Pandemic Apprentice (Academy Award Edition)

2 years ago
203

THE FACE ACT VERSUS AGGRAVATED TRESPASS IN CALIFORNIA

In 1993, the killings of Drs. Gun and Tiller by persons describing themselves as pro life activists had set off a "doctors lives matter" movement, albeit with greater force than George Floyd, finding within just a year the passage by a Democrat Congress of the Freedom of Access to Clinic Entrances (FACE) Act, and the beginning of a movement to describe all pro life activists, presumption of innocence notwithstanding, of being terrorists.

The FACE Act is codified as a felony offense under federal law, and is one of the additional offenses with which a prosecutor may charge persons engaged in pro life activism outside an abortion facility. However, like Jane Fonda, a hero of the Planned Parenthood endorsed Congressman Don Beyer, Jr. (D-Va), just last year, when she exercised her free speech, like when Randall Robinson exercised his free speech outside the South African Embassy on the issue of apartheid, or John Lewis joined his buddies at SNCC to attempt to integrate lunch counters, since 1933 the criminal charge that can be brought is a misdemeanor offense of trespass. However, obviously if you engage in free speech and say the magic words "stop the steal" or "make America great, again" or even "Donald Trump", obviously that is code for "insurrection."

However, the recent events that caused Dr. Jerome Adams, an anesthesiologist, to provide his assorted thoughts, "as a Black man", regarding what he had imagined to be "black on black violence", provide an excellent example of the disparate treatment against persons professing a Christian religion and engaged in a devotional free exercise of their sincerely held faith beliefs, serving as pro life counselors outside, or even inside, abortion facilities, particularly when examining the "wobbler offense" of trespass in California, which includes, under Penal Code 601, the felony offense of aggravated trespass, defining a reasonable time of 30 days within the articulation of the credible threat, as defined under the California stalking statute, for an aggravated trespass to occur from an articulated threat, which can even be presence at the residence of the victim's neighbor, or at the place of business or workplace of the victim, but not in the home of the assailant (common sense), or if the conduct was an articulation made in free speech (Chris Rock says he wasn't paid extra for the extemporaneous joke).

Not long after the Oklahoma City bombing, where I had stood up the Operations Cell for the entire U.S. Army, a pro life activist merely parked a Ryder truck on the street in front of an abortion facility, arguably free speech. For a charge of aggravated assault, the assailant must not only communicate the reasonable threat, but also possess the capability, but under the FACE Act the person was convicted, fined and imprisoned, because they believed he had been attempting to create the image of someone trying to replicate the bombing of the Alfred Murrah Federal Office Building, even though obviously lacking the explosives to accomplish that task. Hence, the pro life activist received a far greater punishment for what may be described as free speech than a person, like Jane Fonda, who can even chain herself to the Capitol steps, and get a slap on the wrist misdemeanor charge of trespass.

And, on March 7th, in a decision not publicized even in the conservative press, like Fox News, or amongst "nonprofit" organizations that pay their bills by saying they are pro life, the Supreme Court, in a case of first impression, considered a claim that Facebook had blocked the access to a place of worship when they disabled a person's social media account, which would be a strict liability offense, with no affirmative defense, were the entrance of an abortion facility blocked. And, the Supreme Court, with a conservative majority, decided to punt on recognizing the free exercise of religion as at least on parity with a women's alleged right to kill her baby in abortion.

Ironically, the same decision where the Supreme Court decided that, at least for now, it was okay for Joe Biden and Tony Fauci to develop a biological agent, which could not be transmitted from person to person, having only a less than five percent secondary attack rate, that had by December 2020 claimed the lives of over 319,000 Americans, over 20% of whom happened to be Negro, like 60% of the COVID-19 fatalities in Richmond when Democrat Negro Mayor Levar Stoney had prioritized the removal of century old statues.

And, hail Satan, in this blessed Lenten Season. And, if you are okay with science ignoring Newton's laws of conservation to promote the Big Bang Theory, and are comfortable that not even scientists can explain how apparently Moses knew in a pre Hellenic age that the "water" necessary for biogenesis on earth could only be found in one place, obviously you are not a big Pascal fan, but I like to follow the MAFF, like any gambling man.

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