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CommonSenseDemocrat's Journal
CommonSenseDemocrat's Journal
February 27, 2016

Compared to January 20, 2009, are you?

(This is a personal question, not a national or global question.)

February 26, 2016

Hillary and Donald love to kick the black people out

They love to kick the black people out and falsely threaten them with criminal charges.

February 25, 2016

If you could go back in time, Miers or Alito?

Would you want Harriet Miers, arguably less qualified than Samuel Alito but arguably more moderate than Alito? Or would you want Alito over Miers? I'm not giving any other options, because the objective of this poll is to see should the Democrats have let Miers be confirmed in 2005/2006?

February 25, 2016

Is a name change a workaround to beating Brady regulations?

Some states prevent felons from doing a name change, but not every state. Nor do I think there should be a prohibition on name changes, but rather an update to one's FBI file that a name change had occurred and to what. I don't think that process exists.

February 24, 2016

How can you be pro torture yet anti war (Donald Trump)

I don't get it.

February 24, 2016

Assume Sandoval is nominated

Assume the Senate GOP does not hold a vote

Assume a Democrat is elected on Election Day

Assume a Democratic Senate is elected

What should Obama do on Election Wednesday?

February 24, 2016

General Election Poll

Assuming these are the nominees

February 24, 2016

Very well written opinion by the Texas Court of Criminal Appeals

In regards to the Rick Perry criminal case.


(Scroll down for Ex Parte Perry to see the opinions)

I might get flamed for this because Perry is a Republican, but the prosecution against Rick Perry was not only unconstitutional, in that a governor can veto bills and must discuss the vetoes of those bills constitutionally via a message, the charging instrument itself never negated a statutory justification that Perry was acting in a governmental capacity.

The broader story that is not being covered in all of this is Perry still had to spend $2 million to beat charges that were extremely specious both statutorily and constitutionally. But what happens when you don't have $2 million? What happens when the prosecutor gets the law itself wrong?

There is one case where that happened. Haley v. Texas. Haley sentenced to 16 years for stealing a calculator. The problem was, he was sentenced incorrectly as a habitual offender, even though the defendant did not meet the statutory requirements. The defense attorney was incompetent and did not object to the habitual offender classification.

However, the State of Texas was not content to let Mr. Haley free. The solicitor general - Ted Cruz - argued before the Supreme Court against a pro se habeas corpus petition that he was actually innocent of being a habitual offender. Cruz won ... 5-4 with Antonin Scalia in the majority.


Regardless of whether the Travis County District Attorney's office prosecutes Texas public misconduct cases, the elected district attorney was still arrested with video and blood evidence of aggravated Driving While Intoxicated, blood alcohol content 0.23. Ironically, the same office charged and successfully convicted a black man with capital murder for killing people during SXSW while driving under the influence with a much lower BAC, 0.114. Perry's position, even if disagreeable, was reasonable that Lehmberg resign for her DWI. At any rate, it did not meet the statutory and constitutional requirements for Perry to be charged with a felony offense.



The Texas Democratic Party support of this prosecution has further enabled unfair prosecutorial misconduct in Texas, the one that Cruz and Scalia have supported under their interpretation of the Constitution, and it has set back legitimate investigations of public office misconduct in Texas. In fact, the Texas Legislature was gearing up to move the Public Integrity Unit from the Travis County DA to the Attorney General's office and would have had the Attorney General not been (legitimately) indicted himself for securities fraud.


February 24, 2016

Thoughts on the Kalamazoo shooting

I found it noteworthy that the Uber driver who went on this massacre had neither a criminal record nor a mental health record. Some reporters were grasping at straws that he had traffic tickets from 1998 to 2006.

What I think the issue here is the ease of which a person can acquire a firearm, regardless of reputation or history. The mere fact of having to take fingerprints and having to go through a fair non arbitrary process to acquire a firearm discourages the would be psychopaths with clean records from getting a gun.

I'll concede that gun licensing does not deter all gun crimes and may even cause a rise in some other violent crimes as a result of lack of fear of self defense. But I seriously can't remember that last time there was a mass shooting in New York State or Hawaii, states with strict gun control laws.

Gun licensing for all people should be required. This should even include being able to participate at a gun range (so we don't have a repeat of Sandy Hook).

People can be mentally ill without going to a doctor. Kalamazoo should teach us, rather that simply stigmatizing voluntarily receiving mental health care, we should rather have smarter gun control laws that actually prevent guns from being so readily available even to the undiagnosed.

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