Friday, April 19, 2024

Preaching Extremism, Religious Hatred Represent Hamas's Islam of Terrorism

They are criminal jihadists misfits and thugs or self-professed radical extremist Imams and guilty of Islamic blasphemy equal to or greater than their followers of barbaric radical and criminal jihads.

 

Today around the globe, represents one of the major problems facing all civilized societies, democracies, and religions.

 

They are just as radical and barbaric as their jihads criminal killers of men women and children. They are the ones who daily propagandize their own warped and criminal interpretation of Islam.

 By preaching racial and religious hatred toward all civil societies and calling for or supporting the cowardly barbaric assignations, killings, terror, beheadings, and suicide bombings in the name of Islam against men, women and children be they Muslim or non-Muslim.

Such extremist radical Imams ignore the basic penal laws of Islam and criminally misinterpret the writings of Islam. Islamic law and teachings forbid terrorism. Terrorism is above all murder.

Murder is strictly forbidden in the Qur’an. Qur’an 6:151 says, “and do not kill a soul that God has made sacrosanct, save lawfully.” (i.e. murder is forbidden but the death penalty imposed by the state for a crime is permitted 5:53).

If the motive for terrorism is religious, it is impermissible under Islamic law. It is forbidden to attempt to impose Islam on other people. The Qur’an says, “There is no compulsion in religion. The right way has become distinct from error.”

In the Islamic law of war, not just any civil engineer (Imam) can declare or launch a war. It is the prerogative of the duly constituted leader of the Muslim community that engage in the war. Nowadays that would be the president or prime minister or the elected head of state, as advised by the mufti or national experts (judges) of law. Not an Imam.

A true Muslim believer and follower of Islam is moderate, not an extremist, truthful, not dishonest, humble, not arrogant, dignified and decent not graceless. Where are these Imams and Muslims today?  

The vast majority of the so-called moderate Muslims who daily attend mosque are closing their eyes and not dealing with these imams and the radicalization happening right in front of them daily. It is not enough that these so-called moderate Muslims express regret while complaining about racial profiling by law enforcement.

Who is monitoring these radical Imams in North America, Europe, and the Middle East or throughout the world? Not Muslim communities or a majority of any of the so-called moderate Muslims often mentioned by the press.

Why it is that law enforcement is barred from investigating in mosques to prevent this radicalization by extremist Imams before it goes too far?

In the United States, hate speech like "Death to America" meets the criteria that justify limitations on free speech as per the landmark case of Brandenburg v. Ohio (1969) in my view.

As it is a direct call to violence against Americans, to nationality, race, religion, ethnicity, sexual orientation, gender identity, or other protected characteristics. Thus, it can and must be prosecuted under laws prohibiting incitement to violence and hate speech.

Individuals in America who chant this hate slogan must be prosecuted for hate speech including speech that incites violence or poses a direct threat to public safety.

The Court's Per Curiam opinion held that the Ohio law violated Brandenburg's right to free speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action." The Criminal Syndicalism Act made illegal the advocacy and teaching of doctrines while ignoring whether or not that advocacy and teaching would actually incite imminent lawless action. The failure to make this distinction rendered the law overly broad and in violation of the Constitution.

Finally, Government Agencies: National security agencies and law enforcement bodies are typically responsible for monitoring and countering extremism within their respective jurisdictions. This includes tracking radical individuals, groups, and ideologies, as well as preventing radicalization and investigating potential threats.

International Organizations: Organizations like the United Nations, Interpol, and regional bodies such as the European Union may coordinate efforts among countries to combat extremism on a global scale. They can facilitate information sharing, provide resources and expertise, and support efforts to address the root causes of radicalization.

Religious Institutions: Within the Muslim community, mainstream religious leaders and institutions play a crucial role in countering radical interpretations of Islam. They can promote moderate and tolerant teachings, engage with at-risk individuals, and provide guidance and support to prevent radicalization.

Civil Society Organizations: Non-governmental organizations (NGOs), community groups, and grassroots initiatives often work directly with vulnerable communities to provide education, social services, and alternative narratives to extremist ideologies. They can play a vital role in building resilience against radicalization and promoting social cohesion.

Tech Companies: Given the significant online presence of extremist content and propaganda, technology companies have a responsibility to monitor and remove such content from their platforms. They can develop and implement algorithms and policies to identify and combat extremist material while respecting freedom of speech and expression.

Educational Institutions: Schools, universities, and religious schools can incorporate education about tolerance, critical thinking, and religious pluralism into their curricula to inoculate students against extremist ideologies.

Community Engagement: Building trust and cooperation between law enforcement agencies and local communities is essential for effective counter-radicalization efforts. Community policing, outreach programs, and initiatives that involve community members in the design and implementation of counter-extremism strategies can help foster cooperation and prevent radicalization.

Overall, combating radicalization requires a multi-faceted approach involving collaboration and coordination among various stakeholders at local, national, and international levels.

 


 

Tuesday, April 16, 2024

The New York's "Hush-Money" Case Against Trump UNCONSTITUTIONAL and ULTRA VIRES

 

The New York "hush-money" case against Trump should be thrown out based on constitutionality: The practice of using state business laws to enhance state laws using a federal law without prior conviction for state or federal laws is constitutionally illegal. Further far too many questions about the case and about Bragg’s path to convicting Trump — particularly of felonies — remain unanswered and most likely as per the following UNCONSTITUTIONAL and ULTRA VIRES ("beyond the powers of Bragg and New York Law.")

1. States cannot directly attach federal election laws or FEC regulations to their own state business practices laws. As outlined in the U.S. Constitution, the division of powers between the federal government and the states establishes that federal laws govern federal matters, while state laws govern state matters.

2. Federal election laws, including regulations enforced by the FEC, are established by Congress and fall under the authority of the federal government. These laws specifically pertain to federal elections, such as those for the President, Vice President, and members of Congress.

3. State business practice laws, on the other hand, regulate commercial activities, business operations, and other matters related to commerce within the state's borders. These laws are within the authority of the state government and are separate from federal election laws.

4. States cannot directly incorporate federal election laws or FEC regulations into their own state business practice laws. As outlined in the U.S. Constitution, the division of powers between the federal government and the states establishes that federal laws govern federal matters, while state laws govern state matters.

5. Under the U.S. Constitution, states do not have the authority to directly regulate federal elections or create laws that conflict with federal election laws administered by the Federal Election Commission (FEC). Federal election laws are established by Congress and fall under the purview of the federal government.

6. Federal election laws, including regulations enforced by the FEC, are established by Congress and fall under the authority of the federal government. These laws specifically pertain to federal elections, such as those for President, Vice President, and members of Congress.

7. State business practice laws, on the other hand, regulate commercial activities, business operations, and other matters related to commerce within the state's borders. These laws are within the authority of the state government and are separate from federal election laws.

As outlined in the U.S. Constitution, the division of powers between the federal government and the states establishes that federal laws govern federal matters, while state laws govern state matters.

Constitutionality: Any practice that violates constitutional rights, such as a defendant's constitutional rights are violated by the application of state laws enhanced by federal law without prior convictions, a court could find such practices unconstitutional.

Legal Precedent: Courts often rely on legal precedent established by prior cases to determine the constitutionality of certain practices. If there is a relevant precedent that addresses similar issues, it could guide the court's decision in the current case.

State and Federal Jurisdiction: States and the federal government have distinct jurisdictions and authority, as outlined in the U.S. Constitution. While states generally have authority over their own criminal laws and procedures, they cannot violate federal constitutional rights in the process. Likewise, federal law cannot infringe upon state sovereignty or violate state constitutional rights.

Judicial Review: Ultimately, the constitutionality of a practice would be determined by the judiciary. If a defendant challenges the legality of using federal law to enhance state charges without prior convictions, a court would review the arguments and evidence presented by both parties before issuing a ruling.

 NOTE: 

An illegal proceeding and non-impartial trial resulting in an imbalance occurs when only one party is subject to a gag order while the other is free to speak. In legal proceedings, fairness and due process require that both the prosecution (or the accusers) and the defence have equal opportunities to present their case and access relevant information. Thus this New York democratic party judge was wrong when he gaged Trump and not all his accusers including the persecution and himself.

When only the defendant (Trump) is subject to a gag order, it indeed creates an unfair advantage for the prosecution. The defendant then is unable to defend themselves effectively or counter any prejudicial statements made by the prosecution or accusers outside of the courtroom. This compromises the defendant's ability to receive a fair trial.

In practice, when gag orders are imposed, they typically apply to all parties involved in the litigation to ensure that neither side gains an unfair advantage. This helps maintain the balance of power and ensures that the trial proceeds in a manner consistent with the principles of fairness and due process.

If there were concerns about prejudicial publicity or potential interference with the trial, the court must issue gag orders that apply to both the prosecution and the defence, as well as any other relevant parties. This helps safeguard the rights of all involved and promotes a fair and impartial trial. This is NOT the case in New York against the former President Trump.

Facts:

The "LESSER INCLUDED OFFENSES" doctrine serves several purposes:

Fairness: It ensures that defendants aren't unfairly punished for a greater offence when the evidence only supports a lesser one.

Judicial Efficiency: It streamlines legal proceedings by allowing prosecutors to focus on proving the main charge rather than charging every possible offence.

Protection Against Double Jeopardy: It prevents defendants from being tried twice for the same offence. If a defendant is acquitted or in this case NEVER CHARGED of the greater offense, they can't be retried for the lesser offense because it's already considered included in the original charge.

The legal doctrine of lesser included offences is a fundamental aspect of criminal law. It ensures that defendants are not unfairly convicted or punished for a more serious offence when the evidence presented during trial only supports a lesser offence. This doctrine is rooted in the principle of fairness and the protection of defendants' rights.

In the United States, the doctrine of lesser included offences is based on the Fifth Amendment's protection against double jeopardy and the Sixth Amendment's guarantee of a fair trial. The Supreme Court has affirmed the importance of this doctrine in several landmark cases, including Beck v. Alabama (1980) and Schmuck v. United States (1989).

In Beck v. Alabama, the Supreme Court held that when the evidence presented at trial could support a conviction on a lesser included offence, the jury must be instructed on that lesser offence. Failure to do so would violate the defendant's right to a fair trial by limiting the jury's options and potentially leading to an unjust conviction.

Similarly, in Schmuck v. United States, the Court reaffirmed the requirement for jury instructions on lesser included offences when supported by the evidence. The Court emphasized that defendants are entitled to have the jury consider all reasonable doubt in their favour, including the possibility of a lesser offence.

New York Criminal Procedure Law (CPL) governs procedural aspects of criminal cases, including jury instructions and trial procedures. CPL Article 300 outlines the general principles for jury trials, including instructions on lesser included offences. Specifically, CPL § 300.50 addresses jury instructions on lesser included offences, requiring judges to instruct juries on lesser offences supported by the evidence presented at trial.

New York case law further clarifies the application of the doctrine of lesser included offences in practice. Appellate court decisions often provide guidance on issues such as when jury instructions on lesser offences are warranted and what constitutes sufficient evidence to support a lesser included offence.

Overall, in New York State, the doctrine of lesser included offences operates within the framework of statutory law, court rules, and judicial precedent to ensure that defendants receive fair trials and are not convicted of more serious offences than supported by the evidence. Prosecutors, defence attorneys, and judges all play essential roles in applying this doctrine appropriately during criminal proceedings.

 

https://manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf

https://manhattanda.org/wp-content/uploads/2023/04/2023-04-04-SOF.pdf

 

 

Sunday, April 14, 2024

A Chant of "Death to America" IS a HATE CRIME under US Laws



In the United States, hate speech like "Death to America" meets the criteria that justify limitations on free speech as per the landmark case of Brandenburg v. Ohio (1969) in my view.

 

As it is a direct call to violence against Americans, to nationality, race, religion, ethnicity, sexual orientation, gender identity, or other protected characteristics. Thus, it can and must be prosecuted under laws prohibiting incitement to violence and hate speech.

 

Individuals in America who chant this hate slogan must be prosecuted for hate speech including speech that incites violence or poses a direct threat to public safety.

 

Incitement to Violence: The U.S. Supreme Court has held that speech which directly incites lawless action or poses a clear and present danger of such action is not protected by the First Amendment. This principle comes from the landmark case of Brandenburg v. Ohio (1969). If chanting "Death to America" is interpreted as a direct call to violence against Americans, it must be prosecuted under laws prohibiting incitement to violence.

 

True Threats: Under U.S. law, "true threats" are not protected speech. A true threat is a statement that a reasonable person would interpret as a serious expression of an intent to cause harm or violence. If chanting "Death to America" is interpreted as a true threat against Americans, it must be prosecuted under laws prohibiting threats.

 

Hate Crime Laws: Hate crimes involving acts calling for violence or threats i.e. death to America which is motivated by bias or prejudice must be prosecuted under federal or state hate crime laws. These laws typically enhance penalties for criminal acts committed because of the victim's race, religion, ethnicity, nationality, sexual orientation, gender identity, or other protected characteristics.

 

State Laws: Some states have specific laws that criminalize certain types of hate speech or provide enhanced penalties for hate-motivated crimes. These laws vary by state and may define hate speech or hate crimes differently. For example, some states have laws specifically addressing hate speech directed at schools or certain groups.

 

Harassment Laws: Depending on the circumstances, chanting "Death to America" constitutes targeted harassment or intimidation against individuals or groups that must be prosecuted under harassment laws.

 

 Facts of the case - Brandenburg v. Ohio (1969) 

Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The law made it illegal to advocate "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism."

Question

Did Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities, violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments?

Conclusion

The Court's Per Curiam opinion held that the Ohio law violated Brandenburg's right to free speech. The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action." The Criminal Syndicalism Act made illegal the advocacy and teaching of doctrines while ignoring whether or not that advocacy and teaching would actually incite imminent lawless action. The failure to make this distinction rendered the law overly broad and in violation of the Constitution.

https://www.oyez.org/cases/1968/492

 

 

 

 

 

 

 

After Iran Attacked Israel Biden Seeks Diplomatic Response

 





In recent history, we've witnessed a concerning trend fueled by the unrealistic policy of appeasement towards both terrorist entities and nations that actively support and finance terrorism. This approach, championed by the Biden administration and its leader, President Joe Biden, has failed to provide effective solutions. Instead, it has emboldened aggressors like Iran, leading to brazen attacks on Israel.

The proposal for a "united diplomatic response" to Iran's aggression rings hollow, as it risks normalizing such hostile actions between Iran and Israel. This farcical strategy finds support among certain segments of the media and their adherence to socialist ideologies, further clouding the effectiveness of our response.

Despite clear evidence of Iran's involvement in attacks against U.S. forces in Iraq and Syria, totalling over 150 incidents since President Biden's inauguration, the administration has shied away from taking decisive action. Moreover, the Iranian-backed Houthi forces have escalated their aggression by targeting Israeli-affiliated shipping vessels in the Red Sea, with at least 40 vessels falling victim to these attacks.

Regrettably, the Biden administration's policy of appeasement has failed to deter such brazen acts of aggression. Even in the face of a strong condemnation by the United Nations Security Council, followed by further attacks by the Houthis, there has been a glaring absence of direct reprisals against Iran and its terrorist proxies.

This ambivalence towards Iran reflects a broader trend of isolationism and appeasement within the American Democratic political landscape, which has only deepened since President Biden's election over three years ago. The consequences of this approach are dire, with the world teetering on the brink of unprecedented turmoil and the spectre of a potential world war looming ominously.

It's evident that the weakness of President Biden's leadership, coupled with the incompetence of those surrounding him, has exacerbated these challenges. 

In my view, these conclusions are drawn from readily available facts, accessible to anyone willing to engage in thorough reading and research.

 

Concerns of Bill 185, Cutting Red Tape to Build More Homes Act, 2024

  


Careful consideration and ongoing evaluation will be essential to mitigate potential drawbacks and ensure positive outcomes for all stakeholders involved.

Proposed Changes Analysis:

Ontario Land Tribunal Appeals:

1.      Restricting third-party appeals may limit community input and transparency in decision-making processes.

Development Charges:

2.      Revoking the phase-in could impact municipal revenue streams needed for infrastructure development.

Pre-Consultation Voluntary:

3.      Voluntary pre-consultation could result in insufficient community engagement and potentially lead to contentious developments.

Parking Standards:

4.      Insufficient parking could lead to congestion and inconvenience for residents and visitors.

Minister’s Zoning Orders/Community Infrastructure Housing Accelerators:

5.      Overreliance on MZOs could bypass local planning processes and diminish community involvement.

“Use it or Lose it” and Upper Tier Municipalities:

6.      Strict timelines for development approvals could pressure developers and potentially result in rushed projects.

Redistribution of planning responsibilities may strain resources in remaining municipalities.

Public Notices and Additional Unit Regulations:

7.      Reliance on digital notices may exclude individuals without internet access or digital literacy.

Removing zoning barriers may lead to concerns about neighbourhood character and infrastructure capacity.

Wednesday, April 10, 2024

Violence the Current USA Reality




Crime issues in the USA and Canada primarily stem from the disregard for authority and law and order by various groups, irrespective of race or ethnicity. This disrespect manifests through criminal activities involving illegal weapons, drugs, and gang affiliations.

 

Across North America, citizens are growing weary of lenient justice systems, with judges and politicians often neglecting the severity of gang-related crimes. Despite escalating violence in both urban and suburban areas, there's a concerning lack of acknowledgment from those in power.

 

It's evident that simply throwing money at the issue won't resolve it. What's needed is a shift towards stringent prosecution for all crimes, rather than the current cycle of arrest and release, especially concerning juvenile offenders and illegal migrants who drop out of school and remain reliant on welfare.

 

There's an urgent call for elected officials who grasp the gravity of the gang and drug problems, particularly within certain communities. These issues often stem from societal disillusionment, a lack of education, and a refusal to accept authority.

 

Law-abiding citizens are seeking leaders who uphold the law without hesitation, unlike the current trend of pandering to special interest groups and political ideologies. It's time to hold politicians, judges, and law enforcement accountable for their inaction and prioritize the safety and well-being of communities.

 

We must reject the influence of unelected bureaucrats and technocrats who shape policies without direct accountability to the electorate. Their decisions often prioritize fringe interests over the rights and safety of ordinary citizens.

 

Furthermore, the focus on animal rights and international standards often overshadows the urgent need to protect human life and uphold the rights of law-abiding individuals. 

Without consistent enforcement of laws, our society cannot claim to be, equal, equitable, just or civil.

 

 

 

 

Sunday, March 24, 2024

Israel Back Stabbed by Joe Biden for Political Power

The Democratic Party under President Joe Biden's leadership is exhibiting heightened concern regarding the potential loss in the upcoming 2024 Presidential election, leading to a preoccupation that risks overshadowing their recognition of key allies and supporters.

In Biden's fervent pursuit of maintaining political dominance, there appears to be a tendency to overlook the importance of nurturing alliances and fostering relationships with trusted partners.

This phenomenon underscores the imperative for the party to recalibrate its strategies and prioritize collaborative efforts with both longstanding allies and emerging supporters in order to fortify their position and ensure a resilient path forward for their continued political power.

Keep in mind that "Joe Biden has been wrong on every major foreign policy decision in the last 4 decades"

Since the 1979 takeover of Iran by the country’s Islamic revolutionary government it has had one overriding ambition: to be the lead player in shaping the future of the Middle East and it wants Israel weaker and the United States gone from the region after decades of primacy. To quote their own statements " It wants Israel wiped off the face of the earth."

Yet we have heard that Britain, France, Germany and the USA governments all preach and say they are firm supporters of Israel's right to exist. Yet, each is also facing domestic criticism of that support as is the week US President Joe Biden who, keep in mind, "Joe Biden has been wrong on every major foreign policy decision in the last 4 decades."

Israel is supposedly an Allie and protected by the USA, Britain, France and Germany however, remember the USA's position during the beginning of the Second World War was one of isolationism and appeasement by the Democratic Party. Today the Democratic Party and its leader President Joe Biden are concerned about the votes in the following states that have a Muslim population as follows:

North Carolina. Percentage of Muslim Population: 1.3% ...

Arizona. Percentage of Muslim Population: 1.5% ...

Massachusetts. Percentage of Muslim Population: 1.9% ...

Minnesota. Percentage of Muslim Population: 2% ...

Virginia. Percentage of Muslim Population: 2%

At the same time keep in mind that today France actually has the largest Muslim and Jewish populations in Europe. Macron - President Emmanuel Macron of France says that he supports Israel's right to defend itself. But he's trying to also call for a humanitarian truce to get aid through which also is a stab in the back to the Isreal people and its government.

I strongly suggest that the purported leaders of democracy in the USA, Britain, France, and Germany exhibit a greater preoccupation with maintaining political power and their incumbency than with safeguarding Israel's inherent right to self-defence, especially as the sole democracy in the Middle East. Rather than upholding their commitments as principled statesmen, they should take decisive action against terrorism, particularly Hamas, which is fueled by Iranian support.

It is imperative for these leaders to unequivocally support Israel in eradicating the threat posed by Hamas once and for all, rather than misleading the Israeli government and its people with calls for ceasefires. While hostages remain in the clutches of this terrorist group, continually funded by Iran. and until Hamas is once and forever defeated and eradicated as a terrorist organization in Gaza.

Otherwise, like after WW1 and WW2 the world because of these weak-kneed leaders shall find themselves fighting such barbarian terrorists in their own countries for years to come. Appeasement did not work and does not work with terrorist organizations and nations whose sole aim is the destruction of Israel.

 PS 

 These Countries Presently Don’t Recognize Israel

Afghanistan

Algeria

Bahrain

Bangladesh

Bhutan

Bolivia

Brunei

Chad

Comoros

Cuba

Djibouti

Guinea

Indonesia

Iran

Iraq

Kuwait

Lebanon

Libya

Malaysia

Mali

Morocco

Mauritania

Nicaragua

Niger

North Korea

Oman

Pakistan

Qatar

Saudi Arabia

Somalia

Sudan

Syria

Tunisia

United Arab Emirates

Venezuela

Yemen