How Intelligence Works (When it Does)

posted in: National Defense | 0

This article is from Hillsdale College’s Imprimis. To view the original, click here: Imprimis.

The key to producing good intelligence lies in asking the right question, rather than in just poring over what’s been randomly collected in hopes that somewhere in the pile of reports and intercepts on your desk you’ll spot something important.

The article How Intelligence Works (When it Does) originally appeared on Imprimis.

Trump’s EO-Protection Order and Proposed Constitutional Gambit

Ref: State of Washington vs Donald J Trump, et al. Judge Robart Presiding; Court rules in favor of the Temporary Restraining Order.


SCL Comment:

The Rule of Law

Before starting, we need to get straight what “the rule of law” means.

WHAT THE RULE OF LAW MEANS: In America, the rule of law means the Constitution. The Constitution is the Supreme Law of the Land and reigns supreme over ALL federal activity, legislative, executive, and judicial. Any federal law or federal court ruling that conforms with the Constitution is also the Supreme Law of the Land.

WHAT THE RULE OF LAW DOESN’T MEAN: It does not mean any old law or court decision the feds come up with regardless of its constitutionality. Unconstitutional federal laws and court decisions are THE RULE OF MAN and are, therefore, acts tyranny. Submitting to tyranny is NOT submitting to the rule of law. Resisting federal tyranny by offering constitutional rationale is conforming to the rule of law, similar to the justifications presented in the Declaration of Independence.

To start, let’s stop calling Trump’s Executive Order (EO) what it isn’t and start calling it what it is. Trump’s EO is not a “travel ban” as the Lying Leftist Media likes to call it. Trump’s EO 13769 is titled, “Protecting the Nation From Foreign Terrorist Entry Into the United States”. It is a temporary restriction on the immigration of potentially dangerous people. Trump’ EO is a “protection order”, not a “travel ban”.

The full title and text of Trump’s EO is in this Federal Register link.

I see this case as a tangled mess. It would be easy to blame Trump’s advisers and lawyers for not heading off these activist judicial moves but that’s 20-20 hindsight. Here’s how I see what has happened and what I think should happen as things currently stand.

First issue (should have been easiest to resolve): The hearing for restraining order. This hearing should never have happened at all because of lack of either standing or a genuine dispute of a material fact (no evidence of irreparable harm). But it did happen and should have been confined to the merits of the motion to restrain which required irreparable harm for which the plaintiff offered no substantive proof. STOP. Case suld have been closed – no merit to issue a restraining order. Trump’s protection order should have continued in effect.

Second issue: The validity of Trump’s EO/protection order in light of the federal statute. The issue of the merits of Trump’s EO should never have seen the light of day in this restraining-order case. Nevertheless, the EO itself was argued before the judge. The statute on which Trump based his EO, U.S. Code Title 8, Chapter 12, appears to be contradictory. The opposition argued that Trump’s EO violated section 1152 (a)(1)(a) (the anti-discrimination clause) which appears to conflict with section 1182(f) (the authorization clause), the basis of Trump’s EO. This is a rabbit hole. The DOJ brought a well-laid-out argument that the anti-discrimination clause doesn’t apply to the authorization clause because otherwise it renders the authorization clause of no effect. No matter. The judge had obviously already made up his mind.

I’m not sure how Trump’s writing a new EO based only on the federal statutes would get around this anti-discrimination argument before a Leftist judge. He might try appealing to vacate the restraining order showing the plaintiffs had no evidence of irreparable harm. Maybe he could even try to turn the tables, find a friendly court, and sue for a restraining order against this and other attempts to restrain his EO by offering evidence that shows that preventing Trump’s EO/protection order would create irreparable harm by allowing an influx of dangerous immigrants into the U.S. Long shot.

Enter the third issue (should be the first issue, but more difficult to resolve): The Constitution. The overriding issue in ANY federal action is the Constitution. Here, the Constitution MANDATES federal action to prevent invasion (illegal and dangerous immigration is invasion) (Art IV, Sec 4) and there is no constitutional provision that the action must be non-discriminatory. Barring success in lifting the current restraining order, Trump should issue a new EO referencing Art IV, Sec 4 of the Constitution as authorization and proceed with the protection order.

Attempts to again restrain Trump’s new EO/protection order should be rebuffed because there is no genuine dispute of a material fact to restrain (no evidence the EO creates irreparable harm). If the EO is challenged in court on the merits, the judge would have a problem reconciling years of unconstitutional federal anti-discrimination law with the actual Constitution as written and originally understood and intended. Of course, the Constitution validly trumps unconstitutional federal law. If Trump could get the case into a federal court with a just judge, he could win. If not, then the case could go up to the Supreme Court. If Trump’s nominee, Gorsuch, isn’t yet nominated, then four out of eight Justices could rule against the clear constitutional mandate at issue here. That would mean no decision in an evenly-divided court and, thus, the lower court ruling would stand. At that point we would have a clear constitutional crisis.

Constitutional Crisis and Gambit: Sooner or later, we must confront the massive, ongoing constitutional crisis in the federal courts which long ago went way off the constitutional rails and are basically in free-form with no apparent limitations. IMO, this is where Trump should throw down the gauntlet: call the Leftist judiciary bluff by notifying them of the reasons Trump is constitutionally mandated to take this action pursuant to Art VI, Sec 4 and why the courts have not shown a valid constitutionally-based reason for preventing his immigration EO. Then continue implementing the EO declaring the court’s ruling null and void.

This would be one branch, the executive, notifying the other, the judicial, with a constitutionally-based explanation why the action of the judicial branch is unconstitutional and, thus, null and void. Maybe include in the notice a time period for the judicial branch to correct their error but IMO the executive branch should continue with this constitutional EO/protection order for the safety of the nation at least until receiving a legitimate response from the judicial branch that would contain sound constitutionally-based reasoning. Trump should also notify Congress to correct THEIR error as well with appropriate legislation pursuant to Art VI, Sec 4. Maybe NOW is the time for this.

Trump’s rejecting the unconstitutional decision by the federal judiciary would almost certainly trigger a Congressional move to impeach Trump. Such a move would be without constitutional merit as Trump is the only party in this case trying to uphold the Constitution. What is the constitutional standard for impeachment? “Treason, Bribery, or other high Crimes and Misdemeanors” (Art II, Sec 4). What is the constitutional standard for treason? “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort” (Art III, Sec 3, Cl 1). By constitutional standards, if anyone should be impeached, it should be these judges blocking Trump’s protection order.

The answer is Trump should take his case to the American People citing Article IV Section 4 of the Constitution MANDATING the feds PROTECT the U.S. from invasion. Trump should urge his fellow Americans to call their congressmen to support his efforts to protect the American People and ask Congress to fix the existing law or pass a new one pursuant to Article IV Section 4. It’s a gamble but sooner or later, this showdown needs to happen. Who knows if or when our politically-vacillating Congress will nominate Gorsuch and there’s also the possibility Gorsuch could turn Left at the Supreme Court stop light as so many others have before him. Maybe now is the time. Now or never. If Trump took his case to the American People like he did during his campaign, I think he would win.

It’s time We the American People stand up for OUR freedoms and protection, OUR Constitution, OUR country, and OUR President. Trump wants to constitutionally protect America from invasion which is the first duty of the Federal Government and invasion is exactly what illegal and dangerous immigration is. Let’s pray that God will again help America here. Let’s do what we can to help Trump win and continue to make America great again.

Why Are Executive Orders Not Unconstitutional? (Republican Governments are Inefficient.)

posted in: Trump Administration | 0

From what I can tell, an executive order combines legislative and executive powers in one act and one office, the substance of a dictatorship. The Constitution does not allow the executive branch to make law.

All legislative Powers granted herein shall be vested in a Congress of the United States…” (Art I, Sec 1 – U.S. Constitution).

From what I can tell, the only valid Trump executive orders may be those repealing Obama’s stench of unconstitutional executive orders.

It’s not enough to cheer Trump’s good intentions in wanting to right decades of wrong-doing by the feds. Constitutionally, HOW is just as, if not more, important than WHAT when it comes to federal action. Other than overturning Obama’s surfeit of unconstitutional executive orders, which of Trump’s executive orders are not unconstitutional and shouldn’t first be passed as law in Congress?

WE THE PEOPLE need to be more than semi-mindless cheerleaders for “our side”. We need to be watchdogs verifying the constitutionality of federal acts including those done by those we have elected. “Trust but verify”, Ronald Reagan said in reference to treaties which effectively is the same as electing government officials. “Trust but verify” is exactly what we the people should be doing with our elected officials including Trump.

Tyranny on the Right is just as dangerous as tyranny on the Left because “benevolent” tyranny will sooner or later become very malignant, malevolent, and deadly tyranny.

We the people must once again understand that freedom comes from the feds being constrained by the objective Rule of Law (in America that is the Constitution) and tyranny comes from the feds unrestrained and limited only by their own subjective whimsy and morality – the rule of man.

In America, the only legal bulwark of protection of our freedoms against the tyranny of the feds is the Supreme Law of the Land, the Constitution as written and originally understood and intended. Our job in re-birthing our Free Constitutional Republic beginning here and now, is to reinstate the Constitution front and center as the Supreme Law of the Land against the feds.

2016 NFL Super Bowl 51 – Analysis & Prediction

posted in: 2016 | 0

Rankings are from the final regular season stats. Numbers represent overall and specific NFL rankings by points except pass/run ranked by yardage. Depending on who has the ball, compare offense/defense strengths in pass/run yardage to anticipate best game plan. Top five in each category are bolded. Red font for best in each category.

Sunday, Feb 5, 4:30 PM MT FOX
#1 New England at #2 Atlanta at NRG Stadium, Houston

NE Offense #3:               3 Pass     25 Run                Atlanta Offense #1:      1 Pass     5 Run
Atlanta Defense #27:        11 Pass     26 Run                NE Defense #1:             8 Pass      8 Run

Well, we’ve got the #1 and # 2 best teams in the NFL playing each other in the Super Bowl. We’ve also got the #1 offense against the #1 defense. There’s good reason to hope for an exciting matchup.


NE’s Strengths: Top team in the NFL (net points). Best defense in the NFL (points against). Third best offense in the NFL (points for). Third best pass offense in the NFL (yds per attempt).
NE’s Weaknesses: Weak running offense, eighth worst in the NFL (yds per attempt).

Atlanta’s Strengths: Second best team in the NFL (net points). Best offense in the NFL (points for). Best pass offense in the NFL (yds per attempt). Fifth best run offense in the NFL (yds per attempt).
Atlanta’s Weaknesses: Weak defense, sixth worst in the NFL (points against). Weak run defense, seventh worst in the NFL (yds per attempt).


When NE has the ball:

NE Offense #3:               3 Pass     25 Run
Atlanta Defense #27:       11 Pass     26 Run

NE has one of the best passing offenses with Tom Brady going against a respectable Atlanta pass defense. NE’s weak running offense is matched by Atlanta’s equally weak run defense. NE should mix their run/pass offense but should mostly pass.

When Atlanta has the ball:

Atlanta Offense #1:      1 Pass     5 Run
NE Defense #1:            8 Pass      8 Run

This will be the best part of the game – the NFL’s best offense against the best defense. Atlanta’s offensive coordinator extraordinaire, Kyle Shanahan and QB Matt Ryan along with his array of receivers and running backs, have put together a dazzling offense that is stunning and seems able to strike at will. Against GB, except for two possessions, they scored every time they had the ball. NE’s #1 defense will be sorely challenged. Like NE, Atlanta should mix their run/pass offense but mostly pass.



This could be a surprisingly exciting and close game. Although NE beats Atlanta in net points scored, Atlanta edges NE in yards. That often means a possible upset. This will almost certainly be a shootout between the two top guns in the NFL with Atlanta’s strong running game as an added factor. The fourth quarter could be interesting if it’s close. It might even come down to who has the ball last. Even though Atlanta and NE are tied for the NFL’s second-best turnover ratio, if push came to shove especially near the end, it’s possible NE’s top defense could more likely intercept Ryan than Atlanta intercepting Brady. That could be the game right there. On the other hand, if it comes down to a field goal at the end, Atlanta makes 92% of its field goals compared to NE’s 84%.


Projected Winner: New England

2016 NFL Conference Championship Weekend: Predictions & Pass/Rush Match-Up Analysis

posted in: 2016 | 0

Rankings are from the final regular season stats. Numbers represent overall and specific NFL rankings by points except pass/run ranked by yardage. Depending on who has the ball, compare offense/defense strengths in pass/run yardage to anticipate best game plan. Top five in each category are bolded. Red font for best in each category.


Sunday, Jan 22, 1:05 PM MT FOX
#8 Green Bay at #2 Atlanta

Atlanta Offense #1:      1 Pass     5 Run                   GB Offense #4:            15 Pass       7 Run
GB Defense #21:           32 Pass    14 Run                    Atlanta Defense #27:     11 Pass     26 Run

We’ve got the #1 and # 4 best offenses in the NFL against the #21 and #27 defenses. Although I prefer a better offense/defense match-up than that, Rogers’ cool presence and incredible performance is compelling and you’ve gotta like the guy. This will be a shoot-out. Some say the winner will be whoever has the ball last. Could be.

When Atlanta has the ball: Atlanta’s top passing offense will go against the worst pass defense in the NFL. Atlanta has a strong running game but Atlanta should mostly pass which I think they usually do anyway. I’ll be surprised if Atlanta doesn’t score every time they have the ball.

When GB has the ball: Roger’s incredible second-half streak makes the season-long #15 pass ranking too low. Atlanta has a respectable #11 pass defense, but Rogers has been shredding good defenses pretty much every week. GB also has a strong running game which should do well against Atlanta’s #26 run defense.

Will Ryan, Kyle Shanahan – Atlanta’s offensive coordinator extraordinaire, and Atlanta’s top offense in the NFL be able to outscore the seemingly unstoppable One-Man Wrecking Crew, Rogers? Will the last one with the ball win? It may come down to turnovers or maybe even special teams – who has the ball more often and in better field position. Atlanta looks like it has a better chance of intercepting Rogers than GB intercepting Ryan. Wonder how much scoring will happen in the last two minutes. Projected Winner: Atlanta




Sunday, Jan 22, 4:49 PM MT CBS
#5 Pittsburgh vs. #1 New England

NE Offense #3:                   3 Pass    25 Run             Pittsburgh Offense #10:     13 Pass      8 Run
Pittsburgh Defense #10:       15 Pass    19 Run             NE Defense #1:                8 Pass      8 Run

NE is ranked #1 in the NFL (net points). They do it or close to it every year. Not sure how. Brady is a great QB and cool under pressure with great receivers. Coach Belichick is enigmatic. Anyway, the Patriots obviously have a great organization and look unstoppable this year – again.

When NE has the ball: Don’t really see how Pittsburgh’s so-so defense can stop NE’s top-tier passing game though they should slow down NE’s running game. NE should strike quickly and often.

When Pittsburgh has the ball: Pittsburgh has a respectable running game and Roethlisberger is still dangerous. But they are going against the best defense (points) in the NFL. They’ll score but will also probably turn the ball over.

This could also turn into a shoot-out of sorts between Brady and Roethlisberger but with a probable positive turnover differential and all their weapons, NE should win going away. Projected Winner: New England

Jesus Christ Took the Place of and Has Mercy on Capital Criminals

posted in: General Discussion | 0

Reference: Ricky Gray executed by lethal injection for Harvey family killings  WTVR, Richmond, VA


SCL Comment: While a convicted criminal was being executed he had a private conversation with Jesus and said Lord, remember me when you come into your kingdom. And Jesus said to him, Of a truth I say to you, Today will you be with me in paradise (Luke 23:42-43).

I hope this guy had that same conversation and I hope someday to see him in Heaven. As He hung on the cross with the convicted criminal, Jesus was actually in the process of paying the full price for that man’s crimes and sins as he was for this convicted murderer, ours, and everyone else’s.

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