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Sinking Ships



Welcome to 2018!

(00:00) It seems like a tradition, every New Years we end up going over all the “new” laws that go into effect with the new year. It’s almost as if we never ask the question, “Why?” Seriously, what is so screwed up that we need as may as 900 new laws every single year?

Looking at some of the newest laws makes me wonder what it is that is really trying to be accomplished. Even some of the laws that didn’t pass seem oriented at the same goal, which is the same idea I’ve had – and many of you have had – for a long time. Even the legalization of Marijuana accomplishes the same end goal.


(31:27) Last year, a jury in Oregon acquitted seven of the Bundy defenders in assault on the Malheur Wildlife Sanctuary in Oregon. I said at the time that this was a good thing, not because the Bundy attackers were right, but because it would demonstrate the power of the Jury to nullify the Government.

I also said at the time that those who were celebrating weren’t really paying attention. It was never “all” of the Bundy defendants acquitted, it was seven. Others took deals, and others still awaited trial.

Now, while the next jury has deadlocked and a mistrial has been declared (which should cause the Prosecution to reconsider, but won’t), you should take the time to consider one of the defendants story.

I have said from the beginning that the Bundy’s are frauds and manipulative of people. They play on passions and errors in understanding. The worst part of what the Bundy’s did was that some of the people they led down the path of evil once were – and are trying to be again – good people.


(43:16) I love being a dad. I guess you know that. It’s the primary reason that I left terrestrial radio and moved to the PACNORWEST. I love playing air hockey and Sorry! with Ben (couple of his Christmas gifts). But there was a time when I didn’t think that I would ever become a dad.

In November of 2009, Cami and I headed down to Santa Monica for what I assumed would be a final visit with my baby sister. She wasn’t supposed to make it, but of course, by the time we got there it was obvious that she would. So the trip became a mini-vacation for the two of us, kind of a short, second honeymoon.

One evening we walked the Promenade, and playing on the sidewalk was an absolutely fascinating band. They had an accordion, trombone, tuba, clarinet and a tapan (a manual drum system) that each of them would take turns playing with their feet. One of the songs they played caught my attention, as it was about the singers wish for his son to live a good life and overcome obstacles life might put in his way. I was enthralled by the song, and I ended up paying $5 for a self-produced and burned CD that they were selling which had the song on it. The song appealed to me, and even though I had no expectation to be a dad, it sort of made me hopeful that I might have the same advice for my step-daughters.

What I didn’t know, and what Cami did already know, was that Ben was already on the way…


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Jury Nullification

The most remarkable thing about the Bundy trial up in Oregon isn’t the verdict or the insane aftermath. It’s the number of people who are just now realizing that Jury’s have the power and – if you were to read the Framers – the responsibility – to nullify government laws and actions.

Why do you think that the Anti-Federalists and other Framers were so insistent on the Jury system? The myth is that any of the rights enumerated in the Constitution are “more important” than any other. Yes, we all have our favorites and yes, Washington himself said that the 2nd “puts the teeth in the 1st,” and so on. But without all of them, acting in concert together, we’d see the slow erosion of all of them. Particularly the ones we have wrongly deemed “most important.” Read the rest of this entry

A Slam Dunk Not Guilty

I’m headed to Tehachapi today, so just a short bit of notes, most of which were written last night, so I can beat my stupid self-imposed 0845 deadline.

The Headline that about a dozen people sent me last night read “All Seven Wildlife Refugee Occupiers, Including Ammon Bundy, Found Not Guilty.” I am on record as believing the Bundy’s are both nuts and wrong. So naturally the jury verdict is a repudiation of my opinion, right?

Yet another example of making value judgments from headlines.

In the first place, good for them. They used the system which had jurists that didn’t make every stupid excuse in the book to get out of Jury Duty and they used their authority as designed by the Framers to stop the government and nullify the charges against seven defendants.

7xirk6aeBut… keep three other facts in mind.

(1) Eleven other defendants plead guilty to the same charges. One had the charges dropped. Seven other defendants chose to be tried separately from Bundy. So “All” is kind of a stretch.

(2) A second trial of the remaining defendants will begin in February. I guarantee you that voir dire will go much, much, much differently in that trial.

(3) The Bundy’s still face yet another trial in Nevada for the nonsense there. Again, I guarantee you that trial process will be much more selective and different. 

Which brings me to my point about the 6th Amendment. Every time a person says I don’t want to be on a jury and pulls some excuse out of their butt, it takes a potential nullifier out of the pool. If you really want to get an inside view of how Jury Selection and excuses can effect the outcome of a trial, read Marcia Clarke’s Book, “Without a Doubt.” Remember how flummoxed you were that the OJ Jury couldn’t see what was obvious to you and me? THAT is why voir dire is so important, and it is why Ammon Bundy and his insane theology are free today.

Think about that the next time you get a jury summons. Read the rest of this entry

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