Category Archives: Legislation

CA Prop 47 Made Theft out of Control

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Clean out your cars every night, watch shoplifters with calculators and stop UPS deliveries to your home.
Swell huh? Speaker Pelosi must be proud…same with Senator Dianne Feinstein.

Overview

Proposition 47 implemented three broad changes to felony sentencing laws. First, it reclassified certain theft and drug possession offenses from felonies to misdemeanors. Second, it authorizes defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions. Third, it authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.

Felony convictions resentenced or reclassified as misdemeanors under the proposition are considered misdemeanors for all purposes, except that such relief does not permit the person to own, possess, or have in his or her custody or control any firearm.

Early Impacts of Proposition 47 on the CourtsPDF file type icon

California superior courts received more than 200,000 petitions for resentencing or applications for reclassification during the first 13 months after voters approved Proposition 47. A report prepared by Judicial Council staff, highlights the impacts of the ballot measure on the courts during the first year of implementation.

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Since the passage of the infamous Prop 47 five years ago, then marketed by California Democrats as the “Safe Neighborhoods and Schools Act,” theft has increased across the state, as organized crime rings have transformed ordinary shoplifting into a lucrative and sophisticated operation. It’s likely no coincidence that San Francisco now has the highest rate of property crime of America’s twenty largest cities.

Passed in 2014, Prop 47 was allegedly designed to emphasize rehabilitation and keep non-violent offenders out of the state’s already packed prisons by reducing certain non-violent felonies to mere misdemeanors. For instance, a thief can now steal twice as much as he or she formerly could before facing a felony charge. But thieves and organized crime gangs capitalized on this loophole. In other words, Prop 47 is now a mechanism for gangs to immunize themselves from felony charges.  In cities like Vacaville, CA, just outside of the state’s capital, theft has more than doubled, and police believe Prop 47 is to blame.

According to the National Retail Federation’s 2018 survey on Organized Retail Crime (ORC), this jump is in petty theft as a result of relaxed laws is common (and given its ubiquity, should now be expected).

In states where the felony threshold has increased, over half report an increase in ORC case value. None reported a decrease. It appears that ORC criminals understand the new threshold and have increased their thefts to meet it.

Rachel Michelin, who currently serves as President of the California Retailers Association, explained to Fox News the crude savviness of the latest generation of shoplifters. “[Shoplifters] know what they’re doing. They will bring in calculators and get all the way up to the $950 limit.” She continued. “One person will go into a store, fill up their backpack, come out, dump it out and go right back in and do it all over again.”

The relaxation of penalties, combined with selective enforcement to focus on more “serious” crime, has seemingly been disastrous for the state’s larger cities. Although Prop 47 was championed by the state’s Democratic overlords, as well as by the American Civil Liberties Union (ACLU), many attribute California’s growing property crime problem to lax initiatives like this one.

As Del Seymour of the non-profit Code Tenderloin emphasized to Fox News, the theft patterns in the city are a mix of international gangs, usually from Mexico or Guatemala, as well as homeless addicts looking to secure enough money to finance their next fix. The stealing and handoffs often take place in broad daylight and ironically, right in front of San Francisco City Hall. When I lived in San Francisco, City Hall was infamous for being a beehive of illicit activities and an area best avoided at all times of day.

Oddly enough, unrelated measures, like the additional charge for plastic bags, have made it more difficult for store owners to spot theft, given the frequency with which shoppers now simply throw items into their purses or backpacks after purchase. As Michelin noted, this type of behavior now allows shoplifters to “fit in” with the paying customers.  Michelin predicts that stores will increasingly turn to locking up their products for fear of theft.

The jump in retail theft is just one part of the picture when it comes to property theft in the state. According to the San Francisco Police Department, there is a car break-in every 22 minutes in the city, resulting in the formation of neighborhood “vigilantes” devoted to stopping break-ins. A 2018 study from the Public Policy Institute found evidence that Prop 47 was a contributing factor in the almost 20 percent-increase in car break-ins from 2014 to 2016.  It seems the rampant property crime in the city is creating a dystopian hellscape that the cops haven’t been awarded the authority to address.

CHAOS: California’s Prop 47 Gives ‘Green Light’ to ...

California voters may have had enough. In 2020, California residents will vote on whether to rollback the reforms implemented under Prop 47 in the hopes of reinstating the deterrents that fell by the wayside under the auspices of the state’s Democratic leadership.

When I lived in San Francisco’s fabled Bernal Heights, I was instructed to empty my car each night to discourage thieves from smashing my windows. There were some evenings I would forget after a long commute home, and I would hold my breath walking to my vehicle in the morning, always relieved to see that the windows were still intact (I detail my San Francisco trials here). If California voters are smart, perhaps San Francisco’s next generation of residents won’t have to feel terrorized by the constant barrage of petty crime. Hat Tip Federalist

Big Warnings of China Military Expansion

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McRaven, the former head of Joint Special Operations Command overseeing the U.S. Navy SEAL team that took down Al Qaeda leader Osama bin Laden at his Pakistan compound in 2011, noted that Chinese technologies such as 5G commercialization is already beating the United States.

The Chinese military displayed several weapons during its National Day parade, including a new supersonic jet that can reportedly reach speeds faster than Mach 3.3, at more than 2500 miles per hour.

The PLA’s Latest Strategic Thinking on the Three Warfares

The supersonic jet, called the DR-8, could play a key role in a potential conflict with the U.S. military in the South China Sea.

“China has invested a lot of resources into military science and technology development in a bid to enhance its nuclear deterrence capability over the past years, which Beijing believes represents a strategic measure in countering the global military hegemony [of the United States],” Hong Kong-based military analyst Song Zhongping said.

Additionally, China doubled its nuclear arsenal in the past decade and is set to double it again in the next, top U.S. Strategic Command (Stratcom) officials stated in August.

“China has long had a no-first-use policy, and yet they’ve doubled their nuclear arsenal in about the last decade, and they’re on track to double it again in the next decade,” said Rear Admiral Michael Brookes, director of intelligence for Stratcom.

As noted by Newt Gingrich:

Now, imagine that China launches a campaign against Taiwan with the help of Russian air forces.

This would entirely change the dynamic, making it much more difficult and costly (in blood and treasure) – and much less likely for any sort of U.S. victory. Now, instead of a focused conflict with China over a specific piece of territory, the U.S. would have to decide whether it wanted to risk engaging with a cooperative China and Russia at the same time.

For many years, China and Russia were like two estranged communist relatives, but that is changing. In recent years, China and Russia have cooperated in a number of military exercises – and their first long-range joint air patrol in the Asia-Pacific region this past summer.

Chinese Communist Party General Secretary Xi Jinping has met with Russian President Vladimir Putin 24 times since 2013, while he has only met with his U.S. counterpart 16 times during that period.

This activity creates a real potential for a China-Russia strategic alliance which would turn much of our national security planning and strategy on its head.

Republic of China, Taiwan | Operation World

China considers Taiwan one of it’s own provinces yet Taiwan is independent which China is fighting. Known as the ‘one China policy’, Western nations including the United States are not to have any kind of relationship with Taiwan but the United States does and this is one of the causes in the trade negotiations.

After decades of China’s veiled threats to invade and a long-running campaign to get Taiwan’s allies to shift their diplomatic allegiance to Beijing, researchers, government officials, and lawmakers in Taipei all say that China is pursuing a new tactic in the runup to Taiwan’s Jan. 11 presidential vote: election meddling. “China is following the steps from Russia,” says Tzeng Yi-suo, head of cyberwarfare at the Institute for National Defense and Security Research, which is advising Taiwan’s government on ways to counteract the interference. “In our election campaign periods, there is a most striking influence campaign coming from the Chinese Communist Party.”

China’s disinformation apparatus goes well beyond what it considers its borders, according to an analysis published by Harvard researchers in April. Using proxies around the world and some of the same social media platforms it bans at home, the government in Beijing posts 448 million comments a year aimed at promoting a pro-China agenda or sowing discord, the researchers found. In August, Twitter Inc. suspended 936 mainland Chinese accounts, part of a larger network of 200,000 spam accounts it disabled because of what it called a “significant state-backed operation” working to undermine Hong Kong’s pro-democracy demonstrations. On Sept. 20 it suspended an additional 10,000. Facebook Inc. and YouTube have disabled accounts for similar reasons. In December, new foreign-influence laws went into effect in Australia aimed at blocking China’s efforts to sway politics and key decision-makers in that country.

Chinese agencies have been launching an estimated 30 million cyberattacks against Taiwan a month, according to the government’s director general of cybersecurity, Jyan Hong-wei. The patterns indicate Chinese state involvement, he says. Read the full detailed summary here.

Abolishing Columbus Day is Based on Lies

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Roughly 10 states and 100+ U.S. cities observe some version of Indigenous Peoples Day this month.
• Native American advocates have been working since the early 1990s to get states to make the swap, the AP reports.
From today: Columbus statues in San Francisco and Providence, Rhode Island, were vandalized with red paint, CNN reports.
• “Vandals had chained a sign to the base of the statue that said ‘Stop Celebrating Genocide’ and spray painted the word ‘Genocide’ on the monument.”

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You can be sure this all began within the education system where U.S. history was taught using Howard Zinn’s book titled A People’s History of the United States. This book was full of lies and distortions that educators and faculty including higher education administrators never bothered to validate any claim he made. Now we have legislators at the state level that have bought into the same falsehoods.

In part from the Federalist:

Zinn died in 2010, but his work continues on through the Zinn Education Project that in September collaborated with the Smithsonian in offering credit-bearing “teach-in” classes on abolishing Columbus Day for teachers. On October 8 they mailed out a newsletter that lauded two states, Maine and New Mexico, and cities, such as Columbus, Ohio, and Alexandria, Virginia, that in the past year replaced Columbus Day with Indigenous Peoples Day. Also just joining the list are Washington, D.C. and Princeton, New Jersey.

The newsletter urged teachers to purchase and download their materials to lead students in lobbying their schools and cities to join the effort to “Abolish Columbus Day.”

“Celebrating Columbus means celebrating colonialism, celebrating racism, celebrating genocide,” the newsletter announced. Instead, “tribute” should be paid “to the people who were here first, who are still here, and who are leading the struggle for a sustainable planet.”

The political agenda is clear. Like Zinn himself, the project presents the American Indian as one amorphous mass embodying the stereotype of communistic pacifist feminists. It’s the “Usable Indian,” which at one time embodied the “savage,” but then in the 1960s the hippie. The Indian serves as proxy in the never-ending “struggle.”

Truth be told, as an explorer, Columbus made four trips, never reaching what is known as America or any part of the mainland. In 1492, Columbus reached the Bahamian islands, arriving in San Salvador.

Whose History Matters? Students Can Name Columbus, But ... photo

He sailed around the islands such as Hispaniola and Dominican Republic. He soon departed leaving behind a handful of crew members. Arriving back in Spain, he had very little to offer the Queen. In 1493, he sailed again reaching Hispaniola finding the settlement destroyed and ordered it rebuilt. He did gift the Queen about 500 slaves and she was horrified ordering them to be returned. In 1498, sailing again reaching Trinidad and the South American mainland. Here there was a bloody revolt and Spanish authorities sent a new governor to take over.

There was one more trip in 1502. This time he reached what is known as Panama. Due to major storms there was such damage to two of his four ships, two had to be abandoned. He returned once again to Spain, for the most part again empty handed and he died in 1506.

He kept a journal which he gifted to the Queen.

Christopher Columbus Diary Quotes. QuotesGram photo

In all of the travels and in the end, the result was in fact more open trade between Spain and Latin America in goods such as wheat, coffee, sugar, corn, tomatoes and potatoes.

Ever wonder if the part about successful trade entered any part of the studies of Columbus?

FBI’s Terror Watch List Ruled Unconstitutional

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Swell eh? This case was brought into Federal court by the Muslim ‘civil rights’ group CAIR, Council for American Islamic Relations.

The watchlist is disseminated to a variety of governmental departments, foreign governments and police agencies. Among the defendants named in the lawsuit were the heads of the Terrorist Screening Center, the FBI, the National Counterterrorism Center, the TSA, and CBP.

The judge said he was seeking additional legal briefs before deciding what remedy to impose, and wanted both sides to explain “what kind of remedy can be fashioned to adequately protect a citizen’s constitutional rights while not unduly compromising public safety or national security.”

The plaintiffs said that they were wrongly placed on the list, and that the government’s process for adding names is overbroad and riddled with errors.

The FBI declined comment on the ruling. More here.

 

Terror Watchlist Opinion by Law&Crime on Scribd

It is important to note there are flaws associated with the list, yet it is not meant to be a permanent list, in fact people are removed. The list is a guidance document requiring all associated agencies to review, investigate and amend as required.

It is a security tool and as for traveling and being detained, there are remedies as noted below”

The Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs – like airports – or crossing U.S. borders.

This includes:

  • watch list issues
  • screening problems at ports of entry
  • situations where travelers believe they have been unfairly or incorrectly delayed, denied boarding or identified for additional screening at our nation’s transportation hubs

We cannot overlook the historical facts of militant Islam and the condition that the United States is still at war with terror factions. Further, the U.S. Justice system still prosecutes and applies prison terms to those that are found guilty of proven ties to terrorism, human trafficking, foreign criminal cases and more.

For reference the Watchlisting Guidance is below for reference. It is unknown whether this is the most current iteration of guidance, but it is good for reference. Gotta wonder if this Federal judge was presented with details, context, cases and background.

 

2013 Watchlist Guidance by juan_de_herat on Scribd

 

 

California Strikes Down Police Assistance Law

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California has now driven a larger divide between the public and law enforcement. You can bet a few other states may follow the same tactic.

California’s new law drives a major wedge between police and the public (Photo – Screenshot – YouTube)

If you saw an officer in need of help… what would you do?

Most people would step in and offer assistance… no questions asked.

But in California’s latest move to further the divide between the police and the public, citizens would now be legally allowed to refuse to help a police officer who needs assistance.

Governor Gavin Newsom signed their newest anti-police bill into law on Tuesday, the Sacramento Bee reported. State leaders have said that it now allows citizens to avoid “an untenable moral dilemma.”

Moral dilemma? From assisting an officer with an arrest if he’s in need of help?  We get it. Maybe there shouldn’t be a fine or a jail sentence associated with choosing to not get involved. Perhaps the original law from the 1870’s is a bit outdated.

But what is this bill really saying?

Essentially, it’s driving a bigger wedge between officers and civilians.

People now are essentially told to let a cop fend for himself if he’s being overpowered by a dangerous victim. It affirms the decision to stand by and film or watch while a hero’s life is in danger.

The new bill would get rid of the old law – the California Posse Comitatus Act of 1872, which required a civilian to step in and assist an officer during an arrest if necessary. For those who ‘violated’ it, they could face up to a $1,000 fine.

9,999 times out of 10,000… an officer isn’t going to ask for an untrained bystander to step in and help. But sometimes it’s necessary… and it could mean the difference between life and death.

Let’s look at this objectively.

How many people were ever really charged with this misdemeanor? What Governor Newsom did was remind everyone that they have a choice — and basically push them to make the choice to carry on with their lives instead of getting involved.

Our question is… if this law had simply remained the way it was, how many people would have chosen to step in and help when they saw another human in need?

And how big of a drop-off rate would we see now that this bill is being pushed in the public eye? Will people see a police officer being attacked and because they don’t like cops, they choose to stand there and watch him die?

It brings back memories of the time when a bystander chose to broadcast an officer’s death to Facebook Live instead of putting down the phone and doing what they could to help.

Is this the country we want to live in?

Will protesters and anti-police ‘activists’ feel even more emboldened by their supposed morals?

The California State Sheriff’s Association said they were “unconvinced that this statute should be repealed.”

Of course. Though it may have stemmed from the days of slavery… this law is ultimately about doing what’s right and assisting a public servant in their time of need. Read more here.