Republicans Keep Losing Because They’re Reactive, Not Proactive
If the Republican grassroots can mobilize, and GOP leadership can commit to fighting at the state level, profound change will be inevitable.
Nebraska's Republican governor has endorsed a primary challenger to sitting Congressman Jeff Fortenberry (R-Neb.), who is accused of making false statements to federal investigators probing his 2016 campaign contributions.
Gov. Pete Ricketts on Friday announced he is supporting state Sen. Mike Flood (R) in the Republican primary for Nebraska's 1st Congressional District.
“Mike will be able to focus his entire energy on representing the first district here in Nebraska and stopping this radical agenda coming out of D.C., and that's why I'm so proud to be able to endorse him in this primary to be the next congressman from the first congressional district," Ricketts said, according to KETV-TV.
Flood launched a primary challenge against Fortenberry last week, following the nine-term congressman's announcement that he would seek re-election again even though he was indicted by the Justice Department on multiple felony charges last fall. He faces three felony charges, including for lying to federal agents about the source of $30,000 in illegal campaign contributions.
Authorities claim that a group in California funneled money from Nigerian billionaire Gilbert Chagoury to Fortenberry's 2016 campaign. Fortenberry has plead not guilty to the charges.
Earlier this month, the congressman asked a federal judge to have the charges against him dismissed, but the judge denied his request.
Former Gov. Dave Heineman joined Ricketts in endorsing Flood over Fortenberry, writing in a letter that the allegations against Fortenberry are disqualifying.
"In modern political times in Nebraska, Jeff Fortenberry is the only Nebraska Congressman that has ever been indicted on felony criminal charges. His actions have resulted in a dilemma for Nebraska's first district voters," Heineman said. "We respect and appreciate his service, but we don't want to risk losing the seat to a Democrat. Therefore I'm supporting and endorsing Mike Flood for Congress."
In making the case for his candidacy, Flood has said the criminal allegations against Fortenberry will jeopardize Republican control of his congressional seat and hamper GOP efforts to retake the House majority in November.
"I've been talking to people in Fremont, Columbus, Norfork, Lincoln and all other communities. They're very apprehensive and concerned about this legal dilemma that he's in," Heineman told KETV.
"We're here today because of the situation Congressman Fortenberry is in because of his indictment,” Flood said last week when he announced his campaign.
In a statement Friday, Fortenberry responded to the endorsements for Flood.
“Today’s announcement is particularly disappointing because I have counted these people as friends and you hope you can rely on your friends to stand by you when you face adversity like a false and unjust accusation," Fortenberry said. "However, I’ve been very happy to receive endorsements for my re-election from business, community and political leaders across the First District. The voters will pass their own judgement on the character of the candidates in this race and I will spend this year talking with them about the accomplishments, leadership and conservative values that make me the best person to earn their vote and represent them in Congress.”
Texas Democrats are reportedly planning to flee the state in an effort to block the legislature from passing an election security bill supported by the Republican majorities and Gov. Greg Abbott (R).This would be the second time the Democrats have used a a walkout strategy to delay the bill's passage.
According to NBC News, at least 58 Democratic members of the state House of Representatives will leave Austin on Monday to block House Bill 3 from passing. By leaving, they will deny the legislature the required quorum of two-thirds of lawmakers present to conduct state business, effectively shutting the chamber down until they return to the state or the session ends.
Most of the Democrats will fly on two private jets chartered to take them to Washington D.C., where they will reportedly lobby federal lawmakers for national voting legislation. Other lawmakers will make their own way to the nation's capital.
The Republican-backed bill was blocked once before in May when Democrats staged a walkout from the state House chamber. Without a quorum present, Republicans were forced to end the legislative session without passing the bill. But Abbott, who considers the bill a priority, called a for special session of the legislature to take it up again in June.
Democrats say House Bill 3 and its companion Senate Bill 1, which implement new voter identification requirements for people voting by mail and ban election officials from sending unsolicited mail ballot applications to voters, would make it harder for minorities to vote. The bills would also end pandemic innovations like drive-through voting and extended hours during early voting, reforms Republicans say are needed to mitigate the risk of voter fraud.
Republican lawmakers worked over the weekend to advance the bills, holding overnight hearings and passing the bills out of their respective House and Senate committees to bring them to the floor this week.
To keep the legislature from considering the House bill, Democrats would have to remain out of state until the end of the special session, which could last up to 30 days. The Texas Constitution empowers the Republican majority to compel the return of absent lawmakers to the state Capitol, and Democrats expect GOP lawmakers to send the state Department of Public Safety to force them to return.
Democrats have apparently been planning their flight for weeks. "Initially, they considered decamping to West Virginia and Arizona, because Sen. Joe Manchin, D-W.Va., and Sen. Kyrsten Sinema, D-Ariz., have opposed abolishing the filibuster to pass the For the People Act, federal voting legislation the state Democrats support," NBC News reports. "But they feared the states' Republican governors would aid in their arrest and return them to Texas."
A state senator in Ohio was caught participating on a Zoom call while driving on the same day the state legislature began debating a bill to increase penalties for distracted drivers.
But the really embarrassing part? The lawmaker unsuccessfully tried to hide that he was driving by using a virtual background of a home office.
In a statement to the Columbus Dispatch, state Sen. Andrew Brenner (R) admitted he was driving during the meeting of the Ohio Controlling Board over Zoom but denied that he was distracted.
"I wasn't distracted. I was paying attention to the driving and listening to it (the meeting)," Brenner told the paper.
Video of the 13-minute May 3 meeting was posted by the Ohio Channel. At the start of the video, Brenner can be seen sitting in his stationary car. But minutes later his camera turns off. When his camera resumes around the 3:30 mark, it appears Brenner put up a virtual background of a home office.
The camera turns off again shortly thereafter. When it turns back on around the 4:20 mark, Brenner has his seat belt fastened and appears to be driving, looking both ways as he crosses an intersection.
He told the Dispatch that for most of the meeting he was parked in his car.
"I had two meetings that were back to back that were in separate locations. And I've actually been on other calls, numerous calls, while driving. Phone calls for the most part but on video calls, I'm not paying attention to the video. To me, it's like a phone call."
"I was wearing a seat belt and paying attention to the road," he added.
It is apparent from the video, however, that Brenner adjusted the settings on his phone several times, turning the camera on and off and changing the background.
This Ohio State Senator thought he was slick, using a Zoom background of his home office while driving... debating… https://t.co/9qilVnVPpZ
— Brody Logan (@BrodyLogan) 1620301551.0
Ohio lawmakers on Monday introduced House Bill 283, which would ban writing, sending, or reading text messages, viewing videos or taking photos, livestreaming, or using phone applications while driving.
The proposed law would also make holding or using an electronic device while driving a primary offense, which would allow police to pull over violating drivers. Under current law, police must witness another moving violation before pulling a driver over for texting while driving.
Ohioans who get into a car accident after using an electronic device could face penalties similar to those who are caught driving under the influence of alcohol.
Lawmakers in Utah have passed a bill that would require smartphones and tablets sold in the state to have filters blocking pornography or other obscene content enabled upon device activation. The bill now heads to Gov. Spencer Cox (R) for his signature or veto.
Supporters argue the measure will protect children from inadvertent exposure to pornography and help parents monitor their kids' screen time. Critics say the bill would unconstitutionally intrude on free speech.
In 2016, Utah became the first state in the union to formally declare pornography a "public health crisis." Decrying the harmful psychological and physiological effects of porn addiction as an "epidemic," the state called for education, prevention, research, and policies to mitigate pornography's harm. Last year, Utah codified a law that requires pornographers to put a one-sentence warning label about the harmful effects of porn on minors on their content.
This proposal, H.B. 72, requires all tablets or smartphones sold or manufactured in Utah to have a pornography filter, have the filter enabled upon device activation, gives adult users means to turn the filter off, and creates a right for people to bring lawsuits against device manufacturers that don't meet these requirements.
The requirements will not take effect unless five other states pass laws with similar provisions, a concession made after manufacturers and retailers protested that it would be difficult to follow these requirements for a single state.
The bill might not completely stop minors from viewing pornography, a fact recognized by its sponsor, state Rep. Susan Pulsipher.
"A child that wants to find it and tries to would probably be able to still. It's just one step in the right direction," she told the Associated Press.
Supporters applauded the bill, saying it will help parents with difficulties turning on parental controls moderate what their children are doing on their devices.
"Utah has passed a critical, common sense solution to help protect vulnerable children from accessing harmful pornographic content on phones and tablets," said Dawn Hawkins, executive director of the National Center on Sexual Exploitation.
But critics say the bill doesn't pass constitutional muster.
"You've basically got the state mandating the filtering of lawful content. That raises immediate First Amendment flags," Samir Jain told the AP. Jain is the policy director at the Center for Democracy and Technology, a Washington, D.C.-based internet policy group.
Jain explained that the bill's language applying to any device "activated" in Utah could require some sort of device location tracking program to be enforceable.
Other critics pointed out that laws attempting to restrict children's access to pornography were struck down by courts in the 1990s and predicted that this proposed law would meet a similar fate.
"Let us remember that if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom. It is a very serious consideration, which should deeply impress our minds, that millions yet unborn may be the miserable sharers in the event." ~Sam Adams, Oct. 14, 1771
All politics is local. That is a principle patriots will have to use and maximize to its fullest extent in the coming weeks. As the federal government and many state governments violate the Constitution with COVID fascism and, likely soon, by clamping down on protected political speech, local law enforcement and elected officials will have to step up to the plate and defend our constitutional rights.
Trump won 83% of the counties, in addition to roughly half the states. There is no reason why each one should not become a constitutional sanctuary. If the local sheriff, county commissioners, county executive, school board officials, and prosecutor are all in favor of declaring the county a sanctuary from civil liberties violations, then "there shall be left to mankind an asylum on earth, for civil and religious liberty," as Sam Adams predicted when embarking in the struggle for independence.
The constitutional sanctuary movement that started with the Second Amendment is gradually moving into COVID fascism and hopefully will be used to push back against any tyranny at the federal level in the coming months.
On Monday night, the Monument Board of Trustees declared Monument, Colorado, to be a sanctuary from restrictions on businesses. This small town in El Paso County voted 7-0 on "A resolution reasserting the rights of the Town of Monument and its residents and condemning the unconstitutional limitations imposed upon their freedoms by the governor of Colorado."
Specifically, the resolution announced the town will "not abide by any executive orders limiting attendance of and free speech at public meetings within the town." The trustees called upon each individual business owner to assess his own risk level and willingness to butt heads with the state government.
This is a good start, but county and town governments need to make it clear that they will unite and resist unconstitutional orders against state authorities. We must stop saying things are unconstitutional and then treat them as if they are constitutional. Either "life, liberty, and property" have meaning or not.
To that end, all of the officials in Bargara County, Michigan, a rural area in the Upper Peninsula, united in a letter declaring Governor Whitmer's orders unconstitutional. The letter, which was posted on County Sheriff Joe Brogan's Facebook page, noted how the people have not endured such tyranny since the settlement of this continent. "Our citizens' rights to assemble, to freely practice their religion, to travel, to keep their property, businesses, and jobs, even to dress as they please have all been swept aside, and to what end?" declared the letter, which was signed by the county commissioners, prosecutor, clerk, and treasurer.
The sheriff notes that every state and local official swears an oath to the Constitution. If these measures are not unconstitutional, especially after 10 months of utter failure to even move the needle on taming the spread of the virus, then that document quite clearly has no meaning. "We hereby put the state of Michigan on NOTICE that we have no intention of participating in the unconstitutional destruction of our citizens' economic security and Liberty," continued the letter. "We further declare our intention to take no action whatsoever in furtherance of this terribly misguided agenda."
Another Upper Peninsula county, Delta, passed a resolution supporting the right of businesses to open their establishments. There are a number of cities and counties across the country now considering these resolutions in addition to the nearly one-third of counties that have already declared themselves Second Amendment sanctuaries. SanctuaryCounties.com is keeping track of these developments.
What ultimately needs to happen is that, pursuant to the doctrine of lesser magistrates, communities work together with all their local officials to actively defend – both legally and morally – business owners who are attacked by state or potentially federal officials. Republicans control 31 state legislatures. They have an obligation to pass sanctuary resolutions statewide. In many of those states they have supermajorities to override the veto of a Democrat or RINO governor.
Every county, state, and federal official swears an oath to uphold the Constitution — the same oath taken by federal judges — no more, no less. In justifying why federal courts should have concurrent (not exclusive, as some erroneously think) jurisdiction over constitutional interpretation instead of upholding even unconstitutional laws passed by the legislature, Justice John Marshall pointed to this very oath. "How immoral to impose it on them if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support!" declared an indignant Marshall in his famous Marbury opinion.
In defense of judicial review, Marshall rhetorically asked, "Why does a judge swear to discharge his duties agreeably to the Constitution of the United States if that Constitution forms no rule for his government? If it is closed upon him and cannot be inspected by him?"
Well, as state officials swear the same oath and wield even more robust power directly affecting the lives of citizens than judges do, don't they have the same obligation to use their powers to counter illegal executive edicts that impose the most unconstitutional social changes imaginable? Changes to our law and society that violate the foundation of natural law and nature's God, to whom that oath is directed?
If California and New York were able to offer sanctuary to the most vile criminal aliens – and even criminalize the enforcement of duly passed immigration law – then most certainly red counties and states can and must be sanctuaries for American businessmen, schoolchildren, and the Bill of Rights from the clutches of evil and illegal executive power.Republican leaders in the Michigan state House have stripped a Democratic representative of her committee assignments after she posted a "warning" to "you Trumpers" in a Facebook video.
Rep. Cynthia Johnson (D) served as the leading Democrat on the Michigan House Oversight Committee, the body that hosted a hearing with President Donald Trump's personal attorney Rudy Giuliani on election integrity and allegations of voter fraud in Michigan, the Detroit News reported. After publicly challenging Giuliani's claims during the hearing, Johnson received death threats, including a racist voicemail that said she should be lynched.
In a three-minute video posted on her personal Facebook page, Johnson drinks what appears to be wine and thanks her supporters, urging them to do "things right and in order." She also told them to "hit their a**es in the pocketbook," presumably referring to the people sending her threats.
At the end of her video, she issued this warning: "So this is just a warning to you Trumpers. Be careful. Walk lightly. We ain't playing with you. Enough of the shenanigans. Enough is enough. And for those of you who are soldiers, you know how to do it. Do it right. Be in order. Make them pay. I love y'all, bye bye."
In a follow-up video, Johnson appears to clarify that "soldiers" are for "Christ" and against "racism" and "misogyny."
The Detroit News reported that Johnson began receiving threats after participating in the Dec. 2 election integrity hearing featuring Giuliani and testimony from poll challengers and a Dominion Voting System contract worker who testified to election irregularities at the TCF center in Detroit, where ballots were counted on Election Night. The Detroit lawmaker accused the witnesses of lying.
Since then, Johnson has publicly shared racist and threatening voicemails she's received from one woman and two men. The woman, who was identified as being from Illinois based on her phone number, threatened to share Johnson's phone number with "a million people."
One of the men used misogynistic and racist language and told Johnson, "Your time is coming ... from the (expletive) gallows you'll be hanging."
In her video posted Tuesday, Johnson said the woman who left a voicemail had been identified by the FBI and state police. She told her supporters to "be smart" and reminded them that they don't have to yell or "curse people out."
"Always provide proof. Nobody cares what your mouth is saying. Provide proof," Johnson said before issuing her warning to "Trumpers."
The day after the video was posted, House Speaker Lee Chatfield and his incoming successor Rep. Jason Wentworth issued a statement condemning Johnson's remarks.
"Threats to either Democrats or Republicans are unacceptable and un-American. They're even more unbecoming of an elected official," the Republican lawmakers said. "Rep. Johnson has been removed from her committee assignments, and we are looking into further disciplinary action as the proper authorities conduct their own investigations."
"We have been consistent in our position on this — violence and intimidation is never appropriate in politics. We have said that about threats against Gov. [Gretchen] Whitmer, Secretary [Jocelyn] Benson, Rep. Johnson herself, and others. That applies to threats made toward public officials, and it must also apply when the threats come from public officials. Behavior like this will not be tolerated this term or next."
The Republicans announced Johnson would be stripped of her position on the Oversight Committee in addition to her positions on the Agriculture Committee and the Families, Children, and Seniors Committee.
California now leads the nation in corporate affirmative action as Democratic Gov. Gavin Newsom signed into law Wednesday a bill mandating racial and sexual identity quotas for corporate boards.
The new law requires publicly traded businesses with headquarters located in California to hire at least one diverse board member from an "underrepresented community" by 2021, Fox Business reports. To qualify as underrepresented, an individual must self-identify as black, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or as gay, lesbian, bisexual, or transgender.
Corporate boards with four to nine directors must hire at least two diverse individuals by the end of 2022. If a company has nine or more directors they must make three diverse hires. Punitive fines of $100,000 for the first violation and $300,000 for repeat violations will be levied against companies that do not comply with the state quotas.
The new law builds on a 2018 law that required boardrooms to hire at least one female director by 2019. Conservative groups have challenged the diversity statute in court, arguing the law is unconstitutional under the equal protection clause of the 14th Amendment.
Newsom hailed the law as an important step toward ensuring racial representation in powerful corporations.
"When we talk about racial justice, we talk about power and needing to have seats at the table," Newsom said at the online signing ceremony for the new law.
"The new law represents a big step forward for racial equity," said Democratic state Assemblyman Chris Holden, one of the authors of the bill, in a statement. "While some corporations were already leading the way to combat implicit bias, now, all of California's corporate boards will better reflect the diversity of our state."
The new diversity quotas are part of a larger package of racial legislation signed into law on Wednesday. The package includes a law creating a task force to study and make recommendations on reparations to the black community for slavery. New laws also prohibit the use of peremptory challenges to remove potential jurors based on racial, ethnic, religious, or gender identity and allow judges to alter sentences that are believed to involve racial or ethnic discrimination.
"As a nation, we can only truly thrive when every one of us has the opportunity to thrive. Our painful history of slavery has evolved into structural racism and bias built into and permeating throughout our democratic and economic institutions," said Gov. Newsom. "California's rich diversity is our greatest asset, and we won't turn away from this moment to make right the discrimination and disadvantages that Black Californians and people of color still face. While there is still so much work to do to unravel this legacy, these pieces of legislation are important steps in the right direction to building a more inclusive and equitable future for all."