Judge Hanen Orders Top DHS Brass to Texas

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U.S. District Judge Andrew Hanen is NOT pleased with the Department of Homeland Security over lies, non-compliance and obstruction.

For some background:

Deputy Assistant Attorney General Kathleen Hartnett could not explain why multiple DOJ lawyers — herself included — told the court multiple times over two and a half months that DHS would not be accepting requests for deferred action under the challenged order until mid February. She implausibly claimed that the legal team thought the injunction request did not apply to the expansion of DACA under the president’s November order — despite the clear words of the states’ initial filings and explicit statements made in court. It seems clear what Hanen thinks happened:

“When I asked you what would happen and you said nothing, I took it to heart. I was made to look like an idiot,” Hanen told Hartnett. “I believed your word that nothing would happen. . . . Like an idiot, I believed that.”

Read more at: http://www.nationalreview.com/article/415795/did-doj-lie-judge-hanen-editors

Dated July 7, 2015:

Judge Hanen has ordered Secretary Jeh Johnson; Gil Kerlikowske, the Commissioner of U.S. Customs and Border Protection; Kevin McAleenan, Deputy Chief of U.S. Border Patrol, Sarah Saldana, Director of U.S. Immigration and Customs Enforcement and Leon Rodriguez, Director of U.S. Citizenship and Immigration Services to his courtroom to answer for their non-response to his order.

Reading the order issued by Judge Hanen, it proves his tolerance has been exploited by all the agencies above. Hat tip to Josh Blackman.

§

ORDER
This Court held a hearing on June 23, 2015, at which time both parties indicated that they are making progress toward a resolution of discovery requests made by the Plaintiffs with regard to the Government’s belated revelation that it had implemented portions of the November 20, 2014DHS Memorandum prior to the February 18, 2015 start date provided to Plaintiffs and the Court by defense counsel. Given the fact that counsel for both sides indicated that progress has been made and have requested more time to reach an agreement, this Court granted the parties additional timeto seek a resolution of these pending issues. The parties are to file a status report with the Courtdescribing any agreement reached on Plaintiffs’ discovery requests and any resolution with regard to the approximately 108,800 individuals who were granted benefits pursuant to the 2014 DHSMemorandum between the date of that Memorandum and this Court’s injunction. The parties haveuntil July 31, 2015, to file that status report. The Court will resolve any and all questions regardingfuture discovery and/or sanctions once it reviews the parties’ report.This, however, does not resolve the issue as to the approximately 2,000 individuals that weregiven various benefits in violation of this Court’s order after the injunction was issued. The Courtwas first apprised by the Government of the violations of its injunction on May 7, 2015. It admitted that it violated this Court’s injunction on at least 2,000 occasions—violations which have not yet been fixed. This Court has expressed its willingness to believe that these actions were accidentaland not done purposefully to violate this Court’s order. Nevertheless, it is shocked and surprised at the cavalier attitude the Government has taken with regard to its “efforts” to rectify this situation. The Government promised this Court on May 7, 2015, that “immediate steps” were being taken toremedy the violations of the injunction. [
See
Doc. No. 247]. Yet, as of June 23, 2015—some sixweeks after making that representation—the situation had not been rectified. With that in mind, theCourt hereby sets a hearing for August 19, 2015, at 10:00 a.m. Each individual Defendant mustattend and be prepared to show why he or she should not be held in contempt of Court. In additionto the individual Defendants, the Government shall bring all relevant witnesses on this topic as theCourt will not continue this matter to a later date. The Government has conceded that it has directlyviolated this Court’s Order in its May 7, 2015 Advisory, yet, as of today, two months have passed since the Advisory and it has not remediated its own violative behavior. That is unacceptable and,as far as the Government’s attorneys are concerned, completely unprofessional. To be clear, thisCourt expects the Government to be in full compliance with this Court’s injunction. Complianceas to just those aliens living in the Plaintiff States is not full compliance.If the Government remedies this situation and comes into compliance with this Court’sinjunction by July 31, 2015, it shall include a summary of that situation in the July 31, 2015 reportto the Court. If the Court is satisfied with the Government’s representations, it will cancel theAugust 19, 2015 hearing. Otherwise, the Court intends to utilize all available powers to compel compliance.
2  
This Court began its last hearing by explaining its reluctance to sanction any party or attorney. If nothing else, sanctions bog both the parties and the Court down on side issues thatdetract their attention from the real focus: the merits and resolution of the case. Nevertheless, noreasonable person could possibly consider a direct violation of an injunction a side issue. Furthermore, at some point, when a non-compliant party refuses to bring its conduct intocompliance, one must conclude that the conduct is not accidental, but deliberate. If these violationshave not been corrected by the end of this month, absent very compelling evidence, which this Courtwill be glad to consider, the only logical conclusion is that the Government needs a stronger motivation to comply with lawful court orders. Neither side should interpret this Court’s personal preference to not sanction lawyers or parties as an indication that it will merely acquiesce to a party’s unlawful conduct.Signed this 7th  day of July, 2015. ________________________________ Andrew S. HanenUnited States District Judge
3
 

 

Hamas, Qatar and the Sinai, Terror Attacks

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Of particular note, U.S. Central Command has a satellite location in Qatar. Qatar is the location of the Taliban 5 released in exchange for Army deserter Bowe Bergdahl and Qatar is the ‘go-to’ country that Barack Obama and Hillary Clinton launched as the official Middle East diplomacy interlocutor. Corruption reigns in Qatar. The United States policy under Barack Obama is dealing with the devil.

 

From Reuters:

Israel says Islamic State’s Sinai assault aimed to help Hamas get arms

Israel accused Hamas on Tuesday of supporting last week’s assaults by Islamic State affiliates on Egyptian forces in the Sinai in hope of freeing up arms smuggling to the Gaza Strip.

The remarks followed Israeli allegations that Hamas members provided training and medical treatment for the Sinai insurgents – charges dismissed by the Palestinian Islamist group as a bid to further fray its troubled ties with Cairo.

Egypt said more than 100 insurgents and 17 of its soldiers were killed in Wednesday’s simultaneous assaults, carried out against military checkpoints around the North Sinai towns of Sheikh Zuweid and Rafah. Islamic State’s Egypt affiliate, Sinai Province, took credit for the attacks.

Rafah straddles the border between Egypt and Gaza and had long seen smuggling to the Hamas-controlled enclave. But Cairo has been cracking down on such activity and deems Hamas a threat to Egyptian interests.

An Israeli intelligence colonel responsible for monitoring the borders with Egypt and Gaza said on Tuesday that Hamas, short of weaponry after its war against Israel last year, supported the Sinai assaults with the “objective of opening up a conduit” for renewed smuggling. More here.

Reports Prove Qatar is a sponsor of terror.

From the Jerusalem Center for Public Affairs:

On July 2, the Egyptian El Balad channel reported statements by Egyptian security experts that the explosives used to assassinate Prosecutor-General Hisham Barakat were delivered to Egypt through the Qatari embassy’s diplomatic mail. Meanwhile, the Jordanian newspaper Al-Arab al-Youm openly accused Qatar of being behind the attack. In a July 5 report, the newspaper claimed Qatar had funded the terror attack by the Islamic State’s Ansar Beit al-Maqdis against Egyptian army units in Sinai; it also allegedly had brought terror operatives from Syria, Iraq, and Libya to Sinai, where they had undergone training for the attack.

The report also claimed that Qatar had coordinated the media coverage of the Sinai onslaught in the Arab and international media. For example, Al Jazeera, which broadcasts from Doha and is funded by the Qatari government, provided direct coverage of the offensive against the Egyptian army from the moment it began that day at seven in the morning, and highlighted the raising of the black flags of Islamic State in the town of Sheikh Zuweid.

These reports are substantiated by the rising tension between Egypt and Qatar in recent days. Two days after last week’s attacks in Egypt, the Egyptian Foreign Ministry appointed Mohamed Awad — previously its ambassador to Qatar — to the post of Egyptian consul-general in Mumbai while leaving the Egyptian embassy in Doha without an ambassador. The Egyptian ambassador to Qatar was recalled in January 2014 to protest “Qatar’s interference in Egypt’s internal affairs” and since then had waited in Cairo to be reassigned. Egyptian commentators view this step as Egypt signaling its displeasure to Qatar, as well as the fact that Egyptian security officials are aware of Qatar’s involvement in the recent terror incidents. Although Qatar issued a condemnation of the Egyptian prosecutor-general’s assassination, Egyptians have dismissed Qatar’s statement as a standard denunciation and no more than lip service.

Emails Prove the IRS and DoJ Worked to Destroy Public Integrity

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Lois Lerner did not operate on her own, not by a long shot, so the devil is in the details and they continue to emerge from our friends at Judicial Watch. The White House had a serious hand in this as noted below as well as Senator Sheldon Whitehouse, (no joke on that last name either)

Imagine a Federal court having to rule against the IRS when a legal group has to keep suing them. We have a trifecta of collusion and could even be a RICO crime.

Federal Court Orders IRS to Produce Newly Recovered Lois Lerner Emails, IRS Fails to Meet Court Deadline

President Tom Fitton announced today that Judge Emmet Sullivan ordered the IRS last week to begin producing, every Monday, nearly 1,800 newly recovered Lois Lerner emails.  Judge Sullivan ruled on the matter from the bench during a status conference on July 1, 2015.  Despite the court order, the IRS failed to produce any Lois Lerner emails yesterday.  The IRS also failed to provide Judicial Watch a status of the Lois Lerner email production issues, as also ordered by Judge Sullivan.

The Treasury Inspector General for Tax Administration (TIGTA) recovered the emails from IRS back-up tapes.  TIGTA was able to locate the Lois Lerner back-up tapes within one day of requesting them from the IRS.

A report released today by TIGTA on the Lois Lerner email controversy confirms that the IRS failure to timely search its back-up tapes resulted in 24,000 Lois Lerner emails being destroyed.  The TIGTA report also confirms that IRS Commissioner John Koskinen delayed informing Congress (and the courts) for months about Lois Lerner’s email issue.  (Judge Sullivan ordered the IRS to produce the TIGTA report to chambers the next day for in camera review at the July 1 hearing.)

The TIGTA report details that the Treasury Department also knew about the Lerner email problems for months but made no public disclosure.  TIGTA discloses that other records remain missing, including potentially over 300 IRS hard drives. The office of IRS Chief Counsel William J. Wilkins, an Obama political appointee, oversaw the mishandling of the Lois Lerner email issue.

“The IRS, working through the Justice Department, has violated an explicit federal court order to begin turning over Lois Lerner’s ‘lost’ emails,” stated Judicial Watch President Tom Fitton.  “The Obama IRS’ contempt for the courts and for Congress resulted in a massive destruction of evidence.  IRS Commissioner John Koskinen’s and IRS Chief Counsel William J. Wilkins’ resignations are long overdue.”

The developments come in Judicial Watch’s Freedom of Information Act (FOIA) lawsuit seeking documents about the Obama IRS’ targeting and harassment of Tea Party and conservative opponents of President Obama (Judicial Watch, Inc. v. Internal Revenue Service (No. 1:13-cv-01559)).  Judicial Watch’s litigation forced the IRS first to admit that Lerner’s emails were supposedly missing and, then, that the emails were on IRS back-up systems.

In November 2014, the IRS told the court it had failed to search any of the IRS standard computer systems for the “missing” emails of Lerner and other IRS officials.

On February 26, 2015, TIGTA officials testified to the House Oversight and Government Reform Committee that it had received 744 back-up tapes containing emails sent and received by Lerner.  This testimony showed that the IRS had falsely declared to Congress, Judge Sullivan and Judicial Watch that Lerner’s emails were irretrievably lost.

*** As if this is not enough, there were other nefarious meetings and they included prosecuting you for just voicing grievances.

Judicial Watch: New Documents Reveal DOJ, IRS, and FBI Plan to Seek Criminal Charges of Obama Opponents

Judicial Watch today released new Department of Justice (DOJ) and Internal Revenue Service (IRS) documents that include an official “DOJ Recap” report detailing an October 2010 meeting between Lois Lerner, DOJ officials and the FBI to plan for the possible criminal prosecution of targeted nonprofit organizations for alleged illegal political activity.

The newly obtained records also reveal that the Obama DOJ wanted IRS employees who were going to testify to Congress to turn over documents to the DOJ before giving them to Congress. Records also detail how the Obama IRS gave the FBI 21 computer disks, containing 1.25 million pages of confidential IRS returns from 113,000 nonprofit social 501(c)(4) welfare groups  – or nearly every 501(c)(4) in the United States – as part of its prosecution effort. According to a letter from then-House Oversight Committee Chairman Darrell Issa (R-CA) to IRS Commissioner John Koskinen, “This revelation likely means that the IRS – including possibly Lois Lerner – violated federal tax law by transmitting this information to the Justice Department.”

The documents were produced subsequent to court orders in two Judicial Watch Freedom of Information Act (FOIA) lawsuits: Judicial Watch v. Internal Revenue Service (No. 1:14-cv-1956) and Judicial Watch v. Department of Justice (No. 1:14-cv-1239).

The new IRS documents include a October 11, 2010 “DOJ Recap” memo sent by IRS Exempt Organizations Tax Law Specialist Siri Buller to Lerner and other top IRS officials explaining an October 8 meeting with representatives from the Department of Justice Criminal Division’s Public Integrity Section and “one representative from the FBI” to discuss the possible criminal prosecution of nonprofit organizations for alleged political activity:

On October 8, 2010, Lois Lerner, Joe Urban [IRS Technical Advisor, TEGE], Judy Kindell [top aide to Lerner], Justin Lowe [Technical Advisor to the Commissioner of Tax-Exempt and Government Entities], and Siri Buller met with the section chief and other attorneys from the Department of Justice Criminal Division’s Public Integrity Section, and one representative from the FBI, to discuss recent attention to the political activity of exempt organizations.

The section’s attorneys expressed concern that certain section 501(c) organizations are actually political committees “posing” as if they are not subject to FEC law, and therefore may be subject to criminal liability. The attorneys mentioned several possible theories to bring criminal charges under FEC law. In response, Lois and Judy eloquently explained the following points:

  • Under section 7805(b), we may only revoke or modify an organization’s exemption retroactively if it omitted or misstated a material fact or operated in a manner materially different from that originally represented.

 

  • If we do not have these misrepresentations, the organization may rely on our determination it is exempt. However, the likelihood of revocation is diminished by the fact that section 501(c)(4)-(c)(6) organizations are not required to apply for recognition of exemption.

 

  • We discussed the hypothetical situation of a section 501(c)(4) organization that declares itself exempt as a social welfare organization, but at the end of the taxable year has in fact functioned as a political organization. Judy explained that such an organization, in order to be in compliance, would simply file Form 1120-POL and paying tax at the highest corporate rate.

Lois stated that although we do not believe that organizations which are subject to a civil audit subsequently receive any type of immunity from a criminal investigation, she will refer them to individuals from CI who can better answer that question. She explained that we are legally required to separate the civil and criminal aspects of any examination and that while we do not have EO law experts in CI, our FIU agents are experienced in coordinating with CI.

The attorneys asked whether a change in the law is necessary, and whether a three-way partnership among DOJ, the FEC, and the IRS is possible to prevent prohibited activity by these organizations. Lois listed a number of obstacles to the attorneys’ theories:

[REDACTED]

She pointed to Revenue Ruling 2004-6, which was drafted in light of the electioneering communication rules before they were litigated.

Just prior this meeting, the IRS began the process of providing the FBI confidential taxpayer information on nonprofit groups. An IRS document confirms the IRS supplied the FBI with 21 disks containing 1.25 million pages of taxpayer records:

FROM: Hamilton David K

SENT: Tuesday, October 5, 2010  2:49 PM

TO: Whittaker Sherry [Director, GE Program Management], Blackwell Robert M

SUBJECT: RE: Question

There are 113,000 C4 returns from January 1, 2007 to now. Assuming they want all pages including redacted ones, that’s 1.25 million pages … If we get started on it right away, before the 10th when the monthly extracts start, we can probably get it done in a week or so….

The DOJ documents also include a July 16, 2013, email from an undisclosed Justice Department official to a lawyer for IRS employees asking that the Obama administration get information from congressional witnesses before Congress does:

One last issue. If any of your clients have documents they are providing to Congress that you can (or would like to) provide to us before their testimony, we would be pleased to receive them. We are 6103 authorized and I can connect you with TIGTA to confirm; we would like the unredacted documents.

“These new documents show that the Obama IRS scandal is also an Obama DOJ and FBI scandal,” said Judicial Watch President Tom Fitton. “The FBI and Justice Department worked with Lois Lerner and the IRS to concoct some reason to put President Obama’s opponents in jail before his reelection. And this abuse resulted in the FBI’s illegally obtaining confidential taxpayer information. How can the Justice Department and FBI investigate the very scandal in which they are implicated?”

On April 16, 2014, Judicial Watch forced the IRS to release documents revealing for the first time that Lerner communicated with the DOJ in May 2013 about whether it was possible to launch criminal prosecutions against targeted tax-exempt entities. The documents were obtained due to court order in an October 2013 Judicial Watch FOIA lawsuit filed against the IRS.

Those documents contained an email exchange between Lerner and Nikole C. Flax, then-chief of staff to then-Acting IRS Commissioner Steven T. Miller discussing plans to work with the DOJ to prosecute nonprofit groups that “lied” (Lerner’s quotation marks) about political activities. The exchange included a May 8, 2013, email by Lerner:

I got a call today from Richard Pilger Director Elections Crimes Branch at DOJ … He wanted to know who at IRS the DOJ folk s [sic] could talk to about Sen. Whitehouse idea at the hearing that DOJ could piece together false statement cases about applicants who “lied” on their 1024s –saying they weren’t planning on doing political activity, and then turning around and making large visible political expenditures. DOJ is feeling like it needs to respond, but want to talk to the right folks at IRS to see whether there are impediments from our side and what, if any damage this might do to IRS programs. I told him that sounded like we might need several folks from IRS…

Democratic Rhode Island Senator Sheldon Whitehouse held a hearing on April 9, 2013, during which, “in questioning the witnesses from the DOJ and IRS, Whitehouse asked why they have not prosecuted 501(c)(4) groups that have seemingly made false statements about their political activities…”

The House Oversight Committee followed up on these Judicial Watch disclosures with hearings and interviews of Pilger and his boss, DOJ Public Integrity Chief Jack Smith. Besides confirming the DOJ’s 2013 communications with Lerner, Pilger admitted to the committee that DOJ officials met with Lerner in October 2010. Judicial Watch obtained new documents about these meetings in December 2014 showing the Obama DOJ initiated outreach to the IRS about prosecuting tax-exempt entities.

Following Judicial Watch’s lead, the House also found out about the IRS transmittal of the confidential taxpayer information to the FBI. Because of this public disclosure, the FBI was forced to return the 1.25 million pages to the IRS.

Sanctuary Cities, Don’t Ask Don’t Tell

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Let’s get real, this is a funded ‘shut up’ program.

We often refer to them as illegal immigrants and are slammed for using the word illegal, but the Department of Justice itself uses the term ‘criminal’ when referring to foreign nationals in America unlawfully.

Imagine a system that complies with the 9/11 Commission recommendations that every lawmaker in Washington signed on to such that ICE or Border Patrol would follow the law and confusion and collusion would not permeate across governments that invite deadly disasters.

The most recent deadly event of an illegal foreign national in America occurred in San Francisco, a sanctuary city, one of hundreds in America.  The man, now arrested gave his confession and reason for being in the United States and killing the woman. Barack Obama himself advised the California governor to advance and approved the Trust Act. It essentially eliminates the ‘hold requests in jails.

In 2012, Barack Obama changed the rules for immigration causing confusion, legal warfare and fast but hidden changes in enforcing law.

Last year there was the largest insurgency of illegals coming across our southern border in many years and that cause a chain reaction across several government agencies including the Center for Disease Control.

From Judicial Watch there were emails obtained.

CDC Official Calls Obama Worst President, Amateur, Marxist After Influx of Illegal Alien Minors

JULY 02, 2015

Following the influx of illegal immigrant minors from Central America, an official at the federal agency charged with protecting public health describes Barack Obama as “the worst pres we have ever had,” an “amateur” and “Marxist,” according to internal emails obtained by Judicial Watch.

JW got the records as part of an investigation into the Center for Disease Control’s (CDC) activation of an Emergency Operations Center (EOC) to deal with the barrage of illegal alien minors last summer. Tens of thousands of Central Americans came into the United States through the Mexican border and contagious diseases—many considered to be eradicated in the U.S.—became a tremendous concern. The CDC, which operates under the Department of Health and Human Services (HHS), responded by opening an emergency facility designed to monitor and coordinate response activities to eminent public health threats.

Yet, when it comes to destinations of illegals, they head to sanctuary cities and while some locations are overflowing, new locations are added, creating a country within a country, all paid for by the Department of Justice.

The program is in fact called STATE CRIMINAL ASSISTANCE PROGRAM and what is even more terrifying up to 850 U.S. cities received grant money for the program, far beyond the number of cities officials will admit to. In 2010, $400 million dollars in grants was provided under this program.

If you dare, click here for the volume of grant money dispersed by the DoJ when it comes to ‘criminal’ alien assistance.

The real costs of SCAAP is not adequate to support state and local governments resulting in several cities working to get out of the program due to the financial burdens.

As a sample year, a 2010 report is here for how cities get grant money for subsidies.

While the blame game is now underway to point fingers at mayors, or sheriffs or ICE, the real blame goes directly to the Department of Justice, contrary to what the White House reveals as republicans are at fault for not passing immigration reform.

Directly from the Department of Justice:

State Criminal Alien Assistance Program (SCAAP)

Honoring our Forefathers

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Honoring our Forefathers

By: Bill Connor

Like nearly all South Carolinians, I was deeply saddened upon learning of the senseless murders at the Emmanuel AME Church in Charleston, S.C.

At the time, I was serving (military duties) outside the state when I also learned one of the slain was related to a fellow soldier. I continue to pray for the families. Their Christian witness after the tragedy impacted us all.

For the sake of respect for the victims and their families, I did not believe it appropriate to write an article in response to the Confederate flag issue in the immediate aftermath of the tragedy; not during the period for mourning. I had to pray about timing, as I wanted nothing I said to detract from the care of the families. However, now that we have had an opportunity to grieve (and with the recent U.S. Supreme Court gay marriage decision undermining states’ 10th Amendment powers), I feel compelled to offer a contrasting view about the Confederate Battle Flag.

First, family connections to both the Confederate flag and the “Stars and Stripes” are a common theme among Southerners, and will help provide perspective. My family’s history is but one anecdote of many southern families. My namesake (my full name being William Mellard Connor V) and great-great grandfather, William Mellard Connor, left Orangeburg District for Charleston with the Edisto Rifles, a company of militia, in 1861. He was 16-years-old and owned no slaves, but enlisted out of a sense of duty to his state and as part of his militia company. When the Edisto Rifles reached Charleston, he served with the S.C. 2nd Heavy Artillery (CSA). This unit manned the coastal artillery defending Charleston throughout the war, but was transformed to infantry when Charleston surrendered in Feb. 1865.

Those still alive, including my ancestor, fought as infantry against Gen. William T. Sherman’s invading forces, and they surrendered after fighting at the battle of Bentonville, N.C. His son, my great-grandfather William Mellard Connor II, was raised in an impoverished state after Reconstruction, but chose to leave S.C. to serve under the “Stars and Stripes” during the Philippine Insurrection. He served as a U.S. Army officer for decades, retiring from the U.S. Army after World War II. Fittingly, he was buried at Arlington National Cemetery, Robert E. Lee’s former Estate. His son, my grandfather William Mellard Connor III, was appointed to West Point from S.C. in 1936, serving under the “Stars and Stripes” in World War II, Korea, and Vietnam, ultimately retiring to Charleston. His son, my father, William Mellard Connor IV, served 24 years as a career Army officer under the “Stars and Stripes,” including tours of duty in Vietnam.

Growing up, my father was always clear to his children that our loyalty was with the United States of America first and foremost. That said, he taught us the words to – and we sang – “Dixie” on long car trips. And we displayed Confederate battle pictures among the many military memorabilia in our home. I now do the same. We were proud of our family history, including our Confederate ancestor. Throughout my own military career under the Stars and Stripes, including overseas in places like the Middle East and Afghanistan, the example of self-sacrifice of those forefathers helped drive my decision to serve.

Former Virginia Senator Jim Webb, a Naval Academy graduate and Navy Cross recipient from his time as a Marine Infantry officer in Vietnam, wrote about his Southern Heritage in the book “Born Fighting.” He notes the disproportionately high percentage of Southerners who have served in the U.S. military since the Civil War. As a Southerner with a long U.S. military family history, Webb reminds us of the Southern military culture critical in winning our nation’s wars.

Many of our most respected “warrior” military leaders of the 20th century – like Army Gen. George S. Patton and Marine icon Gen. Lewis B. “Chesty” Puller – were direct descendants of Confederate veterans. They were proud of their Southern Heritage, yet loyal to the values of the United States. I write this to explain why the heritage of the South, symbolized by the Confederate Battle Flag, is so important to many. Not only to the millions of families like mine, but also to the history of the nation. In the first major conflict after the Civil War, the Spanish-American War, the commander of the U.S. Cavalry in Cuba was “fighting Joe” Wheeler, a former Confederate General. His division contained Teddy Roosevelt and the “Rough Riders.” Additionally, Robert E. Lee’s son served as a senior officer during that war. By the 1950s, the U.S. Code was amended to include Confederate Veterans as U.S. veterans, giving proof to the loyalty and sacrifice the sons of the old Confederacy showed the United States.

The Confederate Battle Flag symbolizes not only the bravery and dedication of the men who fought for their country (state), but it also symbolizes the Southern heritage since the Civil War. I believe this memorialization, along with the U.S. flag which flies on top of the statehouse, provides a visual representation of the unique history of S.C. in our Federal system of government. The flag flying on the grounds is a square “Infantry” flag, the “southern cross” Confederate Battle Flag used in the Army of Northern Virginia. It is not the rectangular “Stars and Bars” Confederate National Flag.

The S.C. Battle flag honors the soldiers, not the government of the former Confederacy. Most of us who believe in the importance of Southern History understand the other side in relation to the flag. The Southern Cross was unfortunately waved by certain hate groups, thereby becoming associated with racism to many. However, those same groups also waved the Stars and Stripes, particularly during the darkest days of lynching in the 1920s and 1930s. Slavery, which continued in “Union” States during the Civil War, including Kentucky, Maryland, and Delaware, was a blight on our national history. That national sin has been acknowledged by all reasonable people, Northern and Southern alike, and put behind us. If the Battle flag comes down due to the institution of slavery under the Confederacy, we must understand the dangerous precedence. We would then target memorials of slaveholders like George Washington and Thomas Jefferson and even the Stars and Stripes.

Fifteen years ago, a compromise was reached between the two sides; showing respect to the complicated sensitivities of the flag. The decision was made to take the Confederate Battle Flag off the statehouse dome and put it on the statehouse grounds. Moreover, a civil rights memorial would be (and has been) built on the grounds. While stationed outside the state during that time, I explained to a general-officer why I believed so many South Carolinians were opposed to removing the flag from the dome.

That the fear that any compromise would not be honored in the long term and that the real goal was to “cleanse” all reminders of Confederate veterans. That General told me those fears were unreasonable, particularly with the compromise of building the civil rights memorial to honor the sensibilities of those opposing the flag. It remains to be seen who was right. Unfortunately, we are already seeing “slippery slope” fears realized. Voices from primarily outside the state are now comparing those who fought for the Confederacy to Nazis. They are demanding names like Robert E. Lee and Stonewall Jackson be banished throughout the United States. This is becoming a cleansing similar to what happened with Nazi symbols in Germany after Adolf Hitler. Most would agree that Confederate Veterans cannot be compared to the Nazi SS and genocide, but that doesn’t stop the rhetoric.

Interestingly, a recent poll conducted by CNN found that over half of Americans, North and South, viewed the Confederate flag as heritage and not racism. Let’s come together as South Carolinians and Americans, the way we did after the shootings, but before the diversion of the flag issue. Let’s come together in honoring our collective past, leaving a symbolic reminder of the uniqueness of our state under our Constitution system.

Let’s come together the way the late Rev. Clementa Pinckney did when he voted for the compromise 15 years ago. Let’s move to the future, while never forgetting our blessed heritage; a heritage of those who sacrificed so much for the state during the Civil War, and their children who sacrificed for this nation and our freedom.