The Duty of Congress

The 4th Amendment of the Constitution reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

For reference, here is the Oath of Office sworn by all members of Congress: 

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

The Oath is for the defense of the Constitution. It is not for some nebulous threat of danger, real or imagined, to the safety of the People. The greatest threat to the People of this country today is our own government. I encourage our Congress to recognize this, and do what they can to restore the Republic.

Those who have heroically exposed the illegal actions of our government against not only our citizens but people in many nations must be protected from retribution and exempted from prosecution. An individual who exposes actions that are clearly and plainly against our highest law and founding principles has committed no crime. The criminals are the ones who created a structure that systematically ignores our rights. Those rights preceed not only our government but all governments, and apply not to US citizens but to all people in all nations - God has no nationality.

To this end, a massive investigation must be undertaken. The entirety of Congress - ALL members of the House and Senate - must be fully informed of the actions undertaken by the Executive Branch. An open debate of the merits of these various programs must be held.  Those who have supported legislation in the past that created this mess need to publicly repent of their actions, now. It is time for them to lead the charge to repeal this madness. 

Restore the right of the People to be "secure in their person, houses, papers, and effects." Reveal the evil that has been done by those who would violate the rights of all of us. Punish the guilty, without favor or fear of their office. Purge this corruption from our nation and begin to rebuild faith in our institutions.

This is not about Democrats or Republicans. This is about what it means to be an American. Do the right thing.

A Choice of Life or Death

Update

I have been asked to take this story down due to privacy issues by those near the family. I apologize for publishing it without their consent and with incomplete information. I also apologize to the readers for not obtaining consent, not providing more detail, and in general going outside of my areas of expertise. I wrote this from an emotional and poorly informed position. This is not my usual practice.

100 Years of the Income Tax

My grandfather - Ray Martin - was born 102 years ago, on February 6th (so was Ronald Reagan). He came to Oklahoma in a covered wagon as a very small child. He and my grandmother (Ruth) had two children, my mother and my uncle. My grandfather sold used cars and was a mechanic at the family car lot, which supported his family and his golf habit - he played golf religiously and was very devout. This employment paid for a very nice two story house in a nice area of Oklahoma City, golf all day on Saturdays and Sundays, and annual trips to California to visit relatives. He also paid for my mother's education at the University of Oklahoma. My grandmother was not employed outside the home.

My wife and I both have college degrees, with my wife holding a graduate degree. We are employed with great companies, with full salaries and benefits. Both of us also have other income from other jobs, based on our professional training and education. Our children who are of age attend public schools, and the others are watched by family. We struggle to afford vacations, and I have not played golf in at least two years. If you are like me, you might ask the question of why things are this way. The answer is TAXES.

Today is April 15th, 2013. One hundred years ago, the income tax was created via the 16th Amendment to the United States Constitution, on February 3rd, 2013. My grandfather - and the future President Reagan - were both about to turn two years old. For most of their lives, the burden of taxes was an ever increasing one. It was accompanied by the growing menace of state power. Today, Tax Freedom Day occurs this week, on April 18th (Thursday). On that day 29.4% of  the year will have passed. 29.4% of the nation's income is paid in income taxes. This means that Friday will be the first day of the week most people are working for themselves, and not the government.

It was not always this way. It does not have to be this way. It will not always be this way.

Our government does things it should not do. Ask yourself why we allow this. Ask yourself who profits, and who pays. Ask yourself what you can do about it.

Then ask if this is the world you want to leave to your children.

If you want to build a better future, demand more. At the State level, Oklahoma should not cut income taxes - we should eliminate them. We should not reform our government - we should eliminate entire Agencies, Boards, Commissions, and Departments. We have elected a Republican legislature and governor to do just that. It is time for them to quit tinkering around the edges and get to the wholesale changes we expect.

At the federal level, it is almost a lost cause. The job of our all-GOP federal representation is to hold the line and fight for the Constitution. If you fail, all is lost. When it comes to our Rights, they are not negotiable or up for debate. Quit thinking you need to DO anything - we need you to STOP things from being done to us. The greatest danger to Liberty in the United States is now the government of the United States.

How far we have fallen from the days of my grandfather's birth.

Now go to work.

The Gerhart Problem

Sometimes you write about subjects you did not want to address. This is one such article. I would much rather discuss a bright future than rehash unpleasantness from the past. Sometimes the air must be cleared and the record set straight.

Yesterday, Al Gerhart was charged with two felonies – blackmail and violating the Oklahoma Computer Crimes Act. This is a man who has attempted to claim leadership at times in the past of both the Liberty Movement and the Tea Party movement in Oklahoma (two different but philosophically similar groups). To my knowledge, neither group wants him anywhere near them. Let me give you a few examples of why.

The Liberty Movement / 2012 Ron Paul for President Campaign

Last year beginning in March the “grassroots” leadership of the Ron Paul for President Campaign attempted to have Gerhart fired as the State Coordinator of the official campaign. There are numerous articles in The McCarville Report, an Oklahoma political blog, detailing such efforts. On April 13^th, 2012 a letter was sent to the Ron Paul for President national campaign by 27 leaders of the grassroots effort, after other attempts to address things had failed. He was finally removed prior to the State Convention. I was one of these leaders – and this is one reason I have been targeted by Gerhart (and many others of these 27 have also been targeted). Have you ever heard of volunteers demanding the person running a campaign be fired for incompetence? Now you have. Here is a paragraph from the letter:

This letter is an official request by the Grassroots Leadership of the Liberty Movement and Ron Paul effort in Oklahoma for the Ron Paul National Campaign to immediately terminate Al Gerhart from the position of State Coordinator for Ron Paul.

The text is in red in the original, which is why it is in red here. I added the italics. You could say that the Liberty Movement has disavowed Al Gerhart, or at least most of the leadership within Oklahoma has. I do not know of anyone of prominence who has followed his lead after this letter was sent.

The Tea Party

I am not officially a member of any “Tea Party”. These groups are usually informal gatherings of like minded citizens who are Taxed Enough Already. By this definition, I could be a member of most of them. When the Tea Party movement really got going, I was working more than 80 hours a week, with a full time and a part time job. Add on to that three kids, and I just didn’t have time to get active – which I regret. The only event I attended was a January event at the Coca Cola Center in Bricktown, and I don’t even remember what year it was. In Oklahoma City there is one large group – the OKC Tea Party.  They specifically disavowed Gerhart, as well. Here is language from their press release:

Whatever has happened or happens in the future, please be advised that Mr. Gerhart does not speak for the Tea Party movement in the State of Oklahoma. He merely speaks for himself and an independent organization or group (if you can call it that) he founded in 2009 called the Sooner Tea Party, based in Moore, OK where his business is based. While we at the OKC Tea Party do not endorse the tactics Mr. Gerhart seems to routinely use (i.e. verbal personal attacks and threats to public figures to either do things his way or the highway, electively speaking), we believe we can safely say that the many other independent Tea Party groups within our State adopt the same stance as we do — focusing on issues rather than the diminution of specific personalities.

So, there is the “real” Tea Party (2,456 members on Facebook) distancing itself from Gerhart (Sooner Tea Party, 14 likes on Facebook), along with the Liberty Movement.

Blackmail and Libel

I personally don’t think the actions of Mr. Gerhart regarding Senator Branan – as ham-fisted and offensive as they were – rise to the level of blackmail (nor violating the Computer Crimes Act). His actions resulted in the perfect excuse to kill a bill that should have been heard. In my opinion, the District Attorney should not have filed charges, and I believe Gerhart will win his case. Then again, I’m not a lawyer, so maybe there is something I am missing here. I DO believe everyone has a right to criticize public officials and investigate their background. They just don’t have a right to lie about it or attack their families with lies…which brings me to his actions against me.

On a personal level, both I and my wife were attacked by Mr. Gerhart and/or the Sooner Tea Party. My personal, political, financial, criminal, and employment histories were misrepresented with wild allegations. As an example, a divorce case with minor children from February of 2002 was cited. The person in the case has the same name as my wife – except, it is not my wife. She has only been married one time – to me. There are several people who have both her married and maiden name – and several people in the area also have my name. This is just one example of the many allegations either directly said about us or implied about us that are false. Here is the legal definition of libel:

Libel is a false or malicious unprivileged publication by writing, printing, picture, or effigy or other fixed representation to the eye, which exposes any person to public hatred, contempt, ridicule, or obloquy, or which tends to deprive him of public confidence, or to injure him in his occupation, or any malicious publication as aforesaid, designed to blacken or vilify the memory of one who is dead, and tending to scandalize his surviving relatives or friends. Oklahoma Statute §21‑771

It should be noted that libel does not apply to truthful statements. When they are clearly lies, and clearly done with malicious intent, it rises to the level of a crime in addition to the potential civil penalties. The crime of libel is a misdemeanor punishable by not more than 1 year in the county jail and a $1000 fine. I have consulted with several attorneys who all believe I have a winnable civil libel case – and I am considering filing one. I have not contacted the District Attorney to file charges, and have no plans to do so – but I seriously considered it. The door is still open on filing a civil case, but I would have to get in line. You see, there is another matter on Mr. Gerhart’s legal docket…

Whetsel, Sorrels, and Jarjoura

How do you screw up a sensational story? You make things up and add them to the facts of the case. A good story sticks to the facts. For example, there is a dentist from Edmond who is a Reserve Deputy Sheriff. There are legitimate questions about his donations to the Oklahoma County Sheriff’s office, how he became a Reserve Deputy Sheriff, and the lawsuits he is involved in (for example, here is denial of a motion to dismiss from February 17^th, 2012). I never published this story because I had not fully researched it before it became public knowledge. The problem arises when Gerhart questioned the national origin and religion of this person – which was completely unnecessary. As a consequence, the story shifted from being about questioning the judgment of the sitting Sheriff in the selection of his reserve Deputy Sheriff to the libel lawsuit brought against not only Gerhart but the Republican candidate for Sheriff Darrell Sorrels, his campaign manager Steve Long, and a volunteer Carol Knight. To quote from the Oklahoman:

The article questions whether Jarjoura has terrorist ties and whether Whetsel overlooked the dentist’s criminal background when selecting him as a reserve deputy.

Gerhart said what prompted his concerns was discovering that Jarjoura had contributed thousands of dollars in cash and vehicles to the department and to Whetsel’s re-election campaign about the same time he began training as a reserve deputy. Public records show Jarjoura contributed money and vehicles during that time.

If Mr. Jarjoura wins his case, I doubt there will be much left to sue Mr. Gerhart for, beyond the satisfaction of winning my case. There is also the additional expense he is about to incur in his criminal defense. The damage is now done, however, to my reputation. Some day my four children will search my name on the internet, and find lies. That can never be recalled. What he has done to me – and numerous other people, including many of my personal and political friends, is an evil thing. I am now faced with the decision of just how much more time and money I wish to devote to this matter. Both would be better spent with my wife and children.

But for those who are self-seeking and who reject the truth and follow evil, there will be wrath and anger – Romans 2:8

If you still subscribe to the Sooner Tea Party newsletter, shame on you for supporting gossip and lies. Unsubscribe today. Encourage Mr. Gerhart to change his ways, and begin by seeking not just truth, but the whole truth. If you are a candidate with ties to Mr. Gerhart, don’t ask me or my friends for help. If you are a source of “information” or funding to Mr. Gerhart, beware. It is probable that during all of these legal actions his sources of funding and information will become public as a result of the discovery process.

With all of the above in mind, ponder this: I think the District Attorney should not have filed charges against Mr. Gerhart. This is a chilling attack on free speech by the state. That is the real story, destined to be lost in the drama that surrounds this situation. Losing the real story and the real fight due to incompetence and/or idiocy is The Gerhart Problem. Mr. Gerhart is, as usual, irrelevant.

18 Votes and a Vision

On Saturday, March 23^rd, 390 people representing 152 precincts gathered to hold the 2013 Oklahoma County Republican Convention. Eight elections were held: Chair, Vice Chair, State Committee, State Committee, 4^th Congressional District Committee, 4^th Congressional District Committee, 5^th Congressional District Committee, and 5^th Congressional District Committee. I ran for Chair, in this largest of all counties in the State of Oklahoma.

I lost by 18 votes.

This is an amazing number for several reasons. I am not a long time party activist. Indeed, I took a very long break – from 1995 to 2011 – with almost zero political activity. I spent that time as a “normal person”, getting married, finishing college, having two different careers and starting a third, and creating four children with my wife. I did some things right and some things wrong, but just tried to make my way in the world. I’m a dad, an employee, and a taxpaying citizen of Oklahoma.

The second thing that makes this an amazing number is who and what I have supported since I decided to get off the couch and change the world. Last year, as is pretty widely known locally and statewide, I was very involved in the Ron Paul presidential effort at the grassroots level. This has permanently labeled me “one of those Ron Paul people”. It seems the chief complaint against me has been to label me as a “libertarian”. I find this amusing, since Ronald Reagan himself said this:

If you analyze it I believe the very heart and soul of conservatism is libertarianism. I think conservatism is really a misnomer just as liberalism is a misnomer for the liberals – if we were back in the days of the Revolution, so-called conservatives today would be the Liberals and the liberals would be the Tories. The basis of conservatism is a desire for less government interference or less centralized authority or more individual freedom and this is a pretty general description also of what libertarianism is.             Reason Magazine, July 1^st, 1975.

So, I think I will own that label, considering the company. Just exactly what sort of insult or attack is this supposed to be, being labeled as a libertarian? I have heard people say that “those people” just want to legalize drugs, or they hate Israel, or other things. Well, I would point out that I share the opinion of William F. Buckley and Pat Robertson on the drug war. That means I support medical marijuana, by the way – the government has no business telling you or your doctor what treatment is the right one for you. How about Israel? I quote from the Oklahoma Republican Party Platform my position:

We support Israel’s right as a sovereign nation to govern itself.  – Report of the Oklahoma Republican Party Platform Committee 2012, Section IV:  Federal, Sub-Section B: Foreign Policy, #2

Since I am one of those crazy dope smoking hippie peaceniks (that’s a joke, by the way), how is it that I came within 18 votes of becoming Chairman of the largest county in the reddest state in the country? Perhaps it is a different vision of what this state should be, and what my county should be, than that presented by the current leadership of my party.

Is it possible the activist base of the Republican Party is seriously at odds with how the party is being run?

Is it possible that we are sick of “electable” candidates who don’t believe in our platform?

I’m just a normal guy who sees the world on fire and decided to start trying to put the fire out. My party controls all of the statewide elected offices, all branches of government, and all federal positions. People like me – and that means more than half the GOP, including all the Liberty Movement and the Tea Party - expect the size of state government to shrink and the impact on our lives to be lessened. We don’t want tinkering around the edges, we want agencies, boards, commissions and departments abolished. We want taxes lowered after that is done. We want our individual rights defended. We don’t want a police state. We don’t want drones. We want freedom, we want the fruits of our labor, and we want a future for our children. We want corruption prosecuted to the fullest extent of the law. If you don’t get to work, we will fire you. We are not patient.

Much has been written about the reasons Mitt Romney lost. It is pretty simple – he was a horrible candidate who did not appeal to the base. His history with such issues as supporting gun control, abortion and government run healthcare turned off those who believe in the platform. He actually fought the base at the national convention in Florida, which is the dumbest thing I can imagine him doing. His operatives, or those acting on his behalf, thought they could use big money to win. They forced through rules changes that disenfranchised the “grassroots”, otherwise known as the base. Don’t believe me? Here is Phyllis Schlafly at CPAC this year, and here is Morton Blackwell on the rules fight. Mitt Romney lost because he was a horrible candidate and he had a horrible team running his campaign. A better question to ask is who was fired in the Republican Party as a consequence for their failures in 2012?

Ronald Reagan built the modern day Republican Party around a solid base of support. Economic liberty, social conservatism, and a strong national defense formed the three legs of the stool upon which sat the grand coalition of change. These legs have been divided against themselves by those who seek to profit from the power to tax and regulate, handing out favors to one group at the expense of the rest of us. I call those who seek to profit from such actions corrupt. They have no base beyond donations from special interests. There is an army of people that is waking up to false conservatives, RINO’s, and cronyism within government. This army is the real base of the GOP.

I see a future Oklahoma Republican Party that is controlled by the activist base (the “grassroots”). I see legislators looking to actually cut government and reduce the impact it has on the lives of the average Oklahoman. I see elected officials seeking to defend the rights of the individual, not pass out favors, tax credits, and regulatory deals to special interests who promise “job growth”. I see a world in which all those elected from my state and party believe that governments are “instituted among Men” to “secure these rights” of “Life, Liberty, and the pursuit of Happiness”.  I see an explosion of prosperity if we simply follow the plan that was laid out for us so long ago.

Or I see a lot of elected officials getting fired.

Since I was not elected I am not encumbered by the responsibilities of office. I am free to recruit and organize – just as I have been doing every day for more than a year now. I will find people who share a vision of a state ruled by Constitutional Liberty, teach them what I know of activism within the Republican Party, and continue my personal quest for restoring the Republic, one person and one precinct at a time.

Transparency in the Oklahoma County Republican Party

The goal of a political party – whether at the national, state, county or even precinct level – should be to find and elect people who represent the philosophy espoused by that party’s platform. A platform is simply a statement of the principles of a political party. The principles of the Republican Party are established from the ground up – people offer amendments or changes to the existing platform, at the lowest level. In Oklahoma that level is the Precinct. The Precinct is also the basic organizational unit, which should funnel volunteer efforts and campaign activities up to candidates and down to activists. There is a problem in Oklahoma County:

The list of Precinct Chairs and Vice Chairs is secret.

Among the many candidates I have helped over the years is Darrell Sorrels, our Republican nominee for Sheriff of Oklahoma County last year. This was the only general election county-wide race in 2012 (there were numerous state house and senate races, as well as Congress, but not county races). The democratic nominee – incumbent John Whetsel – has a very troubling history, both in his administration and in regards to gun control. I have written extensively about some of the issues surrounding his time in office and this campaign. You can read about that on my blog, Capitalist Sooner, and search October of 2012.

While I don’t wish to give a play-by-play recap of what the party did or did not do right in this race, it is very clear to me our county party failed. It failed to adequately support a candidate who should have won. It failed to motivate voters in our county to replace a poor example of public service with an excellent alternative. Our county party failed at the basic level of the “ground game” – by refusing to give Mr. Sorrels, myself, our State Committeewoman and numerous people who asked for their precinct chair’s name that information. It failed to build a case – LONG before 2012 – for why a new sheriff was needed. We all failed to do our duty, to educate the public and make our case, to organize and raise funds, to win the election. The question is – what do we do about it?

What do the democrats do well? They organize and they execute a plan of action!

Our organization as a party – and how we connect people to candidates and candidates to people – is built on the precinct. We cannot organize in secret. We cannot execute a plan of action in secret. We cannot out-organize the community organizers in secret!

Think of the impact of building the party at the precinct level. What is the value of someone knocking on the doors of their neighbors to ask them to vote for a candidate? Can such an endorsement be purchased? How much money do our candidates currently have to waste to overcome the lack of a concerted, precinct by precinct effort to build the party? Every candidate for office in Oklahoma County pays the price of our mutual failure and reaps the rewards of our successes.

Thursday, February 7^th, was the Oklahoma County Precinct meetings. Dozens of people – possibly several hundred – went to 22 meetings at 17 locations around the county. In addition to discussing and voting on changes to the platform, elections were also held. There are four offices at this level of the Republican Party of Oklahoma – Chair, Vice Chair, Treasurer, and Secretary. Along with electing these four people, delegates are elected to go to the next level of the process – the County Convention. Our Oklahoma County Convention is March 23^rd, at the Magnuson Hotel.

Since there are four offices per precinct, and there are 256 precincts (this is the largest county in the state, after all), you would expect at least 1024 people at the county convention. This should be a goal – but a minimum one! Last year there were about 350 in attendance. It appears we have a problem of participation by activists. This might be due to the difficulty of participating in the Republican Party at the precinct level. It appears to me this problem is directly related to the current policy of secret precinct officials.

If elected to the position of Chairman of the Oklahoma County Republican Party, I pledge to make available the names of all elected party officials, and devise a contact method that respects their privacy but invites involvement of both candidates and volunteers in the electoral process. I pledge to seek precinct officers to fill all vacant positions. I pledge to hold regular and public meetings to discuss party business in an open manner.

It is time to rebuild the “grassroots”; to grow the party and make the activists involved matter again.

As we advocate for decentralized and open government, let us build a party that mirrors our philosophy. We should vest power at the first level – the precinct. We should be open about who our elected leaders are – starting with the precinct officers. We must trust our people and ourselves, and move away from the temptation for centralized control. That is the way of the democrats and the progressives. Our strength is our philosophy and our principles, our people and our platform. Let us stand on that foundation!

National Elementary School Toy Gun Show-And-Tell Day

Here is a South Carolina 6 year old kicked out of school for bringing a toy gun to school.

How about this Philadelphia story of a paper gun resulting in the same punishment?

Another child was kicked out for "threatening" to use her "Hello Kitty" gun - but she didn't even have it at school... she is 5 years old.

A pair of 6 year old boys in Maryland were playing "cops and robbers" and were suspended. Obviously, they are a serious threat.

Have you had enough of this idiotic behavior? These administrators are completely out of control - and they are everywhere. These stories are all from the last few weeks - all in January 2013. There are plenty more, and there will be more in the future. The goal is to demonize the very idea of guns, instead of bad behaviors with weapons, or bad behavior in general.

Objects are not good or evil, people are.

In honor of this basic, undeniable fact, I propose National Elementary School Toy Gun Show-And-Tell Day.  Children far and wide should take their Nerf guns, their water guns - make them from paper if you don't have one, draw a picture, use your fingers - just come up with some kind of TOY gun. NO REAL GUNS - you must be an adult to have one of those! Also, no BB guns or pellet guns - just non-firing toys.

Fire any administrator who suspends or kicks out a child for bringing a toy to school for show and tell.

Fire any school board who tries to ban toy guns.

Get a lawyer and sue them individually for all you can - this stupidity will stop, and quickly.

Publicize the names of those who attempt to enforce so-called zero tolerance policies for the idiots they really are. This is not about safety, it is about an agenda of control and fear, and turning schools into prisons. It is about disarming the population by demonizing weapons, not going after the real problem of "gun violence" - that would be those who infringe upon the rights of others.

They can't kick them all out - time for this insanity to stop. It is time for a return to common sense - these are children, treat them like it.

It wouldn't be a bad idea to look at the correlation between school shootings and anti-depressant or anti-psychotic medication, either - but that is for another column.