Monday, January 21, 2019

The Problem with Fake News - It's Not an Innocent Mistake


Like President Trump or not, he has exposed how truly powerful and motivated our media is. They have the power to mold public opinion and are motivated to get eyes on websites and clicks on pages to earn their ad revenue. No longer do many media companies earn their income by paper sales and advertisements, but by online advertising, clicks, impressions, banners, pop-ups, and who knows what else. With that being the basis for advertising revenue, journalism has shifted from he who breaks the biggest and most important story, to he who breaks todays clickbait story (often involving the terms MAGA, Trump, or Conservative).

No longer are facts checked, sources verified, or the smell test even applied. Media sources, major ones, now run with a story of an unverified source from an eighth rate, high school drop out blogger for fear of missing out on the clicks. It is a model that breeds...and excuses negligent journalism – so long as eyes are on the page. They can always print a retraction on page 17 of their paper which no one reads anymore, or at 3 am in a list of retractions no one will ever see, or at a page on their website that has no way to access unless you type it in directly to your browser.

The current overhyped media train-wreck deals with the republished Buzzfeed report about white, MAGA hat wearing teens harassing an American Indian war veteran. It seems an odd premise to begin with, but it went from Buzzfeed to CNN to MSNBC to Huffpost to Mother Jones to The New York Times to the Washington Post to hundreds if not thousands of other media outlets, and even Fox News. The perpetrators, according to the media, were a bunch of MAGA hat wearing, private catholic school attending, white children from Kentucky participating in the March For Life, a march that the media gave no attention to until MAGA got involved. 

A clip surfaced showing a young man named Nick Sandmann and a now known, professional protestor, Native American, and Veteran Nathan Phillips face to face. Phillips banging his drum in Sandmann's face and Sandmann standing firm with a smile on his face. Immediately the media went nuts on the White, Male, MAGA hat wearing, Catholic teenager from Kentucky. How dare he? Who is he to smirk? Legislators, actual legislators, called for a ban of MAGA hats for teenagers. A sitting US Congressman actually said "I am calling for a total and complete shutdown of teenagers wearing MAGA hats until we can figure out what is going on. They seem to be poisoning young minds.” He has since attempted to walk this back as an actual joke, but his tweet sure didn't seem jokey to me.  Judge for yourself:
Eventually, after millions of people visited media websites for hours and hours, watching the edited video of the altercation, did the full video come to the public.  A new set of videos people could watch on the same media websites for more clicks and impressions and whatever else you call them.  This video now showed those students and others, including those participating in the Indigenous Peoples Rally, being subjected to the ire of the Black Hebrew Israelites, a group of the most racist people around.  In law school, I was subject to their verbally harassing street attacks and have had several friends experience the same.  They hurled racist insults at many in the area.  

Then came the showdown, as all we had been privy to previously, was the video of young Nick Sandmann smirking in Nathan Phillips face as he beat a drum.  We were told he walked up to Phillips and blocked his way.  Of course, the video told another tale, the truth.  Phillips walked up into the face of the teenager and began to chant and bang his drum in his face.  

Im glad that Nick had the self restraint to sit there and take it, because a lot of people would have pushed the drum away, pushed Phillips away, or worse.  But not Nick Sandmann, he stood his ground, as a teenager, in the face of an adult professional protester hoping to evoke a response.  To see what a real disrespect to an elderly protester looks like, this was video taken during the Brett Kavanaugh hearings.  Please don't get me started on the mass of fake news spewed during that fiasco.  



Before this, Buzzfeed put out a report that the President directed his now disgraced Attorney, Michael Cohen to lie to Congress.  This was spread around the internet and social media, to the point that Robert Muller had to have a statement drafted, refuting the claim.  CNN even had the Buzzfeed editor on to discuss how he would stand behind this story, despite any lack of credible corroboration.   But hey, how many eyes got on pages, how many clicks were made, how much in advertising revenue generated during the one to two days this was sensationalized.  

Let us also not forget about Jim Acosta and his series of broadcasts that he thought would demonstrate how safe our border is.  Each video showing the serene sunsets, the local restaurants, the shuffle board courts, and no migrants trying to enter.  He did this, and chose these locations to show a lack of people trying to get in, to create fake news that there are no illegal crossings occurring and thus no need for any wall.  Of course the nation mocked him and even called out his nonsense, including President Trump who comically tweeted:




This all isn't to say that mistakes don't happen.  Look what Fox News broadcasted earlier today...

Shortly thereafter, an apology was put out and an admission made as to their mistake.  What can be taken from this?  It's part of that continuing need to be first, whether correct or not.  He who breaks the story first, often gets the greatest exposure.  No one should be surprised that the media wants to prepare for this.  Think how fast a teenager from Kentucky and a Native American beating a drum filled up every social media news feed, whether you are a news addict or the most uninformed social media user in America.  Now imagine a 3rd Supreme Court pick for President Trump, being able to replace a relatively liberal Justice with someone center to right.  Every conservative will be celebrating the President's ability to nominate, every liberal lamenting the passing of one of their Judicial heroes, fearing the next nomination of the President.  This is big, big, big bucks to the media.  

I make it a point, when I see a sensationalistic headline, to not believe it until I verify it.  Part of that is to read the article, yes the whole thing.  Far too often, headlines seem to be from outer space, preaching the worst, the craziest, the scariest notion, to find nothing about the headline in the article.  

Once upon a time, we lived in a world where we could trust the honest journalist trying to break a story.  Now, we are often left with half stories, edited videos, unconfirmed sources, and sometimes abject fabrication.  Our media frequently tells us what to be mad about, what to care about, what to discuss, and on and on and on.  This isn't done out of the goodness of their heart, their desire to be transparent media, or their desire to inform the masses.  Journalism is a business, and while the tangible paper may be dying, the online business is booming - and dependent on your eyes and mouse using their product.  

Be smart and vigilant in what you believe.  Misuse of the 1st Amendment is every bit as dangerous as misuse of the 2nd Amendment.  Just ask Nick Sandmann, the subject of death threats, doxxing, and attempted derailment of his future.  Oh, and proposed violence from former CNN religion specialists...


Monday, December 31, 2018

The Irony of George Washington's Christmas Crossing of the Delaware

During the Christmas week, I saw the following image across several Facebook pages, this coming from AmericanAF 
Many people who see this image don't know that it relates to a series of battles that began with a surprise Christmas attack on the British stationed in New Jersey and followed up with a few battles just after New Years.  General Washington then returned victorious, to Morristown where he made his winter Headquarters.  For more details, see the Wikipedia page on this topic.

It really had me thinking, given current New Jersey politics, as a New Jersey resident and as a history buff.  This was a time, where people did not like how they were governed and were willing to do something about it.  They made sacrifices that most cannot fathom, giving up family, comfort, food, sleep, and life.  Further, they did it, in part, in New Jersey.  The net result was a Government of the People, by the People, and for the People.  

I'm not saying that the current climate in New Jersey is anywhere as bad or in need or armed insurrection, but once upon a time, people did not like how they were governed and they did something about it.  They didn't post on Facebook, they didn't comment on other peoples posts and consider it activism, they didn't talk only to like minded people, and they didn't let having to take a day off serve as a deterrent to participation.

In this State, we have elected a Governor, and yes WE elected him, even those who voted against him.  Turnout for the vote for his opponent was pitiful, and elected him as much as the votes in support of his candidacy.  Just as Donald Trump is YOUR President (whether you like him or not), Phil Murphy is OUR Governor (whether you like him or not).  

The question remains, will you do something about it other than social media commentary on posts of others?  Will you March Against Murphy this coming March?  Will you campaign for his opponents?  Will you donate to causes that will stand up against his extreme left policies?  Will you write letters to the Editor of Media Outlets?

If not, we will:
- Have more of our Second Amendment Rights infringed;
- Continue to be a Sanctuary State enabling the release of Murderers and criminals;
- Be continuing the attack on law abiding residents;
- See our taxes continue to skyrocket;
- See minimum wage nearly double and cripple small businesses; 
- Dump millions if not billions into NJ Transit, with no cost shared by the actual user;
- Continue to borrow against our children's futures by more bond initiatives; 
- Spend more NJ Taxpayer money to provide legal counsel for Illegal Immigrants in FEDERAL Immigration Court;
- Continue to require our LEO to avoid information sharing with Federal Officials; 
- Continue to fill Government positions (including Cabinet positions) based upon race and sex as opposed to qualifications;
- Continue to have a NJ only Obamacare;
- Keep moving forward towards a "fairer" "safer" NJ.

The choice is yours, time to act.  Don't wait until the election year.  

Tuesday, December 11, 2018

Fear Mongering in New Jersey 2A

(This Article was originally posted on www.NJGunforums.com

It’s no secret that it isn’t easy being a New Jersey firearm owner. We battle gun control activists, all branches of our State government, and most recently, ourselves. With the reduction of permissible magazine capacity from 15 to 10 rounds, firearm owners, Second Amendment advocates, and others have voiced concern from “the sky is falling” to “so what?”  

I’m not in either camp. I do not believe the sky is falling, nor am I indifferent to the new restrictions on our constitutional rights. That said, powerful voices within the Second Amendment community are seeking to warn that the sky is falling. Many call this fear mongering, and I agree. It may be an attempt to rally the troops, so to speak, but I don’t think that is the outcome or the intent of the warnings. 

Members of the pro 2a community have seen warnings of varying severity as of late.  There have been warnings of mass raids on those who own firearms capable of accepting large capacity magazines.  There have been warnings that Governor Phil Murphy must conduct raids for fear of political retribution.  There have been articles posted speaking of searches of homes without probable cause (during a search for terrorist bombers).  There have been threats that people are facing consecutive 18 month prison terms and aggregated sets of $10,000 fines totaling 115 years in jail and a million in fines.  

Let me say that I disagree with the new restrictions on our constitutional rights, disagree with recent court opinions upholding these restrictions, and support the advent of a system that would allow from the permissible carry of firearms in New Jersey. 

Full disclosure, I can’t call this legal advice as I can’t predict every scenario, but I can offer some perspective and try and quell some of the fear that has been heightened over the last few days. That’s not to say that there should be no fear, the government has just infringed on our constitutional rights and our Governor and Attorney General are hostile to our cause, but the onslaught currently occurring, is making people think tomorrow is the day my local PD raids my home because I own a Glock 19 or a Beretta 92fs. 

As we stand here, on the eve of many of our friends turning into criminals for doing nothing more than inaction, and we stand here having had our constitutional rights limited, illegally and against our will, I thought people could use another perspective.  A perspective on seeking to help some of us figure it out, and not scare some of us into hiding or moving out of state and reducing the size of the community here to support the Second Amendment. 

We, those of us on discussion groups and forums, are among the most educated gun owners in the State. There are hundreds of thousands of gun owners in the state, but Facebook groups and forums have 2,000 to 10,000 people participating in the discussion. Quite honestly, I’d expect Joe Schmo gun owner, who got a pistol after watching the expendables because it looked cool, who really has no idea about the mag ban or his Second Amendment rights, to run afoul of the law before any of us do. That said, I hope, that any person who unknowingly or mistakenly brings a “large capacity magazine” to a range or gun club, is told to take it home or throw it out, and not have the police called on them. I can’t imagine any range that did that would be in business long anyways.

I have a hard time with someone, especially someone knowledgeable, suggesting that the simple act of owning a gun that can accept large capacity magazines, is grounds for large scale raids.  That IS fear mongering.  Raids require search warrants. Search warrants require probable cause. Probable cause has to be determined by a Judge, yes a New Jersey Judge, but a Judge nonetheless.  It’s not some willy nilly standard. There have to be proofs of the illegality, descriptions of the items they are seeking, and enough facts, specific facts, to overbear your fourth amendment rights. I have participated in a large amount of search warrants, from the drafting of the affidavit, to appearing with the officer in front of a Judge, defending search warrants on motions to suppress, and challenging searches based on the fourth amendment. I would not approve an officer seeing a judge, nor would I ever expect a judge to approve a search warrant based on the following:

“John Doe is a resident of New Jersey.  In 2009, he purchased a Beretta 92fs, a 9 millimeter pistol.  That firearm is capable of accepting a magazine that contains more than 10 rounds. Based upon the previous, we believe that we have probable cause to believe that he has a large capacity magazine.”  

Even in New Jersey that isn’t going to fly.  It’s probable cause to believe, not a hunch. Without more, that’s simply a hunch. That isn’t to say that information won’t be part of an application for a search warrant, but there must be more. Someone witnessing a large capacity magazine, posting photos of their large capacity magazines to social media, or bragging about keeping them or using them could certainly further the quest to search a home. What I find sad, is with specific knowledge of what is required for a search warrant, people are still stoking the fires of fear regarding mass raids.

A general understanding of New Jersey sentencing law, or even common sense demonstrates that no one is actually facing 115 years in jail or a million dollars in fines for possessing non compliant large capacity magazines. That doesn’t mean that those sentiments aren’t being floated around the 2a community.  The law prohibits the possession of magazines over 10 rounds just like it prohibits possessing hollow points outside of the limited exceptions of title 39 of our criminal code. Not even New Jersey would allow for punishment per bullet, a 50 round box allowing for a maximum sentence of 75 years or a super dangerous box of 525 .22’s hollow points allowing for a maximum sentence of 787 years in jail. Similarly, simple possession of 50 large capacity mags will not get you 75 years. With very limited exception, fines other than mandatory ones are not doled out very often in Superior Court. I’d say I’ve seen 10 defendants receive discretionary fines in my career of thousands of cases in Superior Court, and never, ever, have I seen the maximum fine levied. That said, with no record and being a lawful gun owner, possession of a prohibited device such as a large capacity magazine is a fourth degree crime, which means that there is a presumption of non-incarceration. Having no record, a person is more likely to have pretrial intervention or probation than face the grim prospect of 18 months in prison, let alone 115 years. I’m in no way saying I agree that it should be illegal, but likely punishment potential needs to be kept in perspective and not allowed to run amok. 

A suggestion was also made by a prominent voice that exigency would allow for warrantless searches of homes. In support, an article was cited Related to the 2013 Boston bombing, though oddly making no mention of the bombing or the search being for the bombers. To place that into context, several people, including an unsuspecting law enforcement officer were murdered. Hundreds were maimed, hurt, and mutilated. The police were on a manhunt for a terrorist who literally blew up part of Boston, not an illegally retained Glock magazine. It’s pretty imbecilic to think that their ulterior motive was to nail unsuspecting gun owners.

Instead of stoking the aforementioned flames of fear and telling people to prepare for mass raids for non-compliant magazines, It might be more instructive to inform people, many whom do not posses sophisticated knowledge of the law, with some of their rights. 

If Law Enforcement Officers show up and ask to see your weapons or gun safe, you are free to say no.  That is your home and the fourth amendment guarantees that you shall be free from unreasonable searches and seizures in it.  Be careful though, as well trained Law Enforcement are very slick.  They will try their hardest and may say anything to get into your home if that is their mission.  They can’t arrest you for not consenting, but they sure might bluff.  That’s all it is, a bluff. 

If Law Enforcement ask you questions such as “do you have magazines that are non-compliant,” you are free to remain silent.  Don’t lie, just be silent and say I don’t wish to speak with you. It is easier said than done as police are instructed on how to manipulate targets to get them to allow searches, waive miranda, etc.  

If the Police threaten that they will get a search warrant if you don’t consent, tell them ok.  They have as much a right to attempt to obtain a search warrant as you do to deny their request for a consent search.  It’s an absolute they will get in and search if you consent. It’s not absolute that they will be granted a search warrant, and if they do, you can challenge it later in court. 

If people are worried about parts of the law, they should speak directly with a lawyer about their particular situation so that they can get accurate advise.   That’s my 2 cents, feel free to disregard, I won’t force anyone to do or believe anything, I just want you to know their are other informed opinions out there that aren’t total doom and gloom.