence proved the defendant’s guilt beyond a reasonable doubt. Far from representing some malign flaw in the legal process, it showed the system working at its best.

If the left’s reaction to this case doesn’t scare you, I am afraid you don’t understand what it represents, or how rapidly and how far the poison of this subversive and illiberal dogma has already spread through a political movement and ideology we once called liberal.


The FBI’s Raid on James O’Keefe

WSJ  11/18/2021

Attorney General Merrick Garland still refuses to retract the memo he sent last month instructing the Department of Justice to scrutinize parents protesting at local school board meetings. Now his department may have committed another civil-liberties abuse with its raid on Project Veritas leader James O’Keefe.

Project Veritas is a right-wing media organization known for going undercover inside progressive institutions and using its findings to embarrass them. Early morning a week ago Saturday, FBI agents raided Mr. O’Keefe’s New York apartment, handcuffed him in the hallway and seized two cell phones. He has not been charged with a crime.

The subject of the investigation is apparently a diary believed to belong to President Biden’s daughter, Ashley Biden. Project Veritas says it was given the diary by two individuals last year and chose not to publish it because its authenticity couldn’t be verified, then handed it over to law enforcement. The diary was later published by an obscure website.

It’s settled law that it’s not a crime for journalists to publish information that was obtained unlawfully. If it was a crime, most of America’s largest news organizations would be criminal enterprises. Project Veritas says the people who gave the group the diary said it was not stolen. How the diary was obtained, and how it came to be published by a different website, is still murky.

Yet the search warrant says Justice is investigating “possession of stolen goods” and related offenses, suggesting Project Veritas or its employees may be targets. Imagine if the Trump Administration raided New York Times editors’ homes after the publication of the President’s tax records—or even for an investigation into documents they did not ultimately publish.

Nothing that invasive ever happened. But partly in response to the furor over the Trump Administration’s supposed threat to press freedom, Mr. Garland published guidelines in July narrowing Justice’s ability to seize information from reporters. The policy said Justice “will no longer use compulsory legal process” against journalists “acting within the scope of newsgathering activities.”

There are exceptions for things like the threat of imminent terrorist acts, or where a reporter “has used criminal methods, such as breaking and entering” to obtain information. Mr. Garland’s deputy must also approve any searches.

The seizure of Mr. O’Keefe’s phones gives the FBI access to all of Project Veritas’ investigations, not just records related to the diary. When Mr. O’Keefe’s lawyer asked the government after the raid to pause its search for a day to address legal issues regarding “attorney client privileged information, material protected by the First Amendment, and confidential donor information,” the government refused.

Last Thursday federal Judge Analisa Torres ordered the government to pause. She’ll consider Mr. O’Keefe’s motion to have a court-appointed “special master” keep the FBI from snooping on protected records.

The government also confirmed in correspondence with Mr. O’Keefe’s attorney that it “complied with all applicable regulations and policies regarding potential members of the news media”—meaning Mr. Garland’s guidance—in executing the search warrant.

That suggests Mr. Garland’s policy supposedly expanding press protections does the opposite. Reporters who obtain potentially stolen documents related to a public figure may be subject to the same treatment as Mr. O’Keefe—homes raided and devices seized and searched with no special dispensation for journalistic activity.

Journalism isn’t a shield against lawbreaking, and if Mr. O’Keefe committed a crime in obtaining the diary, he is subject to prosecution. We don’t agree with or practice all of Mr. O’Keefe’s methods, but what he does is reporting that qualifies as journalism.

The circumstances of the FBI raid were punitive. Project Veritas was in the process of complying with a subpoena. On Monday the Reporters Committee for Freedom of the Press filed a motion for the court to unseal the documents that were the basis for the search warrant.

Those documents better contain very strong evidence of a crime committed by Project Veritas to justify this behavior by a Democratic Administration toward a journalist. If not, the seizure of Mr. O’Keefe’s records is another abuse of civil liberties by Mr. Garland’s department, and Congress ought to ask what the Attorney General knew about it.


Understanding Jacobson v. Massachusetts – Health Freedom Defense Fund

Understanding Jacobson v. Massachusetts

Extremely well written and well documented with references. Thank you!! HFDF. mrossol

November 14, 2021 / Freedom, Legal Interpretation

By HFDF General Counsel George Wentz, Davillier Law Group and Leslie Manookian, President of HFDF

The seminal case on mandatory vaccinations is Jacobson v. Massachusetts, 197 U.S. 11 (1905). In Jacobson, the U.S. Supreme Court upheld the conviction of Reverend Jacobson of Cambridge under a Massachusetts statute requiring “inhabitants of a city or town to be vaccinated only when, in the opinion of the Board of Health, that was necessary for the public health or the public safety”. 197 U.S. at 27.[i] The Court stated that:

According to settled principles, the police power of a State must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety. It is equally true that the State may invest local bodies called into existence for purposes of local administration with authority in some appropriate way to safeguard the public health and the public safety. The mode or manner in which those results are to be accomplished is within the discretion of the State, subject, of course, so far as Federal power is concerned, only to the condition that no rule prescribed by a State, nor any regulation adopted by a local governmental agency acting under the sanction of state legislation, shall contravene the Constitution of the United States or infringe any right granted or secured by that instrument. A local enactment or regulation, even if based on the acknowledged police powers of a State, must always yield in case of conflict with the exercise by the General Government of any power it possesses under the Constitution, or with any right which that instrument gives or secures. 197 U.S. at 25 (citations omitted).

Reverend Jacobson argued that “his liberty is invaded when the State subjects him to fine or imprisonment for neglecting or refusing to submit to vaccination; that a compulsory vaccination law is unreasonable, arbitrary and oppressive, and, therefore, hostile to the inherent right of every freeman to care for his own body and health in such way as to him seems best, and that the execution of such a law against one who objects to vaccination, no matter for what reason, is nothing short of an assault upon his person.” The Court rejected this argument based upon inherent individual liberty, stating that:

[T]he liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good. On any other basis, organized society could not exist with safety to its members. Society based on the rule that each one is a law unto himself would soon be confronted with disorder and anarchy. Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others.

Jacobson thus framed the question on the basis of two fundamental and thorny issues in U.S. Constitutional law: Federalism (where do we draw the line between the power of a state and the power of the federal government) and the Social Compact (where do we draw the line between the rights of the individual and the rights of the community). The Court ruled that the Massachusetts statute was not contrary to any federal authority, and that Jacobson’s rights had to yield to the rights of the community. But it did so on the facts of the case before it.

  • The Court noted that the legislature had allowed local boards of health to determine whether a vaccine was required. The edict was not state-wide, but was instituted at the local level based on facts as determined by members of the board of health living in the local community.
  • The case involved the extremely deadly disease of smallpox, a disease with a fatality rate of 30-40%. The Court reasoned that “in every well-ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand.” 197 U.S. at 30 (emphasis added).
  • Despite the acknowledged threat of smallpox, however, the Court specifically reserved the right to intervene on the side of individual rights in a future case if the facts warranted it.   

Smallpox being prevalent and increasing at Cambridge, the court would usurp the functions of another branch of government if it adjudged, as a matter of law, that the mode adopted under the sanction of the State, to protect the people at large was arbitrary and not justified by the necessities of the case. We say necessities of the case because it might be that an acknowledged power of a local community to protect itself against an epidemic threatening the safety of all, might be exercised in particular circumstances and in reference to particular persons in such an arbitrary, unreasonable manner, or might go so far beyond what was reasonably required for the safety of the public, as to authorize or compel the courts to interfere for the protection of such persons. 197 U.S. at 28 (emphasis added).

  • The Court went on to acknowledge that “[t]here is, of course, a sphere within which the individual may assert the supremacy of his own will and rightfully dispute the authority of any human government, especially of any free government existing under a written constitution, to interfere with the exercise of that will.” 197 U.S. at 29.

The Court was careful in its language. Therefore, it is important to understand what Jacobson does not stand for.

First, contrary to recent public statements by Professor Alan Dershowitz, the case does not stand for the proposition that “the state has the power to literally take you to a doctor’s office and plunge a needle into your arm.” To the contrary, what the case demonstrates is that a person refusing to accept a vaccine may be convicted and pay a penalty. Jacobson was never vaccinated, which was why he was convicted.

Second, the case does not stand for the proposition that any statewide edict mandating vaccinations is valid. It instead stands for the proposition that a conviction for violating a locally promulgated ordinance mandating vaccinations under “pressure of great dangers” and under “reasonable regulations” may be upheld. Absent the pressure of great dangers or where regulations may be unreasonable, the Court specifically reserved the right to step in and strike down the law. Thus, the Court balanced the interests of the state in reasonably protecting its citizens from great danger against the individual liberty interest asserted by Jacobson, and under the circumstances presented, sided with the perceived interests of the common good against the liberty interest of the individual.

Third, Jacobson has nothing whatsoever to do with whether the federal government has the power to mandate a national forced vaccination program. Indeed, the case upheld an ordinance issued on the most local of levels, that of a local Board of Health. The validity of a national forced vaccination program is another question altogether, and would be a case of first impression by the Court.

What Jacobson said,[ii] based on the scientific, moral, and ethical understanding of vaccinations and forced medicine extant in 1905, is that the police powers of state governments include the power to delegate to municipal governments the right to mandate vaccinations where, under a balancing test, the pressure of great dangers overrides individual liberty interests, and the regulation is reasonable.

Jacobson preceded the Court’s adoption of a substantive due process analysis under the 14th Amendment. Those cases have added judicial gloss to the Jacobson opinion that is relevant to challenging a mandatory vaccination for COVID-19 but which we will not address herein.

It goes without saying that much has changed since Jacobson in 1905. There was poor, if any, understanding of the harm caused by vaccinations as this decades before the National Childhood Injury Act of 1986[iii] was signed into law by President Ronald Reagan, recognizing that vaccines injure and kill some recipients and thereby adding much needed color to any discussion of mandated vaccinations.

Jacobson also predated the horrors of medical experimentation conducted under the Nazis of which the world only became aware after WWII during the Nuremberg Trials which led to the adoption of the Nuremberg Code. Among other requirements, the Nuremberg Code[iv] demands,

“The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision.”

International Treaties agreed since Nuremberg have only reinforced the ethical principle which underlies the practice of ethical medicine, namely voluntary informed consent. The Declaration of Helsinki by the World Medical Association in 1964 provides that human subjects “must be volunteers and informed participants in the research project.” In 2005, the General Conference of UNESCO adopted the Universal Declaration on Bioethics and Human Rights[v] further raising the bar for the practice of ethical medicine by stating that, “Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information.”

While Jacobson is very clear that state action in relation to medical mandates must surpass a very high bar, the intervening century plus since Jacobson has changed not only the ethical landscape pertaining to the practice of medicine but also our scientific understanding of the risk and harms posed by vaccines. It is clear that Jacobson is due for an update based on the progress made by humanity since 1905.

[i] The statute at issue read: “Boards of health, if in their opinion it is necessary for public health or safety, shall require and enforce the vaccination and revaccination of all the inhabitants of their towns, and shall provide them with the means of free vaccination. Whoever refuses or neglects to comply with such requirement shall forfeit five dollars.”

[ii] In Zucht v. King, 260 U.S. 174, 176 (1922) (holding that vaccination laws do not discriminate against schoolchildren to the exclusion of others similarly situated, i.e., children not enrolled in school) the Court stated:

Long before this suit was instituted, Jacobson v. Massachusetts, 197 U.S. 11, had settled that it is within the police power of a State to provide for compulsory vaccination. That case and others had also settled that a State may, consistently with the Federal Constitution, delegate to a municipality authority to determine under what conditions health regulations shall become operative.

Zucht v. King, 260 U.S. 174, 176. See also, Prince v. Massachusetts, 321 U.S. 158 (1944) (holding that the right to practice religion does not include the liberty to jeopardize the wellbeing of minors by violating child labor laws). Most recently, in South Bay United Pentecostal Church v. Newsom, 590 U.S. ___ (2020) the Court relied upon Jacobson to deny an application for injunctive relief with regard to COVID-19 restrictions on in person worship services, stating:

Our Constitution principally entrusts “[t]he safety and the health of the people” to the politically accountable officials of the States “to guard and protect.” Jacobson v. Massachusetts, 197 U. S. 11, 38 (1905). When those officials “undertake[ ] to act in areas fraught with medical and scientific uncertainties,” their latitude “must be especially broad.” Marshall v. United States, 414 U. S. 417, 427 (1974). Where those broad limits are not exceeded, they should not be subject to second-guessing by an “unelected federal judiciary,” which lacks the background, competence, and expertise to assess public health and is not accountable to the people. See Garcia v. San Antonio Metropolitan Transit Authority, 469 U. S. 528, 545 (1985).  





Florida Mom Compares DOJ Using FBI Against Parents to ‘Dogs and Water Hoses Against Black Americans Fighting for Civil Rights’

The Epoch Times  10/9/2021  By Patricia Tolson  

The National School Boards Association (NSBA) recently characterized the effort of parents who engage in passionate opposition to forced masking and the indoctrination of their children through critical race theory (CRT) as a form of “domestic terrorism.” In response, a Florida mom equates the weaponization of the Federal Bureau of Investigation (FBI) against parents trying to protect their children to “using dogs and water hoses on black Americans fighting for civil rights.”

How it Began

On Oct. 4, Attorney General Merrick Garland issued a memo instructing the director of the FBI addressing what he described as “a disturbing spike in harassment, intimidation, and threats of violence against school administrators, board members, teachers, and staff who participate in the vital work of running our nation’s public schools.”

The memo was in response to a Sept. 29 letter (pdf) from the NSBA to the Biden administration comparing what it describes as “attacks against school board members and educators for approving policies for masks to protect the health and safety of students and school employees” and “physical threats because of propaganda purporting the false inclusion of critical race theory within classroom instruction and curricula” as “equivalent to a form of domestic terrorism and hate crimes.”

For this, the NSBA’s letter “specifically solicits the expertise and resources of the U.S. Department of Justice, FBI, U.S. Department of Homeland Security, U.S. Secret Service, and its National Threat Assessment Center regarding the level of risk to public school children, educators, board members, and facilities/campuses.”

The NSBA also requested “assistance of the U.S. Postal Inspection Service to intervene against threatening letters and cyberbullying attacks that have been transmitted to students, school board members, district administrators, and other educators.”

“While spirited debate about policy matters is protected under our Constitution, that protection does not extend to threats of violence or efforts to intimidate individuals based on their views” Garland stated in his memo to the FBI. “Threats against public servants are not only illegal, they run counter to our nation’s core values. Those who dedicate their time and energy to ensuring that our children receive a proper education in a safe environment deserve to be able to do their work without fear for their safety.”

Parents Speak Out

According to Quisha King, the government knows that the growing number of parents who are going to school board meetings to voice their opinions against CRT are gaining a lot of attention, and “they want to do everything possible to shut that down.”

King—the Florida mom whose comments before the Duval County School Board went viral on social media in June—said the school board members who are determined to push their agenda are now so desperate to stop the momentum of the parents who oppose them “they will use the government against its own people” to silence them.

“We probably never thought that would happen in America,” King told The Epoch Times. “It’s outrageous.”

A file photo of Quisha King. (Courtesy of Quisha King)
A file photo of Quisha King. (Courtesy of Quisha King)

Asked if the threat to use the FBI to treat parents who oppose CRT at school board meetings as domestic terrorists would dissuade her from speaking out in the future, King said “absolutely not.”

“In fact, I think this is going to backfire,” King asserted. “You’re going to see even more parents. Of all sides of the political spectrum, come out and say ‘wait a minute, the FBI is coming after parents who just want to give their children the best life possible.’ This isn’t going to dissuade us. It’s only going to rally more of us.”

While King concedes there may have been instances of parents expressing anger at meetings or sending inappropriate emails, she is unaware of anyone erupting into violence or harming any school board members. King also said the threat to use the power of the FBI to shut down parents who are turning out in increasing numbers to stand up for their children at school board meetings is only going to open the eyes of parents who have “been teetering” on the idea of pulling their children from public schools altogether and finally “tip them over the edge.”

During her speech at Thursday’s Family Research Council’s annual Pray Vote Stand Summit, King received an extended standing ovation when she suggested parents stage a “mass exodus” from the public system. Asked to expand on that statement, King said she has already begun working on the idea by speaking to parents who may be hesitant and working with them to find solutions before setting a specific date to stage the “mass exodus” on a national level.

“Anyone who is involved in wanting to have freedom and liberty in this country and believes in what this country stands for is being attacked,” Duval County, Florida, resident April Carney told The Epoch Times, saying part of the reason why she chose to run for a position on the school board is because the choices of parents are systematically being taken away.

“Those of us who are parents and are thoroughly involved in our child’s education, we want to be included in the decision making  process regarding the curriculum and the rules and regulations that are being put in place in schools,” Carney said. “That has completely stopped. There’s been too much activism brought into the classroom and not enough emphasis on reading, writing and arithmetic, science and our students are failing because of that.”

Karen Schoen at home in Flagler County Florida in 2017.
Karen Schoen at home in Flagler County Florida in 2017. (Photo courtesy of Karen Schoen)

“Our first problem as Americans is we aren’t naming the enemy,” Karen Schoen, a former educator and dean in the New York school system told The Epoch Times, suggesting that the real enemy are the “globalist communists” seated in positions of power on both sides of the political aisle.

“Communism cannot have opposition or dissent,” Schoen insisted. “They will not tolerate anybody who calls them out, and now that Americans are fighting back they are weaponizing government agencies to shut down any dissent.”

“We don’t want to co-parent with the government,” Jessico Bowman told The Epoch Times. “We want to be involved in our children’s education and upbringing because that’s our responsibility.”

“If the DOJ wants to classify that as domestic terrorism that’s really the DOJ’s problem,” Charles Bowman added, saying that when it comes down to it, the community will rally together. “We are going to voice our opinion and we are going to support the people who want to voice their opinions.”

“Who gets to decide what’s a threat versus just an angry parent speaking out?” Jessico asked. “Do we trust them [the government] to make that determination for us at the federal level?”

Charles and Jessico Bowman participating in the October "ground game" ahead of the 2020 election in Lake County, Fla.
Charles and Jessico Bowman participating in the October “ground game” as members of the Republican Liberty Caucus ahead of the 2020 election in Lake County, Fla. (Photo courtesy of Charles and Jessico Bowman)

“If you as parents are not going to advocate for the best interests of your children then who will,” Charles interjected. “Like Jessico said, we’re not interested in co-parenting with the government at all. But it is our responsibility as parents to make sure our children are safe. If we don’t, we can be labeled as cowards.”

As The Epoch Times reported in August, the Bowmans were recently embroiled in a struggle with the Flagler County school system regarding a surprise, random, haphazard COVID-19 protocol that had children being sent to isolation rooms, quarantined at home with requirements to undergo a series of COVID-19 tests and leaving confused parents scrambling to make sense of it all.

“They don’t want people speaking their mind,” Charles said. “They don’t want people having a voice in this process. This has always been part of the left’s playground in the public education system, so here you are, they’ve rattled the right to the point where conservatives are getting involved. Now they’re trying to figure out how to get the conservatives quiet again. They’ve overstepped, and now they’re trying to figure out how to regain control over the sandbox.

Conservative Organizations Join Parents

“What the NSBA did, requesting that the FBI weaponize the federal government against parents and grandparents is not only a strict violation of the First Amendment, it is the most egregious abuse of power I have seen recently,” Keith Flaugh, founder of the Florida Citizens Alliance told The Epoch Times.

Keith Flaugh speaks at Florida Citizens Alliance Gala in Feb. 2020.
Keith Flaugh speaks at Florida Citizens Alliance Gala in Ocala, Feb. 2020. (Photo courtesy of Keith Flaugh)

“We are big supporters of the Tenth Amendment,” Flaugh added, “and I think this is going to force the issue of governors like Ron DeSantis to use the Tenth Amendment.”

The Tenth Amendment—passed by Congress on Sept. 25, 1789 and ratified Dec. 15, 1791—states that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Flaugh further stated that this effort to use the power of the government against its own citizens is “also a beacon call to every constitutional sheriff in the country.”

“A constitutional sheriff has the legal authority and duty to interpose against the federal government when they are overreaching their constitutional authority,” Flaugh explained. “We’ve got a federal government that’s completely out of control and we’ve seen it manifest itself on a number of fronts. This is just the latest and most egregious. It is literally weaponizing the federal government against its citizens. And even though it will probably make me one of their targets I will be urging people to stand up and say I will not comply.”

“We’re urging people to do it peacefully,” Flaugh clarified, “but at the end of the day, I will not comply, period. Full stop.”

In an Oct. 7 letter (pdf) addressed to The Hon. Michael E. Horowitz, Inspector General for the Department of Justice, Reed D. Rubinstein, Senior Counselor and Director of Oversight and Investigations for the America First Legal (AFL) Foundation formally requested an “Investigation Regarding Potential Improprieties Related to the October 4, 2021, Attorney General’s Memorandum.”

“The Supreme Court has repeatedly recognized American parents’ fundamental liberty interest in and Constitutional right to control and direct the education of their own children,” Rubinstein states in the letter. However, Rubenstein asserts that the DOJ appears to be “committing the full weight of its federal law enforcement resources to prevent parents from exercising constitutionally-protected rights and privileges, for inappropriate partisan purposes.”

In addition, under the Freedom of Information Act, the AFL Foundation has also filed a request (pdf) for the following documents:

  1. All records of, concerning, or regarding (1) the Garland Memorandum and/or (2) the NSBA Letter.
  2. All records sufficient to show each person within the Department who reviewed (1) the Garland Memorandum and/or (2) the NSBA Letter.
  3. All records created by the Department showing the “disturbing spike in harassment, intimidation, and threats of violence” referenced in the Garland Memorandum.
  4. All records the Department relied upon to support the Garland Memorandum statement “there has been a disturbing spike in harassment, intimidation, and threats of violence against school administrators, board members, teachers, and staff who participate in the vital work of running our nation’s public schools.”
  5. All records created by the Department showing “the rise in criminal conduct directed toward school personnel” referenced in the Garland Memorandum.
  6. All records the Department relied upon to support the Garland Memorandum statement there has been “a rise in criminal conduct directed toward school personnel.”
  7. All records sufficient to show the Department’s understanding and interpretation of the term “intimidation and harassment” used in the Garland Memorandum.
  8. All communications from, with, or regarding any person employed by the National Education Association and/or the American Federation of Teachers.
  9. All communications with any person having an email address including regarding (1) the Garland Memorandum, (2) the NSBA, (3) the NSBA Letter, the National Education Association and/or the American Federation of Teachers and/or (5) any person employed by the National Education Association and/or the American Federation of Teachers.

Asked about the optics of FBI agents descending upon school board meetings to drag parents away from podiums, King was forthright in her prediction.

“It will be reminiscent of using dogs and water hoses on black Americans who were fighting for civil rights,” she said bluntly.

The Epoch Times reached out to the NSBA and FBI for comment.

Patricia Tolson

Patricia Tolson