THREAD FROM LAST NIGHT, PART 2: The bump stock ban, & now under Joe Biden the rule/ban on 80% frames/receivers & on pistol braces followed the exact same methodology: AFT abuse of & exceeding Chevron Deference INFERRED powers to REWRITE these laws...
The ATF had to change the definition of a machine gun in its 'determination' of what a machine gun is to write a new rule adding bump stocks to the NFA, dictating who could own them; this new 'rule' came with 10-year prison sentence & $250k fine for non-compliance.
Chevron Deference is a legal doctrine that originates from a US SCOTUS ruling in Chevron USA v Natural Resources Defense Council, Inc in 1984.
The US Supreme Court ruling in this case set forth a legal test as to when a court should defer to an Agency's interpretation of law, holding that such judicial deference is appropriate where the agency's ruling was NOT UNREASONABLE...
..so long as Congress had not CLARIFIED the law or the Agency's statutory powers on the precise issue before the court. law.cornell.edu/wex/chevron_de…
This point is of critical importance here: Chevron Def says if the law is vague, the court hearing a case will find in favor of the Agency & their interpretation of law. THIS is the EXACT pretext being abused by ATF & EPA to FAR exceed their Statutory Authority writing laws from
..from scratch, using tortured/contorted/twisted *interpretations* of the law to revise laws already on the books, expanding them to regulate & control things NOT within their jurisdiction...
Primarily with ATF, the National Firearms Act of 1934 (NFA) the Gun Control Act of 1968 (GCA), & with EPA, the Clean Air Act of 1967 & Clean Water Act of 1972. The EPA has lost two MAJOR SCOTUS cases in the past three sessions of the court...
..wherein the cases West Virginia v EPA where SCOTUS ruled EPA exceeded their statutory authority abusing chevron to create PUNITIVE regulations on coal plants and auto makers in rewriting the Clean Air Act. law.cornell.edu/supremecourt/t…
And in Sackett v EPA, where SCOTUS held that EPA did the same thing in abusing chevron to rewrite the Clean Waters Act illegally to create PUNITIVE regulations & expand its powers illegally. supremecourt.gov/opinions/22pdf…
But wait: how does this relate to the ATF? They are doing the same thing at the express orders of the #illegitimate Biden Regime. Recently, a Federal Court struck down the ATF's expansion of the NFA to include bump stocks illegally added to the NFA by rewriting the NFA definition
..of a machine gun. The NFA has specific language defining what a machine gun is-- the ATF just rewrote the definition & told owners to register under the NFA & pay for a tax stamp or face 10 yrs in prison & a $250k fine. The 5th Circuit Cour of Appeals (COA) rules against ATF.
In Cargill v Garland, the 5th Circuit COA ruled that just like EPA in WV v EPA & Sackett v EPA, the ATF abused chevron & usurped the powers of Congress to rewrite the NFA. fingfx.thomsonreuters.com/gfx/legaldocs/…
For ATF, this was the first shoe to drop & foreshadowing of what was coming. The ATF at the Biden Regime & anti-gun enterprise extremists' groups like 'Moms Demand Action' & 'Everytown for Gun Safety' & 'Brady Group' pressure, illegally redefined bumpstocks...
...& illegally added them to the NFA. The 5th Circuit COA ruled their bumpstock rule was NULL & VOID & vacated it as an illegal overreach exceeding ATF's Statutory Powers.
The decision in VanDerStock v Garland case is the SECOND MAJOR SHOE to drop. In the Federal Court's ruling, Judge Reed O'Conner who previously in this case issued several temporary injunctions against enforcement of ATF's frame/receiver rule due to...
The Plaintiffs sued on basis that ATF's 'Final Rule' on Frames/Receivers violated the Administrative Procedures Act Substantive & Procedural Requirements & exceded INFERRED powers of ATF under GCA of '68& was unconstitutional.
Please bear with me @TwitterSupport @TwitterSafety @elonmusk while i TRY to finish this thread...
@TwitterSupport @TwitterSafety @elonmusk Right away in this ruling the Court goes into deciding motions to add Plaintiffs w/ interest in the case & of PARTICULAR note is @Polymer80inc who ATF actually singled out explicitly in their press release on the new rule they sent to FFLS: Federal Firearms License dealers.
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc More on ATF illegally raiding @polymer80inc & attempting to put them out of business by destroying ability to sell their products here: thefirearmblog.com/blog/2022/08/2…
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc After establishing full list of plaintiffs opposing the govt (ATF + DOJ + Merrick Garland), the court moves on & details it's lawful jurisdiction to hear & decide this case.
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc Pgs 23-34 discuss in detail citing other precedents the use of VERY specific technical language in definitions listed in GCA of '68 & makes the point that ATF knew publicly accepted definitions & rewrote them to CAPRECIOUSLY go after 80% frames/receivers.
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc This is the SECOND RULING AGAINST AFT recently where a Federal Court has ruled that ATF was usurping the role of Congress & Violating the Separate of Powers by writing new laws themselves for politically motivated reasons, & abusing Chevron Deference as a pretext to do so.
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc It is further noted in this thread, here, that ATF also knowingly & capriciously violated the Rule of Lenity in all of these abusive, punitive new rules designed to implement gun control. ATF & EPA are acting with Malice. See: thefirearmblog.com/blog/2022/08/2…
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc This is an issue which is front & center today as American Citizens deal with government overreach in efforts by Federal Agencies to WEAPONIZE their power against American Citizens. Now onto the decision itself!
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc The Court finds that: "Because the 'Final Rule' purports to regulate both firearms & firearms components that are not yet a frame OR receiver & aggregations of weapon parts not otherwise subject to its authority, the Court holds that...."
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc "...the ATF HAS ACTED IN EXCESS OF ITS STATUTORY JURISDICTION BY PROMULGATING IT."
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc This NEXT part is extremely telling: the ATF & DOJ lawyers had the brazenness & arrogance to in their filing to try to tell the court it doesnt have the authority to Vacate the rule even IF it exceded its authority! Judge O'Conner is having NONE of it.
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc Judge O'Conner in his ruling goes on to say "Morever, VACATING the unlawful assertion of the Agency's authority would be MINIMALLY disruptive because Vacatur simply "establish[es] the status quo" that existed for DECADES prior to the agency's.."
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc "...the agency's issuance of the 'Final Rule' last year. Texas v United States, 40f.4th 205,220 (5th cir. 2022)."
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc Per Judge O'Conner: the ONLY true remedy is vacating the rule ENTIRELY as it if never existed.
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc It's also really amusing because this shows you the government lawyers in their arrogance argued without citation that even if they LOST, the court only had the authority to protect the specific plaintiffs here, not vacate the rule entirely. Again, O'Conner destroys that phallacy
@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc In short, the ATF & DOJ KNEW they were gonna lose & that filing was a last-ditch attempt to limit the loss. And it was weak & baseless & O'Conner called it out directly. How embarrassing for the government.
This next part takes this ruling & turns that Atomic Bomb O'Connor dropped & makes it into a Hydrogen Bomb: he not only rules against ATF, but rules that @Polymer80inc can GO AFTER ATF ON SEPARATE CLAIMS OF HARM ORIGINATING FROM...
@Polymer80inc ..THE ILLEGAL ATF RAID ON @Polymer80inc & TARGETING THEM IN THEIR PRESS RELEASE TO FFL's. The ATF caused REAL DAMAGE in an attempt to bankrupt @Polymer80inc & they now have go ahead to pursue ATF.
@Polymer80inc READ THAT LAST PARAGRAPH: "As discussed, Polyermer80 may move forward for summary judgement on its unique claims..." ATF & possibly the Biden White House are in legal trouble.
The ATF isn't done being taken to the woodshed: they SINGLED OUT @Polymer80inc w/ an illegal raid/seizure & a presser trying to bankrupt them, labeling them "ghost guns". Reputational Harm occurred & O'Conner gave them the go ahead to pursue legal remedy against ATF & Biden.
And now for the finale: the legal loophole ATF & EPA have been abusing to create these rules that illegally REWRITE LAWS in place of Congress, Chevron Deference, is about to be ENDED PERMANTLY. politico.com/news/2023/05/0…
I want to thank @gunpolicy & the Second Amendment Foundation @2AFDN for seeing this through & fighting SO HARD as #lawfare warriors for our Liberty! Happy #4thofJuly !🇺🇸 #merica
And, the fabulous @TheLibertyDoll has more on this Huge ATF loss over here:
@TheLibertyDoll @threadreaderapp please unroll
@TheLibertyDoll @UnrollHelper please unroll
@TheLibertyDoll @threadreaderapp Anybody home @threadreaderapp ?
Our friend Larry Schweikart has another threat he has requested I post. I don't know if he is right or wrong about the SAVE America Act Passing or not, but these are his thoughts shared here:
Will "SAVE" save us? Not likely. I hate to be the bearer of bad news, but it will go down to defeat. Not real defeat, mind you. It will get 51-52 senate votes (not counting J.D. Vance) but will be well short of attaining the 60 votes to kill the "silent filibuster" of the DemoKKKrats.
What about "Can't-Carry-a-Thune's" attempt to force a real, talking filibuster? Also comes up short. I do believe Thune is trying. But he is realistic, and knows he has Yertle, the vomitous MurCowSki, and the unreliable Susan "Tom" Collins to deal with, though he possibly will get Fetterman's vote.
Yes, there is a way to actually sneak it through. DemoKKKrats, in the positions were reversed, would absolutely do this. It requires keeping the majority (51) pro-SAVE senators close enough to the building that if the DemoKKKrats abandon the hall for one minute, you can, by Senate rules, VOTE!
But let's be both honest and generous. Hanging around the Senate chamber for days on end it nearly impossible for people in good health. For some of these sclerotic pleistocene era skinwalkers, even if they wanted to they couldn't physically do it.
he best we will get is a parliamentary maneuver that will allow debate BEFORE the filibuster, and maybe putting these people on record with their votes.
Hate to be the bearer of bad news, but some of you are way, way too invested in something we don't have the votes for.
Now, I don't know if you've paid attention, but in the last three weeks the GOP has won FOUR STRAIGHT special elections, three in FL and one in VA in a deep blue district (a flip). Prior to that, leaving aside the GA debacle, the GOP had actually won 4/7 specials, for a total of 8/11. Not bad. The GA elections were terrible, but I think were one offs.
They involved 22 commissioner flips from R-D, all of them over data center power usage and energy prices. Despite the fact that I've been harping on AI for a year, the GOP wasn't ready for this. Yes, we need AI data centers. No, DemoKKKrats have no plan except to tax the public or tax the companies. The GOP response should be "Let them build all the data centers they want so long as they show in advance where they will be getting the energy and water, and that local prices won't rise."
Aside from that, I think it's clear why the DemoKKKrats don't dare allow SAVE to pass. They'd never win another national election again. Come visit me on Truth at @CyberneticsLS or at my Larry Schweikart substack!
Posted on behalf of Larry Schweikart.
Editor's Note: I am more optimistic than Larry, I think we will find a way to get it through. I'm praying on it, and you should be too.
Hi everyone. Harold has again been willing to forward a thread for X since I am totally off X now but can be found on Truth Social (@CyberneticsLS). Anyway, we agreed that periodically he would post a thread from me so here goes:
In my latest substack called "Full Metal Octopus" (larrys.substack.com/p/full-metal-o…) I noted that Trump has gone beyond a "transformational" president, doing stuff virtually alone (no Congress, a little help from the courts) that no other chief exec has ever done.
He has completely reoriented the Western Hemisphere, adding El Salvador, Chile, Argentina, and now Venezuela and Ecuador to our list of solid allies. In two months he took out the two biggest drug lords in this half of the world, El Mencho and Maduro. Now the Cubanos are looking over their shoulder and preparing for a Regent governor, Muy Macho Marco Rubio.
But this move was strategic in more ways than one. It cut off Chy-na from key oil and rare earth minerals, especially from Venezuelan oil. Then Trump, right as he said, on schedule, took out the mullahs in Iran. Apparently now they can't even name a replacement, because said Top Dogs there have the shelf life of a British flagbearer vs. Napoleon or an open can of tuna fish. Their so-called "leaders" now don't even have control over parts of their military, promising "no more ballistic missiles" right before more launches. Nevertheless, so far, the U.S. and Israel have by all authoritative accounts REMOVED 98% of Iran's ballistic missile force and their launchers. Well done.
Prior to that in Africa, Trump had begun developing alliances with Christian enclaves and whatever Christian governments exist to crush the Muslim murder pirates there. Oh, and along the way, Trump just happened to get more deals for . . . rare earth minerals. Meaning Chy-na didn't. So he has expanded the anti-ChiCom embargo through more than half the world now.
Trump is steadily, like an octopus with an oyster, surrounding and pressurizing the ChiComs. A month ago, Xi, who apparently is not a frog in a boiling pan, woke up long enough to banish all of the generals who were spouting for war with Taiwan. That tells me that between Manure-O and the dirt-napping Ayatollahs, Xi got the message that their military gear was not only NOT on a par with the U.S., but it isn't on a par with WHAT WE SHOW THEM WE HAVE. (There is sooooo much advanced weaponry that is not being revealed . . . .) Apparently the more logical Dragon minds said, "We can't beat their second tier stuff. How do we compete with the All-Pros?")
🚨 THREAD! 🪡 🧵🧶
So, even though our friend, Larry Schweikart, has had his X account stolen, we communicate regularly & he has asked me to share a thread with you all, on his behalf. LET’S TALK ABOUT THE STATE IF THE UNION ADDRESS! Featuring analysis by Larry Schweikart!
1.
From the Real Larry Schweikart, not a hacker-spooge imposter (so you know it's me!)
First, thanks to Harold for helping out. If this works out, we may do this from time to time. As most of you know I've left X entirely for lack of any kind of support in getting my account(s) cleared. They are of no use whatsoever. Shame on Elon for allowing this.
Now, on to what is to me the real message of the State of the Union.
This was a total buttkicking of DemoKKKrats no matter how you slice it. Early CNN polls (64% approval) and CBS (75%) show this was a home run rarely delivered by Republican presidents. Only Trump could have done this.
2. In terms of issues he absolutely nailed every single one. There is no doubt Trump made clear he is with the 80% of the people on this, and DemoKKKrats are with the crazies.
Second, in terms of optics---well, what can I say? Ridiculous how easy the goofball Terror Party made it for him. They are so consumed by rage that it shows on their faces and in their behavior.
I've said for some time that this realization was sinking into the public mind, and while they do NOT want to say it aloud, they are slowly coming to the conclusion that, yes, DemoKKKrats hate them and their families. Trump exposed them more than the Lakers defense, on every guest introduction from Medal of Honor recipients to the U.S. hockey team. His masterful "stand if you agree with this statement" technique pretty much buried them.
3. However, I do NOT think, as some do, that this "won the election." Sorry. November is a long way away, and as Rush Limbaugh used to say, the issues that will decide the 2026 election probably haven't even appeared yet. A sudden war with Iran, a continued spike in inflation---any number of things can give the Ds the House. But all things being equal, this was a near-mortal wound.
The thing is, the DemoKKKrats do not even understand that they need to be running on "We really love America and love you voters. We really do." Nope. They are rage-filled clueless on this. Which is wonderful for us.
Mr. President, @potus @realDonaldTrump do you remember when we were younger? The heady days of the 1980's watching the news and the images of the Red Army in Europe, the Rhetoric of Breznev, and Andropov and the fear we all felt growing up in the Shadow of the Bomb?
I am struck this evening as I walk on this October night with dog, remembering the stories my Uncle Denny told me about being a young @USArmy corporal in Europe, in the turret of an M1 Abrams in the Fulda Gap waiting for the Red Army to come for Germany and Europe, facing them down, scared for his life, every day.
While we were at home, living in the shadow of The Bomb. Back then, you were driving a Lambo, and re-inventing the skyline of New York. @RudyGiuliani was making New York City a safe place. The world was changing. First, Andropov died. Gorbachev was Ascendent.
And then the world changed.
cc @WhiteHouse @SecRubio @SecScottBessent
We watched the news every day. The Menace of the Red Army across the Fulda Gap waiting to come for Germany and Europe at any moment. The nuclear saber rattling. The 1980's were a momentous time in history. The world was watching @realDonaldTrump re-invent the skyline of New York City, driving around in his @Lamborghini and flying around the world in his private jet. @RudyGiuliani cleaning up and making New York City safe. The two of you together making New York City the envy of the world.
A world away behind the Iron Curtain in a USSR we all thought was all powerful, people were starving. People waited in line for bread. People shopped at empty grocery stores. People drive tiny rustbuckets that barely ran, if they were lucky. People went to work at jobs that didnt matter, people who didnt matter. With no real life, no real hope, no real future.
And then something happened. Andropov died. Gorbachev was Ascendent.
Peristroika took root. It caught on like wildfire in a people that had nothing, nothing but a desire for freedom. The KGB & Stasi were powerless in the blink of an eye. Too many people. Too many cities. Too few of them. And in their own hearts they knew it was over, and there was no reason left to kill their own.
This message speaks to you @SecRubio because your family escaped Communism. These events reverberate in your mind and heart every day and is the driving reason you wanted to be Secretary of State, is it not? What if NOW, is our time? Mr. Secretary, Mr. President-- what if God put you all where you are, **RIGHT NOW** because History is making another moment, and it has chosen men who's destiny it is to change the world again?