Leahy vs Gorsuch: Incontinent Sphincter Of The Senate
Demanded Travel Ban Perjury!
Fox News
displayed this video of Senator Patrick Leahy, for
whom I
have the utmost contempt and hatred, and Judge Neil
Gorsuch
in his confirmation hearing.
In
this line of interrogation, the incontinent sphincter attempted to
suborn
perjury. Watch closely as the judge ostensibly refuses to
Felch.
Listening inter alia, it sounds as if Judge
Gorsuch
implied that he would rule against the travel ban
which is
what the 'crat senators want to hear.
Fox embed code does not work. I am attempting to embed
Cspan's video.
The relevant part begins one hour and 49 minutes into the 9 hour video.
Neither embed code works. Click fox to watch the clip, Cspan
to watch
the whole thing.
I attempted to transcribe the video, both my hearing and my typing
skills are poor; I do not guarantee accuracy, spelling or punctuation.
I begin with the first question, answers are inset.
Superscripts
in the transcript are internally linked to my comments which follow.
- Does the first amendment1
allow the use of a religious litmus test2
for entry into the united states?
- Senator, that's an issue that's currently being
litigated3,
actively, as you know
- I'm
not asking about the litigation in the ninth circuit or anything else,
I;m asking about the fact4: is
a blanket religions test- is that
consistent with the first amendment ?
- Senator, we have a
free exercise clause5
that protects the free exercise of religious
liberties by all persons in this country If you ask me how I'd apply
that to a specific case, I can't talk about that for
understandable
reasons.
- Well, could the Pres...
- The
understandable reasons--I'm as frank and candid with you, Senator, as I
can be, Senator, when you ask me to apply it to a set of facts that
look an awful lot like a pending case, in many circuits now, ...
- Would the President have the authority to ban
all of Jews6
from the United States or All people that come from Israel7?
- Senator,
that would be an easy question: we have a Constitution and it does
guarantee free exercise it also guarantees equal protection of the laws8
and a whole lot else besides and the Supreme Court decided
in [unintelligible] that due process rights extend even to undocumented
persons in this country. I will apply the law; I will apply
the law9
faithfully and fearlessly and without regard to persons.
- I don't care about their religion
- Anyone, any law is gonna get a fair ans square deal with
me. My job as a judge is to treat litigants who
appear before me as I wished to be treated as a lawyer when I appeared
with my client large or small. I did not want them to be
discriminated against because they were a large company or or a small
individual with an unpopular belief10,
and that's the kind of judge I try
to be, Senator, I think that's my record.
- Well, Judge, let me ask you do you agree with me
that there should not be a religious test in the United States ?
- I need to know more specifically...
- Well, let me give you an example: should there be a
religious test to serve in the military11?
- Oh, Senator, that would be inappropriate, yes,
it's against the law.
- [unintelligible]
Solely on their religion, solely on their religion...not based on a
threat12
or something, would you ban somebody solely on their religion?
- Senator,
we have not just a first amendment free exercise clause in this
country,
very important protection, we have not just an equal protection
guarantee of the fourteenth amendment, which prohibits
discrimination
on the basis of race, gender ethnicity; we also have the religious
freedom restoration act which Senator Hatch mentioned, which was a
bipartisan bill passed by this body, with the support of Senator
Kennedy and Senator Schumer when he was in
the House, and that imposes an even higher standard on the government
than the first amendment when it comes to religious discrimination.it
says that if there is any sincerely held religious belief; honestly
held religious belief, the government must meet strict scrutiny before
they regulate on that basis, strict scrutiny being the highest standard
known in American law.
- The
reason I ask these questions, there is a legitimate concern, I hear
stories from my grandparents that signs usta say that no Irish need
apply or no Catholic need apply, I am sure that Senator Feinstein can
speak about rules of her religion. President trump
promised
a Muslim ban13,
he still has it on his web site to this day, he is
calling for a total and complete shutdown of Muslims entering the
United States and a Republican congressman recently said the
best
thing the President can do for his Muslim ban is to make sure
he
has Gorsuch on the Supreme Court before the appeals get to
that point14.
- Senator, a lot of people say a lot of silly things, my
grandfather...
- [unintelligible] he wants you on the court so you can
uphold a Muslim ban .
- Senator,
he has no idea how I'd rule in that case and, Senator, I'm not gonna
say anything here that would give anybody any idea how I'd rule15
in any
case like that
that could come before the Supreme Court our my court of the
tenth circuit it would be grossly improper of a judge to do that; it
would be a violation of the separation of powers and judicial
independence if someone sitting at this table, in order to get
confirmed, had to make promises or commitments about how they'd rule
in a case that is currently pending and likely to make its way to the
supreme court.
first
amendment
Congress
shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
- See more at:
http://constitution.findlaw.com/amendment1.html#sthash.WY6qrQZD.dpuf
The idea was to establish liberty by limiting the power of
government. Many of the colonists came here to escape from
religious persecution. They did not want the federal
government
to establish a state religion, domination or sect. They did not want
their own denominations to be proscribed by law.
The constitution applies to citizens and residents, not non-resident
aliens. It does not guarantee any rights to aliens not under
its
jurisdiction. Immigration is a privilege granted by the
government under strict laws and rules, not a right.
Africans,
Arabs & Asians are not born with a constitutional
right to
come here. They must apply for visas.
religious test
Article six includes the supremacy clause, constitutional oath
requirement and proscribes religious tests for public office.
Art. 6 does not mention immigration.
Article 1, Section 8, Clause 4
establishes federal control over naturalization.
4:
To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout the United
States;
http://constitutionus.com/
Where in the constitution do you find an absolute
unqualified right for aliens to come here?
Where do you find a prohibition on religious tests for
immigrants?
current
litigation
The issue before the courts is a travel ban based on national origin,
not religion. How is it a Muslim ban while the majority of
the
Ummah is not affected by it? The words
"Muslim"
& Islam are not included in the executive orders challenged in
court.
The executive orders are
irrational. 15 of the "Magnificent Nineteen" were citizens of
the
Kingdom Of Saudi Arabia but that nation is not
included in
the banned list. Pakistan and Iraq also provided terrorists but they
are not on the list.
The executive orders
exclude persons originating from places where the governments are
unwilling or unable to provide identifying information about their
citizens. Even knowing the prospective visitor's name,
patrimony
and address, how would you determine if he harbored hatred
for us
and had the ability & intention to do us harm? Even
if you
knew that he lacked desire, ability and intention, what is to
stop him from getting them in the immediate future? Tashfeen
Malik passed five vetting interviews before she helped her husband
slaughter 14 innocent victims. So much for vetting; it's vaporware!
Exactly how would banning the
entry of Muslims violate the
establishment clause?
Exactly how would it interfere unconstitutionally with the
free exercise clause?
Does it interfere with the salat, saum, hajj,
zakat,
shahada or
Jihad
of the Syrian in Syria? No, it simply prevents
him from doing it
here
for the next
90
days. Do either Leahy or
Gorsuch know that Jihad is the "
highest peak of Islam",
not one of its
pillars, yet a communal and individual obligation binding on all able
bodied adult Muslims? Have either of them bothered
to read
Reliance Of The Traveller, Book o, Chapter
9.1 or
page 18 of "The Book Of Jihad"? Do they know that
9.5,
14,
29
&
123 are fard ayn: individually
binding obligations since the
invasion of Afghanistan?
'fact':
fallacy!
There is no
religious
test
in the executive order! Islam is not mentioned in it. There
are 56
nations with Muslim majorities, only 6 are included in the
ban.
Leahy postulates fallacy as fact.
free
exercise clause
The
free exercise
clause of the first amendment prohibits Congress from
enacting
legislation impiring free exercise of religion. Executive
orders
are not acts of congress; they are orders, not legislation.
Leahy
knows the diffeence, but he is dishonest.
What is free exercise of religion? Congregational prayer,
singing
hymns, church bells, communion? How about Jihad, genocide
&
terrorism? Those are Islamic sacraments and a required part
of
the practice of Islam.
Muslims are commanded to
obey Allah and the Messenger.
They are warned to
emulate Moe if they want to get
into his celestial orgy. Allah commanded Muslims to
striker terror into the hearts of
prospective victims my harsh treatment of defeated enemies and
terrify
them with maximized military might. Moe terrorized the Jews
of
Medina by having
Kab Ashraf assassinated and the B.
Khatma tribe by
the
assassination of Asma Bint Marwan;
the entire tribe saw "the power of Islam" and reverted at once.
What do Muslims say while slitting the throat of a goat in celebration
of Eid? What do they say when they slit the throat of an
Infidel?
Both are acts of worship. The accursed abomination
9/11 was
an act of Islamic worship!
Many
thanks to God, for his kind gesture, and choosing us to perform the act
of Jihad for his cause and to defend Islam and Muslims. Therefore,
killing you and fighting you, destroying you and terrorizing you,
responding back to your attacks,are all considered to be great
legitimate duty in our religion.
These
actions are our offerings to God.
http://online.wsj.com/public/resources/documents/gitmo20090310.pdf
Does the free exercise clause vitiate legal proscription of terrorism?
Is the Constitution a suicide pact? Islam entails
Jihad
& terrorism; is incomplete with out them. There can be no right
to
manifest, practice and propagate it.
ban Jews?
Why do you want to ban Jews? Are Jews terrorists by divine
mandate? Are Jews raising Hell wherever they go as
Muslims
are?
ban
Israelites?
There is good cause for excluding Israeli Muslims because
they
are under a divine mandate from Allah to terrorize us,.
equal
protection
A Christian, Jew & Muslim have equal protection of the laws:
due
process. There is also due process in immigration law.
The
McCaran-Walter Immigration Act of '52 makes
provision for
exclusion of inimical persons.
(3)
Security and related grounds
(A) In generalAny alien who a consular officer or the
Attorney General knows, or has reasonable ground to believe, seeks to
enter the United States to engage solely, principally, or incidentally
in—
(i)
any activity (I) to violate any law
of the United States relating to espionage or sabotage or (II) to
violate or evade any law prohibiting the export from the United States
of goods, technology, or sensitive information,
(ii)
any other unlawful activity, or
(iii)
any activity a purpose of which is the opposition to, or the control or
overthrow of, the Government of the United States by force, violence,
or other unlawful means,
is
inadmissible.
(III)
has, under circumstances indicating
an intention to cause death or serious bodily harm, incited terrorist
activity;
(IV)
is a representative (as defined in clause (v)) of—
(aa)
a terrorist organization (as defined
in clause (vi)); or
(bb)
a
political, social, or other group that endorses or espouses terrorist
activity;
**
(V)
is a member of a terrorist
organization described in subclause (I) or (II) of clause (vi);
(VI)
is a member of a terrorist
organization described in clause (vi)(III), unless the alien can
demonstrate by clear and convincing evidence that the alien did not
know, and should not reasonably have known, that the organization was a
terrorist organization;
(VII)
endorses or espouses terrorist
activity or persuades others to endorse or espouse terrorist activity
or support a terrorist organization;
...
(f) Suspension of entry or imposition of
restrictions by President
Whenever
the President finds that the entry of any aliens or of any class of
aliens into the United States would be detrimental to the interests of
the United States, he may by proclamation, and for such period as he
shall deem necessary, suspend the entry of all aliens or any class of
aliens as immigrants or nonimmigrants, or impose on the
entry of aliens any restrictions he may deem to be appropriate.
Whenever the Attorney General finds that a commercial airline has
failed to comply with regulations of the Attorney General relating to
requirements of airlines for the detection of fraudulent documents used
by passengers traveling to the United States (including the training of
personnel in such detection), the Attorney General may suspend the
entry of some or all aliens transported to the United States by such
airline.
https://www.law.cornell.edu/uscode/text/8/1182
Islam
espouses terrorist action!!! read'em and weep, creep!
3:151,
8:12,
39,57,
60,
65,
67,
9:5,
29,
38,
39,
111,
120,
123,
33:26,
27,
47:4,
49:15,
59:2,
13,
61:10-13*;
Sahih Bukhari Vol. 4, pg. 140
apply the law
The President and his administrative staff &
subordinates
apply the law, trial court judges determine facts and
appellate
judges interpret the laws & constitution.
unpopular
belief
That means Muslims. Even they get equal protection of the
laws,
not found guilty without probative evidence.
military
What does the constitution say?
..".no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States.
Article VI http://www.heritage.org/constitution/#!/articles/6/essays/135/religious-test
Is
soldier an office of public trust?? Whose cause do they
fight
in, ours or Allah's ? Remember Nidal Malik Hasan's
business
card? It read "Soldier of Allah". That is a clue
for the
few who can grasp a clue.
Allah wants us defeated and gathered
into Hell 3.12 , that is the role of
Muslims: to do his wet work. Do you really want them in our armed
services???
threat
Islam, you damned fool, is a threat!!! Most people, like that
ignorant fool, are unaware of Moe's extortion letters. This one, part
of a collection in Ibn Sa'd's sira, is the most explicit of them.
Reasonable, open minded men of good will will curse Islam when they
read it:
http://www.soebratie.nl/religie/hadith/IbnSad.html#01.2.73.3
Sahih Bukhari, volume 9, page 237
contains a clear threat:
"How dare you
fight the people while Allah's Messenger
said,
'I
have been ordered to fight the people
till
they say: La ilaha illallah. And whoever
says La ilaha illallah,
saves
his wealth and his
life
from me unless he deserves a legal
punishment justly, and his account will be
with Allah.' " '"
Muslim ban
Candidate Trump did propose a Muslim ban and for good reason: numerous
plots, some foiled, others successful by Muslims, some of them first or
second generation immigrants. That history, combined with the
continuing threats from ISIS & al-Qaeda, constitute good cause
for
expelling and excluding the slaves of Allah who are obligated to do his
wet work.
Read the EO at the
New York Times
and see if you can find "Muslim" in it. "Islam" is included
in a
defense of the original travel ban, not in an
active
provision. Exactly how is an order that affects only 40% of
the
Ummah a Muslim ban?
appeals
Assumptions make an ass of you. Assuming that Judge
Gorsuch
would vote in favor of the EO without first hearing
the
arguments and reading the briefs made an ass of Leahy.
how I'd rule
The judge should rule after reading the briefs, hearing the arguments
and carefully examining the precedents. Canons of
judicial
ethics proscribe perjury. It is not his case yet and he should neither
have nor express an opinion on it.
Jihad
Click image to enlarge.
- Al-Jihid (holy fighting) in Allah's Cause (with full force
of numbers and weaponry)
- (0: Jihad means to war against non-Muslims,
and is etymologically derived from the word
mujahada, signifying warfare to establish the
religion. And it is the lesser jihad.
- The
literal expression is striving: extreme exertion. The
connotation
is Jihad In The Way Of Allah. "Strive hard and fight with your wealth and your
lives."
- How does one get injured or killed in Jihad an-Nafs?
3.156, 157. Fighting in Allah's cause
obviously means mortal combat.
- Ordained
for Muslims: its Islamic law. Offensive Jihad is a communal obligation
binding on the Ummah until a sufficient number have volunteered, then
the rest are relieved of the obligation.
Islam's Highest Peak
- 'hump (the most
prominent) of the deeds
- head of the matter
- it's pillar
- it's pinnacle
Highest peak; pinnacle: no
deed ranks higher in Islam!