Monthly Archives: April 2020

MIKE FLYNN

This will be a quickie because anyone who reads this already knows that the Comey FBI has been exposed as totally corrupt. The point of this rant is that if we are ever get federal law enforcement trusted again, many people including Comey, Clapper, Brennan, Strzok, Yates, McCabe, Page and others need to go to jail.

VINDICATION

As you know I published a rant about a week ago that said that people should be using the taking clause of the Fifth Amendment to challenge the unconstitutional actions of governors all over the country because it would put monetary skin into the fight.

As an aside, 40 years ago I knew as much as pretty much anyone on the subject having published both as an editor of the law review and then as a law school faculty member on the subject. I haven’t followed it closely since but am aware that probably back in the Regan and Scalia days, the Supremes struck a blow for property rights in a case involving California or Oregon.

Now the reason for this rant is that one of the loyal followers of my nonsense (TC) gave me a heads up about a story that Justice Alito has required Pennsylvania to respond to a lawsuit alleging amongst other things that their property had been taken without just compensation in violation of the Fifth Amendment. You can go to the Fox News app and last I checked it was the second article. As an interesting aside, Danny (Taxi/ the Penguin) Devito is one of the plaintiffs.

I was so happy to see this because I couldn’t believe that no one had used the one argument that could put the petty tyrants at financial risk. I thought that maybe I was crazy because no one appeared to have used it. Now I’m happy. My supposition has made it to the Supreme Court!

Now to continue on this subject and our spineless governor, as you know I put up a link to an article where Mike Adams called out Roy Cooper who he had previously kicked to the curb and Cooper folded like a cheap suit. Today I saw that the owner of a tattoo parlor opened his shop and was arrested. People that is the definition of bullying. When he knows he is facing someone who doesn’t have the resources to challenge him, he pounds on his chest and acts like the ultimate bully.

I am pleading for someone out there, be you a law professor or an ambulance chaser, to take on this proprietor on a contingency basis and sue the hell out of this spineless bully.

CORRECTION

When last I had checked the NC lottery office was closed until April 29 and you couldn’t collect until it reopened. I checked today to see if it would be closed even longer since the governor extended the shutdown. I was pleasantly surprised to see, undoubtedly due to public pressure, that they now have some process to let you collect without actually going in to the office. Good. I’m sure that many in NC who have won big bucks on scratch offs or the cash five are happy.

ECONOMICS

Ok I couldn’t wait till tomorrow. When I was at Harvard there was an economics professor who I considered the Dr. Seuse of economics. We were told that he could be the next Nobel prize winner in economics. I considered him as idiot.

I am sure that you remember a comedian who did a number about Raymond J Johnson Jr. He said you can call me Ray or you can call me Jay or you can call me Ray Jay or you can call me Ray J Johnson junior but you don’t have to call me Johnson. That was his approach to economics.

One day he put up a model that he said showed that golf and country clubs were going under. His model postulated something about 35 year olds. I asked him where he came up with his numbers because in the DC area there were many clubs that had waiting lists to get in. And then I said if you changed your model to 30 year olds or 40 year olds your entire model goes to shit. He had no answer because no one had ever called him on his bs before. Subsequently some of my classmates suggested that he didn’t respond because he didn’t want to embarrass me and I said I would have welcomed it because he didn’t have any response. He was unaccustomed to anyone calling him out and making him prove his nonsense.

I am doing this rant so that you understand that SWAG is not science. It’s bullshit.

BTW I had a law professor ask me to take it easy on him and I said sure just agree with me.

PS. Paul Krugman won the Nobel prize for economics and hasn’t been right on anything for decades. He’s the self important idiot who said if Trump was elected the stock market would crash and we would be in a recession. He couldn’t have been any more wrong back then but keeps being an expert.

DR BIRX

I am watching Watters World and the scarf just said that the virus data is like economic data. WOW! Now she is right but I never expected her to admit it. Economics is referred to as the dismal science because it is not science. It’s SWAG. If it was science then we would never have recessions or depressions because we would know what to do for the economy. We don’t because all their models are SWAG. And the same is true for the epidemiology that is being claimed to be accurate for this virus. It’s not. It’s SWAG. So let’s stop destroying our economy for unsubstantiated guesses. Their models have been grossly wrong at every turn. So why are we continuing to listen to their bullshit? Because all the left and the Dems see it as the only way to take down Trump.

BTW I will post a rant exposing the hypocrisy of economics.

OBSERVATION OF ABSURDITY

Just a thought but our incompetent governor has determined that selling lottery tickets is an essential service but cashing any of them that are significant is nonessential. You do the math. Taking in money is essential but paying it out money that is owed to citizens isn’t. This is a blatant demonstration of the hypocrisy of his dictatorship!

THE FIFTH AMENDMENT

Ok so here’s my take on where people are going wrong with their challenges to the unconstitutional shutdown orders. They all focus on the first and second amendments — freedom of speech and assembly and religion and the right to bear arms. I even heard Victor Davis Hanson today and he only talked about the first two amendments. I agree that they will win somewhere down the road, but what will they really win. A decision that their rights were violated but likely little compensation.

So why do I think that someone should be looking to use the fifth amendment? Well I assume most of you equate the fifth amendment with your Miranda rights. However there is much more to the fifth amendment. It contains the due process clause as well as more importantly for this rant, the taking clause which states that the government cannot take your property without just compensation. Now I can’t claim to be a current expert on the law in this area, but years ago I published law review articles on the subject.

I personally can’t think of an action that constitutes a greater taking of your property, other than eminent domain, than telling you effectively that the government is now taking over your business and closing it down until they decide to let you use it. I’m sure that they will claim we only took it for three or six months. Ok pay me for six months revenue that you took.

Quite frankly I am surprised that I haven’t heard of any lawsuits filed on this basis.

Now here’s the beauty of pursuing this option. First and foremost it’s about money not Pyrrhic victories. Next you put the self important would be kings at personal monetary risk. You force them to have skin in the game.

The first suit I would love to see filed would be by a NJ resident who owns a small business in NYC filing a case in federal court, this is what’s called diversity jurisdiction and gets you out of state courts, and to make it even more serious a class action, claiming your property has been unconstitutionally taken and sue Cuomo and deBlasio both individually and in their official capacities. It would be real interesting to see how different they would react if their fortunes were potentially on the line. Make it clear they aren’t playing with house money, or more correctly taxpayer money, and let’s see if their Napoleonic complex might change. Something has to be done to hold their feet to the fire.

i have no idea how this would come out at the Supreme Court, but with an originalist majority, I like my chances.

FAUX NUMBERS

I feel I need to remind folks of the faux numbers we are dealing with now. First the official number of deaths went over 50,000 today, however as I previously mentioned, the numbers are being intentionally inflated. They are using the same standard that Italy did early on — namely if you die and tested positive for the virus, it’s counted as a Wuhan death even if they actually died from cancer or a heart attack. Remember when they actually took a hard look, at first the number dropped by 70% and subsequently dropped by 88% so in the end only 12% of the originally reported deaths were actually attributable to Wuhan flu.

Thus it is quite likely that if we actually did an honest assessment, the likely numbers would be more in the range of 20,000 to 25,000 range. Now why would they inflate the numbers? The reason is to try to justify all their hype and bogus models that grossly predicted wildly inaccurate numbers and led to the unconstitutional shutdown.

One more thing. They keep changing how many people have died from the common flu this season. When I checked a couple weeks ago it was 47,000. Now it’s 26,000 to 62,000 and you know the media is using the low number to try to continue the bogus narrative that this virus is so much more deadly than the common flu that it justifies destroying the economy. Also remember that the same standards that are used to inflate Wuhan deaths are not applied to the common flu. If two identical people died from a heart attack and one tested positive for the common flu and the other for the Wuhan flu. The first would be considered death from a heart attack and the second would be considered a Wuhan flu death.

COST BENEFIT ANALYSIS

Ok it’s time to conduct a cost benefit analysis of the shutdown. Virtually for every action taken by the federal government there is a required cost benefit analysis. However there has been no cost benefit analysis conducted to support the lockdown. To the extent there has been, it’s only been an analysis of how many Wuhan flu deaths have been prevented by the shutdown. And before I go further, there is exactly no data to support their nonsense.

Now to do a real cost benefit analysis you also need to consider the negative impact of destroying the economy and the number of deaths that that will result in. There are proven statistics that show that for every one percent increase in unemployment there will be x increase in suicides and drug overdoses and deaths from people who cannot get the medical treatments they need. This is never considered. It must be.

The left claims that if we save even one death from Wuhan flu it is worth it. Really, how many unnecessary deaths from your nonsense are worth one from Wuhan flu. How many unnecessary deaths are you willing to accept. Why is a death from the common flu not important. The answer is obvious. This has nothing to do with this virus. It is about trying to use it to take down Trump.

Unfortunately, Trump has let himself be compromised. He needs to get back to what he knows is right and open up the economy. Accept the fact that anyone who dies after an opening will be attributed to him and accept that. Just open it up. You will be pilloried for the economy if you don’t and a strong economy will be better for you than allegedly saving an undefined and unprovable number of deaths.

As any of you who have followed my rants know, there is absolutely no demonstrable evidence that the shutdown saved any lives.

BTW I heard Pence say today that this virus is three times more contagious than the common flu. Someone please ask him and Fauci and Birx to prove it. They are just making it up.