Governance

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Andrew Cuomo: Dared question the orthodoxy that has wrecked countless businesses and lives | AIER

andrewcuomoEditor’s Note: The following is really two articles rolled up into one. The first about inserting Andrew Cuomo into the Democratic National Convention as a candidate; the second about the economic blunder of shutting everything down.

By Jeffrey A. Tucker

Andrew Cuomo, governor of New York, is moving up in the betting odds for getting the Democratic presidential nomination, even though he is not running. The reason is that binge-watching newshounds have noticed something about his comportment during this crisis. He seems just slightly struggling to know what’s true. Sometimes he is even honest.

Consider this. On Thursday March 26, Cuomo dared question the orthodoxy that has wrecked countless businesses and lives. He revealed what actual experts are saying quietly all over the world but had yet not been discussed openly in the endless public-relations spin broadcast all day and night.

He said the following:

“If you rethought that or had time to analyze that public health strategy, I don’t know that you would say quarantine everyone. I don’t even know that that was the best public health policy. Young people then quarantined with older people was probably not the best public health strategy because the younger people could have been exposing the older people to an infection. “

Further:

“What we did was we closed everything down. That was our public health strategy. Just close everything, all businesses, old workers, young people, old people, short people, tall people. Every school closed, everything.”

It’s true that anyone following the unfolding fiasco and the gradually emerging data behind it knows that Cuomo is right. The response has not been modern and scientific. It has been medieval and mystical. The theory behind the policy has been nothing but a panicked cry of run and hide before the noxious gas gets you. Lacking reliable data – which is the fault of the CDC and FDA – we replaced knowledge with power.

In the end, this fiasco is an epistemic crisis. As Ed Yong has written in a beautifully detailed article for The Atlantic, “The testing fiasco was the original sin of America’s pandemic failure, the single flaw that undermined every other countermeasure.” Even the wide acceptance of social distancing as a norm, however much it helps curb the spread, presumes this absence of knowledge. Stay away from everyone as much as possible: a slogan that reveals how little we know.

And yet lacking that knowledge, the politicians, cheered on by the media, acted in ways that have fundamentally wrecked life as we knew it, all in the course of a couple of weeks.

The massive knowledge gap was filled by a cascade of predictive models made possible by modern statistical packages readily available by subscription to any member of the clerisy. If this, and this, and this, and if this and this and this, then ENTER. Out pops what appears to be a precise presentation of our future under the following conditions, along with an overlay of embedded cause-and-effect assumptions about certain policies followed or not followed. Day after day we were bombarded with such predictions, and we paid close attention because we had little in the way of actual on-the-ground facts that have been available to us in previous disease panics.

It then became the perfect storm. Risk-averse politicians deciding to do something, anything, to avoid blame. Bureaucrats doing what they do best, which is telling people no, you cannot innovate, you cannot produce, you cannot distribute. Local tyrants stopping price gouging and therefore preventing the price system from working. A howling media famished for eyeballs, ears, and clicks. A public panicked about disease and death. An egregious dividing of people into essential and nonessential. Policy snares, tangles, missed opportunities all around.

The cacophony of information chaos has been palpable, unbearable.

All the while, a few knowledgeable experts have been trying their best to weigh in and get some slight attention for rationality. My heart, in particular, goes out to the esteemed Professor John Ioannidis who has been exposing fake science based on bad data his entire life and has been previously celebrated for doing so. He writes as often as he can, while still trying to be as precise and accurate as he can. Apparently such high-end people have a private email list in which they share observations and data, while doing their best to bring calm while civilization is falling apart.

His first salvo appeared March 17. God bless The National Post for publishing Ioannidis’s latest exasperated piece.

At the moment, we are enacting extremely severe measures in an effort to do something. However, we have very little evidence-based data on how to guide our next steps. We really don’t know where we are, where we are heading, whether our measures are effective, or if we need to modify them. There is a possibility that many of our aggressive measures could be doing more harm than good, especially if they are to be maintained in the long term. There will be major consequences in terms of lives lost, major disruptions to the economy, to the society, and to our civilization.

At this juncture we need to act swiftly. At the same time, we need to act equally swiftly to collect unbiased data that will tell us how many people are infected, the chances that someone who is infected will have a serious outcome and die, how the epidemic is evolving in different settings and places around the world, and what difference we are making with the measures that we’re taking. This information can make a huge difference and there is a lot that can go wrong if we don’t have the right data.

This has been an acute situation. At the same time, collecting reliable data should not take time and should not halt our decision-making process. Getting information on representative samples of the population is very easy. It has been done in Iceland, where they have a cohort covering most of the national population looking at samples that have been provided. They see that they have an infection rate of 1.0 per cent, and up until now only two people have died. So, out of the 3,500 infected people in Iceland there have been two deaths, which corresponds to an infection fatality rate lower than the common flu. Of course, some people may be infected later, but nevertheless, these estimates would be very different compared with the original claims of case fatality rates of 3.4 per cent that were circulated.

At the same time, we have other pieces of evidence that the number of people who are infected is much larger compared with the number of cases we have documented. In most places, with few exceptions around the world, we are just testing people who have substantial symptoms who have come to seek health care or even to be hospitalized. These are just the tip of the iceberg. The Iceland experience and other data from Rome and Italy where entire city populations were tested shows that the vast majority of people are either completely asymptomatic or mildly symptomatic in ways that you would not be able to differentiate from the common cold or common flu. This information makes a huge difference while we are proceeding with aggressive measures of social distancing and lockdowns that may have tremendous repercussions, especially in the long term.

As the song says, stop making sense.

I write on Saturday morning March 28, and right now there are two contrary strains about to collide. On the one hand, you have scientists reducing their death-rate predictions further and further, lopping off zeros by the day. On the other hand, this is accompanied by appalling levels of despotism, even to the point of National Guard checkpoints at state borders and restrictionson what you can buy even at “essential” stores. This gigantic gap between emerging professional medical consensus and appalling policy ignorance is revealing as never before the practical impossibility of scientific public policy.

Then you have the cascade of unintentional and unexpected outcomes of the rush to coerce. It began with Trump’s disastrous block on flights from Europe that sent millions scrambling for tickets and led to an unspeakable crush of people standing shoulder-to-shoulder at our nations’ airports, contradicting the demand that people social distance just when the virus was revealing itself as highly contagious. The very opposite of intended results!

That’s just the beginning. I doubt seriously that the political class in this country, as low a regard I have it, set out to destroy all that we call civilized life, instantly generating millions of unemployed workers and bankrupt businesses all around, not to mention a pandemic of utter hopelessness on the part of vast swaths of the world’s population. Still, this is what they have managed to achieve. This is what their pretense of knowledge – as opposed to actual wisdom – has unleashed on the world, with incalculable human cost.

As for economics, are we talking recession? Depression? Those words indicate cyclical changes in business conditions. My friend Gene Epstein suggests another term for what we are going through. The Great Suppression. There will be months, years, and decades in which to more clearly observe the countless ways in which the supressors piled error upon error, blockage upon blockage, to add to the grotesquery.

What truly should inspire us all right now are the grocers, pharmacists, truck drivers, manufacturers, doctors and nurses, construction workers, service station attendants, webmasters, volunteers of all sorts, philanthropists, and specialists in a huge variety of essential professions who keep life functioning more or less. And let us not forget the “unessential” people (it’s an incorrect and vicious term) who have innovated ways around the Great Suppression to continue to serve others, keep the rent being paid, and food on their tables. They are the means of salvation out of this mess.

The market, hobbled and bludgeoned, still loves you.

As for the politicians, Andrew Cuomo has admitted some of the error. In a much-welcome change, he has even deregulated medical services. There’s just a hint of humility and humanity embedded in these statements and actions. We need more of that, vastly more, if only to contribute to calming things down long enough to gain some perspective, and, hopefully, some eventual realization that in the “land of the free and the home of the brave” a virus should be regarded as a disease to mitigate and cure, not an excuse to bludgeon life on earth as we know it.

Source: American Institute for Economic Research

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Italians Take to the Streets to Protest New Mandatory Vaccination Law | Vaccine Impact

Vaccine-protests-ItalyBrian Shilhavy
Health Impact News Editor

Readers from Italy have been contacting Health Impact News this past week (June, 2017), asking us to cover the massive demonstrations happening throughout Italy to protest a new mandatory vaccine law. This news has been censored from the U.S. corporate media.

Francesca Alesse, who worked with the VAXXED film team to get the film shown in Italy last year, writes:

In an unprecedented way, the decree-law proposed by the Minister of Health has been signed by the sitting Italian president Sergio Mattarella. Only four vaccines were mandatory in Italy, now that number triples to 12.

No other decree-law has moved so fast in the Italian legislative system, the reasons of such hurry are incomprehensible considering that the Istituto Superiore Di Sanità (the local version of the CDC) has declared that contrary to what stated in the decree itself there is no objective urgency. There are no epidemics, the number of cases of measles or meningitis in the current year have been substantially lower than the previous year.

Thousands of parents have protested the new law this past June 3rd,  protests and marches have taken place in 21 Italian cities spread across the nation. A national protest is scheduled for this Sunday June 11th.

The translated full text of the decree-law is found here.

Florence Protest

The new law apparently has severe consequences for parents who fail to comply, including the possibility of having their children taken away from them. In addition to public outcry, there appears to be strong political opposition to the law as well.

Elisabetta Bressan, an Italian commenting on Facebook writes:

Protests are going to increase here, as our Government has announced…  a law to introduce 12 mandatory vaccines. The law…. was announced by our Health Ministry to be as follows: 12 mandatory vaccination needed to have access to pre-school system (age 0-6): no vaccination, no enrollment, no exceptions; for mandatory school (age 0-16) if kids were not vaccinated parents should pay a penalty between 500€ and 7.500€ per year, if you cannot afford it, you’ll be refer to Jouvanile Court, that could suspend your parents rights to get your children vaccinated. A national protest is envisaged in Rome on June 11.

This will start within the next school year (September 2017); it has been calculated that more then 800,000 kids will need to receive a massive vaccination in a very little time.

As you know, Italy had been chosen in 2014 as leading Country for the WHO world vaccination campaign co-financed by Bill & Melinda Gates Foundation, therefore what happen here can affect also other countries.

In other comments posted on Facebook, Elisabetta Bressan suggests that the new mandatory vaccine law has strong financial connections to the pharmaceutical company GlaxoSmithKline, which could benefit from over 1 billion euros invested in Italy over the next four years. She writes:

This is the press conference of Health Minister, Ms. Lorenzin explaining the DL https://www.facebook.com/mauriziolupi.it/videos/10155541295653694/

At the opening of the conference, all guests are presented to the press, including Dr. Ranieri Guerra, presented as Director General of Health Prevention of the Ministry of Health. (Man sitting on Ms. Lorenzin right)

His curriculum vitae is regularly published in the Government’s website:
http://www.salute.gov.it/…/CV…/CV_pubblicazioni_Guerra_n.pdf at page 6 you can see he is a member of Glaxo Smith-Kline Foundation board.

On the Foundation website http://www.fsk.it/la-fondazione/storia-della-fondazione/ you are provided with additional information:

In 1987, it was recognized by the World Health Organization (WHO) as the ‘Center for Collaboration in the Training of Health Personnel’ and in 1997 as a ‘Hospitality Management Collaboration Center’ in Italy.

The Fsk.it website belongs To Smith Kline Foundation which is maintained thanks to the non-binding annual liberal loan of the founding partner GLAXOSMITHKLINE SpA, as well as the incomes of its own projects.

The members of the Board of Directors, as indicated here, are nominated by the Ministry of Health, the Ministry of University and Research, the Ministry of the Economy, ISS, the State State Conference and GlaxoSmithKline SpA and they approve the FSK Activity Plan annually.

The members of the Board of Directors (including Mr. Ranieri Guerra) are appointed, among others, by:
– Ministry of Health, represented in the press conference by Minister Beatrice Lorenzin
– ISS,
– Higher Institute of Health, present in the person of Dr. Walter Ricciardi,
– the same GlaxoSmithKline S.p.A. Vaccines and drugs, Glaxo bets 1 billion on Italy
http://www.sanita24.ilsole24ore.com/…/vaccini-e-farmaci-gla…

Here we talk about an investment of 1 billion euros in Italy for the next 4 years, including 2016 and the years relating to the new National Vaccine Plan 2017/2019 so promoted by the Ministry of Health.

Source: Vaccine Impact

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California’s shutdown orders are totally unconstitutional | WND

FreedomJohnny Liberty, Editor’s Note: Libertarians, as you can see from the Foundation for Economic Education’s annual freedom ranking of the fifty U.S. states, California ranks near the bottom with Hawaii and New York. Perhaps this correlates with the draconian lockdown orders coming from each of these states during the COVID-19 crisis. 

By Jim Breslo

President Donald Trump is rightly talking about when we can reopen the country for business, noting that we cannot allow the cure to become worse than the disease. However, Trump does not have the keys to the shop. It is the country’s governors and mayors. Thus far they have not been expressing the same sentiment. If they do not loosen their shutdown orders within a reasonable time, we may have to turn to the courts. It turns out that many, if not all, of these orders would likely be struck down as unconstitutional.

The federal government thus far has only issued “guidelines,” not enforceable orders. Many states and cities, however, have issued enforceable orders whereby violation subjects one to fines or imprisonment.

Mark Meuser is a constitutional law attorney and former Republican nominee for California secretary of state. He reported this week on my Hidden Truth Show podcastthat the California Constitution does not permit state officials to order every resident, regardless of their individual health condition, to “self-quarantine” or “shelter in place.”

Article I of the California Constitution reads: “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” Most state constitutions contain similar language.

Neither the governor nor the mayors have the authority to suspend the state constitution, regardless of the emergency. According to Meuser, state officials may declare a state of emergency, and may quarantine individuals known to have the virus or known to have been in contact with those who had the virus pursuant to the state’s health and safety laws. But a sweeping ban prohibiting people from leaving their homes, according to Meuser, is a clear overreach. It arguably violates numerous parts of Article I, such as Californians’ “inalienable right” to be “free and independent,” enjoy “life” and “liberty,” to “acquire, possess, and protect property,” and pursue “happiness.”

California’s Appellate Court ruled on a case brought soon after the time of the Spanish Flu, stating, “A mere suspicion [that someone is infected], unsupported by facts giving rise to reasonable or probable cause, will not justify depriving a person of his liberty under an order of quarantine.” [Ex parte Arata (App. 2 Dist. 1921) 52 Cal.App. 380, 198 P. 814.]

Granted, the case involved imposing a quarantine on a single individual, not on the entire populace. But, think of it this way: If state or local officials required that just you stay home, even though you do not have the flu and have not been in contact with someone known to have the flu, your reaction would likely be, “You can’t do that!” Well, the directive is no more constitutional if it applies to everyone like you. It may seem more “fair,” and not violate the equal protection clause, but it would still equally violate individual liberty. A government violation of individual constitutional rights does not become less violative simply by applying it to more people.

Meuser argues in the interview that the orders are also a clear violation of the constitutional right to “protect property” since Californians are being prevented from tending to their property unless it happens to be deemed “essential.” If a Californian cannot visit, let alone operate, one’s business, it cannot be protected.

Mayor Eric Garcetti’s order requires “all residents of the City of Los Angeles to stay inside their residences.” The order expressly prohibits, “Travel to or from a vacation home outside the City.” In other words, Angelenos are prohibited from going to their own garage, getting in their own car and driving it to their own vacation home. Such conduct, according to the order, is punishable by “fine or imprisonment.”

The orders may also violate the United States Constitution. The First Amendment prohibits both state and federal government from “prohibiting the free exercise” of religion or “the right of the people peaceably to assemble.” Clearly, the orders prevent people from engaging in religious gatherings or joining in any group activity. Since the bans are not narrowly tailored to those with the virus or known to have been subjected to it, they likely violate the First Amendment. Further, the orders violate at least the intent of the Fifth Amendment, which provides, “nor shall private property be taken for public use, without just compensation.” Shutting down businesses for the public good arguably requires the state to provide compensation to those businesses.

It is certainly up for debate whether shutdown orders in California, New York and other states is the smart thing to do. It seems that about half of people support them, and half do not. They are wreaking economic havoc on businesses and employees, while at the same time no doubt slowing the spread of the virus. Only with time will we be able to know whether the trade-off was worth it. We make similar trade-offs between freedom and health all the time. The most obvious example being the choice to allow people to drive automobiles despite the fact that they cause about 40,000 deaths every year in the U.S. Importantly, the coronavirus has killed far less than that worldwide, yet we are restricting people to their homes, a far more restrictive measure than prohibiting people from driving.

But whether the trade-off is smart or not, it is irrelevant to the question of whether it is constitutional. The orders clearly are not. State and federal constitutions provide a vital backstop to protect the people against government overreach, which often comes at times of crisis. We saw this happen after 9/11. It is human nature to panic and to overreact out of fear. The Constitution, which we all swear an oath to by nature of being citizens, stands on guard to protect us against such overreach in times like this. This is not the time to abandon it.

Source: WND

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Stimulus Bill Allows Federal Reserve to Conduct Meetings in Secret; Gives Fed $454 Billion Slush Fund for Wall Street Bailouts | Counterpunch & Wall Street on Parade

18738917_1482261835165484_5559254414311741520_oJohnny Liberty, Editor’s Note: Once again there’s more than meets the eye in the stimulus bill that just passed unanimously in the U.S. Senate. Apparently, if you read this article you’ll discover that the Federal Reserve has been granted extreme powers to stabilize the economy (which is the code word for bailing out the banks who have overextended themselves since 2008). Coronavirus is yet another smokescreen for transferring power from the people to the international bankers (not saying COVID-19 isn’t real). Another sad day for the future of freedom in the United States of America.

By Pam & Russ Martens

The U.S. Senate voted 96-0 late yesterday on a massive bailout of Wall Street banks versus a short-term survival plan for American workers thrown out of their jobs – and potentially their homes. The text of the final bill was breathtaking in the breadth of new powers it bestowed on the Federal Reserve, including the Fed’s ability to conduct secret meetings with no minutes provided to the American people. The House of Representatives has yet to vote on the bill.

The bill provides specific sums that can be made as loans or loan guarantees to passenger airlines ($25 billion), cargo airlines ($4 billion), and loans and loan guarantees to businesses necessary to national security ($17 billion). But when it comes to the money going to the Federal Reserve and then out the door to Wall Street, the legislation says only this:

“Not more than the sum of $454,000,000,000…shall be available to make loans and loan guarantees to, and other investments in, programs or facilities established by the Board of Governors of the Federal Reserve System for the purpose of providing liquidity to the financial system….”

Why does the Federal Reserve need $454 billion from the U.S. taxpayer to bail out Wall Street when it has the power to create money out of thin air and has already dumped more than $9 trillioncumulatively in revolving loans to prop up Wall Street’s trading houses since September 17, 2019 – long before there was any diagnosis of coronavirus anywhere in the world.

The Fed needs that money to create more Special Purpose Vehicles (SPVs) — the same device used by Enron to hide its toxic debt off its balance sheet before it went belly up. With the taxpayers’ money taking a 10 percent stake in the various Wall Street bailout programs offered by the Fed, structured as SPVs, the Fed can keep these dark pools off its balance sheet while levering them up 10-fold.

White House Economic Adviser Larry Kudlow acknowledged plans by the Fed to leverage the money at a White House press briefing this week, stating that the money the Treasury is handing over to the Fed would result in “$4 trillion in Federal Reserve lending power.”

The Fed has already created one of these SPVs. On March 17, the Fed said it was  creating a Commercial Paper Funding Facility (CPFF) that would work like this:

“The Treasury will provide $10 billion of credit protection to the Federal Reserve in connection with the CPFF from the Treasury’s Exchange Stabilization Fund (ESF). The Federal Reserve will then provide financing to the SPV under the CPFF. Its loans will be secured by all of the assets of the SPV.”

The Fed also used SPVs during the 2007-2010 financial crisis to buy toxic debt from Bear Stearns to facilitate its takeover by JPMorgan Chase and to prop up AIG, a giant insurer that had gorged on Wall Street’s tricked-up derivatives. Those programs became known as Maiden Lane I, II and III.

Adding to the suspicions that the Fed doesn’t want to have to battle Freedom of Information Act (FOIA) requests (sunshine law requests) again in court, as it did and lost during the last financial crisis to keep its outrageous $29 trillion bailout program to Wall Street a secret from the public, the Senate-approved stimulus bill repeals the sunshine law for the Fed’s meetings until the President says the coronavirus threat is over or the end of this year. That could make any FOIA lawsuits to unleash details of what’s going on next to impossible since it has been codified in a federal law. The bill states the following:

SEC. 4009. TEMPORARY GOVERNMENT IN THE SUNSHINE ACT RELIEF. (a) IN GENERAL.—Except as provided in subsection 8 (b), notwithstanding any other provision of law, if the Chairman of the Board of Governors of the Federal Reserve System determines, in writing, that unusual and exigent circumstances exist, the Board may conduct meetings without regard to the requirements of section 552b of title 5, United States Code, during the period beginning on the date of enactment of this Act and ending on the earlier of— (1) the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 20 U.S.C. 1601 et seq.) terminates; or (2) December 31, 2020.

This could mean that the American taxpayer may never learn why it went into debt to the tune of $454 billion if no records are being maintained.

Wall Street’s mega banks and their primary regulator, the Federal Reserve, are no longer just a threat to the safety and soundness of the U.S. banking system — together they are an unparalleled and unprecedented threat to the idea of democracy as we understand it.

We find it difficult to believe that Senators Bernie Sanders, Elizabeth Warren, Sherrod Brown and Jeff Merkley would vote in favor of this legislation – given their in-depth knowledge of what the Fed did during the last financial crisis. The public deserves an honest explanation from each of them.

Source: Counterpunch & Wall Street on Parade

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Edward Snowden says COVID-19 could give governments invasive new data-collection powers that could last long after the pandemic | Business Insider

5e7de83b487c224a1c2a56b7Edward Snowden, the man who exposed the breadth of spying at the US’s National Security Agency, has warned that an uptick in surveillance amid the coronavirus crisis could lead to long-lasting effects on civil liberties.

During a video-conference interview for the Copenhagen Documentary Film Festival, Snowden said that, theoretically, new powers introduced by states to combat the coronavirus outbreak could remain in place after the crisis has subsided.

Fear of the virus and its spread could mean governments “send an order to every fitness tracker that can get something like pulse or heart rate” and demand access to that data, Snowden said.

“Five years later the coronavirus is gone, this data’s still available to them — they start looking for new things,” Snowden said. “They already know what you’re looking at on the internet, they already know where your phone is moving, now they know what your heart rate is. What happens when they start to intermix these and apply artificial intelligence to them?”

While no reports appear to have surfaced so far of states demanding access to health data from wearables like the Apple Watch, many countries are fast introducing new methods of surveillance to better understand and curb the spread of the coronavirus.

Numerous European countries, including Italy, the UK, and Germany, have struck deals with telecoms companies to use anonymous aggregated data to create virtual heat maps of people’s movements.

Israel granted its spy services emergency powers to hack citizens’ phones without a warrant. South Korea has been sending text alertsto warn people when they may have been in contact with a coronavirus patient, including personal details like age and gender. Singapore is using a smartphone app to monitor the spread of the coronavirus by tracking people who may have been exposed.

In Poland, citizens under quarantine have to download a government app that mandates they respond to periodic requests for selfies. Taiwan has introduced an “electronic fence” system that alerts the police if quarantined patients move outside their homes.

Source: Business Insider

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What good are constitutional rights if they are violated when Americans get sick? | The Washington Times

B4-NAPO-Judge-Rule-_c0-127-686-526_s561x327By Andrew P. Napolitano

One of my Fox colleagues recently sent me an email attachment of a painting of the framers signing the Constitution of the United States. Except in this version, George Washington — who presided at the Constitutional Convention — looks at James Madison — who was the scrivener at the Convention — and says, “None of this counts if people get sick, right?”

In these days of state governors issuing daily decrees purporting to criminalize the exercise of our personal freedoms, the words put into Washington’s mouth are only mildly amusing. Had Washington actually asked such a question, Madison, of all people, would likely have responded: “No. This document protects our natural rights at all times and under all circumstances.”

It is easy, 233 years later, to offer that hypothetical response, particularly since the Supreme Court has done so already when, as readers of this column will recall, Abraham Lincoln suspended the constitutionally guaranteed writ of habeas corpus — the right to be brought before a judge upon arrest — only to be rebuked by the Supreme Court.

The famous line above by Benjamin Franklin, though uttered in a 1755 dispute between the Pennsylvania legislature and the state’s governor over taxes, nevertheless provokes a truism.

Namely, that since our rights come from our humanity, not from the government, foolish people can only sacrifice their own freedoms, not the freedoms of others.

Thus, freedom can only be taken away when the government proves fault at a jury trial. This protection is called procedural due process, and it, too, is guaranteed in the Constitution.

Of what value is a constitutional guarantee if it can be violated when people get sick? If it can, it is not a guarantee; it is a fraud. Stated differently, a constitutional guarantee is only as valuable and reliable as is the fidelity to the Constitution of those in whose hands we have reposed it for safekeeping.

Because the folks in government, with very few exceptions, suffer from what St. Augustine called libido dominandi — the lust to dominate — when they are confronted with the age-old clash of personal liberty versus government force, they will nearly always come down on the side of force.

How do they get away with this? By scaring the daylights out of us. I never thought I’d see this in my lifetime, though our ancestors saw this in every generation. In America today, we have a government of fear. Machiavelli offered that men obey better when they fear you than when they love you. Sadly, he was right, and the government in America knows this.

But Madison knew this as well when he wrote the Constitution. And he knew it four years later when he wrote the Bill of Rights. He intentionally employed language to warn those who lust to dominate that, however they employ governmental powers, the Constitution is “the Supreme Law of the Land” and all government behavior in America is subject to it.

Even if the legislature of the State of New York ordered, as my friend Gov. Andrew Cuomo — who as the governor, cannot write laws that incur criminal punishment — has ordered, it would be invalid as prohibited by the Constitution.

This is not a novel or an arcane argument. This is fundamental American law. Yet, it is being violated right before our eyes by the very human beings we have elected to uphold it. And each of them — every governor interfering with the freedom to make one’s own choices — has taken an express oath to comply with the Constitution.

You want to bring the family to visit grandma? You want to engage in a mutually beneficial, totally voluntary commercial transaction? You want to go to work? You want to celebrate Mass? These are all now prohibited in one-third of the United States.

I tried and failed to find Mass last Sunday. When did the Catholic Church become an agent of the state? How about an outdoor Mass?

What is the nature of freedom? It is an unassailable natural claim against all others, including the government. Stated differently, it is your unconditional right to think as you wish, to say what you think, to publish what you say, to associate with whomever wishes to be with you no matter their number, to worship or not, to defend yourself, to own and use property as you see fit, to travel where you wish, to purchase from a willing seller, to be left alone. And to do all this without a government permission slip.

What is the nature of government? It is the negation of freedom. It is a monopoly of force in a designated geographic area. When elected officials fear that their base is slipping, they will feel the need to do something — anything — that will let them claim to be enhancing safety. Trampling liberty works for that odious purpose. Hence a decree commanding obedience, promising safety and threatening punishment.

These decrees — issued by those who have no legal authority to issue them, enforced by cops who hate what they are being made to do, destructive of the freedoms that our forbearers shed oceans of blood to preserve and crushing economic prosperity by violating the laws of supply and demand — should all be rejected by an outraged populace, and challenged in court.

These challenges are best filed in federal courts, where those who have trampled our liberties will get no special quarter. I can tell you from my prior life as a judge that most state governors fear nothing more than an intellectually honest, personally courageous, constitutionally faithful federal judge.

Fight fear with fear.

• Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is a regular contributor to The Washington Times. He is the author of nine books on the U.S. Constitution.

Source: Washington Times

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Inaccurate Virus Models Are Panicking Officials Into Ill-Advised Lockdowns | The Federalist

InaccurateBy Madeline Osburn

Editor’s Note: Just when we thought it couldn’t get any worse, as it turns out this COVID-19 crisis has been manufactured in part (not the disease mind you, but the rapid response) by a few behind the scenes organizations which just happen to have Democrat activists at the forefront. Impeachment didn’t work to eradicate Trump, so let’s take advantage of an alleged pandemic to drive down the economy and put the blame on him (so he won’t get reelected). Read this article and weep.

How a handful of Democratic activists created alarming, but bogus data sets to scare local and state officials into making rash, economy-killing mandates.

As U.S. state and local officials halt the economy and quarantine their communities over the Wuhan virus crisis, one would hope our leaders were making such major decisions based on well-sourced data and statistical analysis. That is not the case.

A scan of statements made by media, state governors, local leaders, county judges, and more show many relying on the same source, an online mapping tool called COVID Act Now. The website says it is “built to enable political leaders to quickly make decisions in their Coronavirus response informed by best available data and modeling.”

An interactive map provides users a catastrophic forecast for each state, should they wait to implement COVID Act Now’s suggested strict measures to “flatten the curve.” But a closer look at how many of COVID Act Now’s predictions have already fallen short, and how they became a ubiquitous resource across the country overnight, suggests something more sinister.

When Dallas County Judge Clay Jenkins announced a shelter-in-place order on Dallas County Sunday, he displayed COVID Act Now graphs with predictive outcomes after three months if certain drastic measures are taken. The NBC Dallas affiliate also embedded the COVID Act Now models in their story on the mandate.

The headline of an NBC Oregon affiliate featured COVID Act Now data, and a headline blaring, “Coronavirus model sees Oregon hospitals overwhelmed by mid-April.” Both The Oregonian and The East Oregonian also published stories featuring the widely shared data predicting a “point of no return.”

Michigan Gov. Gretchen Whitmer cited COVID Act Now when telling her state they would exceed 7 million cases in Michigan, with 1 million hospitalized and 460,000 deaths if the state did nothing.

A local CBS report in Georgia featured an Emory University professor urging Gov. Brian Kemp with the same “point of no return” language and COVID Act Now models.

Carlos del Rio

✔@CarlosdelRio7

We need ⁦@GovKemp⁩ to act now, the point of “no return” for GA is rapidly closing. To prevent a catastrophe in the healthcare system due to we need for him to shut down GA now. ⁦@drmt⁩ ⁦⁦@Armstrws⁩ ⁦@colleenkraftmd⁩ https://covidactnow.org/state/GA 

This model predicts the last day each state can act before the point of no return

The only thing that matters right now is the speed of your response

covidactnow.org

The models are being shared across social media, news reports, and finding their way into officials’ daily decisions, which is concerning because COVID Act Now’s predictions have already been proven to be wildly wrong.

COVID Act Now predicted that by March 19 the state of Tennessee could expect 190 hospitalizations of patients with confirmed Wuhan virus. By March 19, they only had 15 patients hospitalized.

In New York, Covid Act Now claimed nearly 5,400 New Yorkers would’ve been hospitalized by March 19. The actual number of hospitalizations is around 750. The site also claimed nearly 13,000 New York hospitalizations by March 23. The actual number was around 2,500.

In Georgia, COVID Act Now predicted 688 hospitalizations by March 23. By that date, they had around 800 confirmed cases in the whole state, and fewer than 300 hospitalized.

In Florida, Covid Act Now predicted that by March 19, the state would face 400 hospitalizations. On March 19, Gov. Ron DeSantis said 90 people in Florida had been hospitalized.

COVID Act Now’s models in other states, including Oklahoma and Virginia, were also far off in their predictions. Jordan Schachtel, a national security writer, said COVID Act Now’s modeling comes from one team based at Imperial College London that is not only highly scrutinized, but has a track record of bad predictions.

Jordan Schachtel

✔@JordanSchachtel

Replying to @JordanSchachtel

4) Their models come 100% from Imperial College UK projection that is coming under *heavy* scrutiny from scientific community. IC UK produced the famed doomsday scenario that guaranteed 2MM dead Americans. The man behind the projections is refusing to make his code public.

Jessica Hamzelou at New Scientist notes the systematic errors researchers and scientists have found with the modeling COVID Act Now relies on:

Chen Shen at the New England Complex Systems Institute, a research group in Cambridge, Massachusetts, and his colleagues argue that the Imperial team’s model is flawed, and contains ‘incorrect assumptions’. They point out that the Imperial team’s model doesn’t account for the availability of tests, or the possibility of ‘super-spreader events’ at gatherings, and has other issues.

Among other issues, COVID Act Now lists the “Known Limitations” of their model. Here are a few that seem especially alarming, considering they generate a model for each individual state:

Many of the inputs into this model (hospitalization rate, hospitalization rate) are based on early estimates that are likely to be wrong.

Demographics, populations, and hospital bed counts are outdated. Demographics for the USA as a whole are used, rather than specific to each state.

The model does not adjust for the population density, culturally-determined interaction frequency and closeness, humidity, temperature, etc in calculating R0.

This is not a node-based analysis, and thus assumes everyone spreads the disease at the same rate. In practice, there are some folks who are ‘super-spreaders,’ and others who are almost isolated.

So why is the organization or seemingly innocent online mapping tool using inaccurate algorithms to scaremonger leaders into tanking the economy? Politics, of course.

Founders of the site include Democratic Rep. Jonathan Kreiss-Tomkins and three Silicon Valley tech workers and Democratic activists — Zachary Rosen, Max Henderson, and Igor Kofman — who are all also donors to various Democratic campaigns and political organizations since 2016. Henderson and Kofman donated to the Hillary Clinton campaign in 2016, while Rosen donated to the Democratic National Committee, recently resigned Democratic Rep. Katie Hill, and other Democratic candidates. Prior to building the COVID Act Now website, Kofman created an online game designed to raise $1 million for the eventual 2020 Democratic candidate and defeat President Trump. The game’s website is now defunct.

Perhaps the goal of COVID Act Now was never to provide accurate information, but to scare citizens and government officials into to implementing rash and draconian measures. The creators even admit as much with the caveat that “this model is designed to drive fast action, not predict the future.”

They generated this model under the guise of protecting communities from overrun hospitals, a trend that is not on track to happen as they predicted. Not only is the data false, and looking more incorrect with each passing day, but the website is optimized for a disinformation campaign.

A social media share button prompts users to share their models and alarming graphs on Facebook and Twitter with the auto-fill text, “This is the point of no return for intervention to prevent X’s hospital system from being overloaded by Coronavirus.

The daunting phrase, the “point of no return,” is the same talking point being repeated by government officials justifying their shelter-in-place orders and filling local news headlines.

Democrats are not going to waste such a rich political opportunity as a global pandemic. Americans already witnessed Speaker of the House Nancy Pelosi and House Democrats attempt to take advantage of an economic recession with a pipe-dream relief bill this week. Projects like COVID Act Now are another attempt to play the same political games, but with help from unknown, behind-the-scenes Democratic activists instead.

Our community leaders, the mayors and the city councils, deserve better than to be swindled by a handful Silicon Valley tech bros. Our governors and state officials deserve better data and analysis than a Democratic activists’ model that doesn’t adjust for important geographical factors like population density or temperature. Americans and their families deserve better than to be jobless, hopeless, and quarantined because of a single website’s inaccurate and hyperbolic hospitalization models.

Madeline Osburn is a staff editor at the Federalist and the producer of The Federalist Radio Hour. Follow her on Twitter.
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I am an American constitutional lawyer – and I see our government using Covid-19 to take away our fundamental rights | Ron Paul Institute

lockdown

Johnny Liberty, Editor’s Note: For almost thirty years we fought to preserve your freedoms in America from the encroachment of national, state and local governments only to have one, overstated “pandemic” destroy all of them in one large swath of overreaching power. Americans are still asleep at the wheel and have lost the enthusiasm for preserving their freedoms. The U.S. Constitution and your Bill of Rights has been quarantined. 

By Robert Barnes

Do we really think “it can’t happen here” in America? Could we quarantine the constitution? Are we doing it already?

Panics from pandemics unleash unchecked governmental power. The very premise of popular films like V for Vendetta reveal this: a group uses a virus to seize power and create a totalitarian society. Anyone could witness this from far-off lands, watching the news about China locking people up in their own homes and then removing them screaming from those homes whenever the state wanted. World War I and the Great Depression birthed virulent forms of governments with leaders like Hitler, Mao, Mussolini and Stalin.

Governments across America already used the pandemic, and the media-stoked panic around the pandemic particularly, to limit, restrict or remove First Amendment freedoms of speech and free association, with officials complaining about the potential restraints the freedom of religion imposed upon them. Others denied or declared the right to deny Second Amendment rights of gun purchase for personal safety (at a time governments are issuing no-arrest and no-detention orders for a wide range of crimes in their community while publicly freeing inmates from jails and prisons). They want to coordinate with tech companies to surveil and spy on your everyday movements and activities, in violation of the Fourth Amendment and potentially waive, unilaterally, your medical right to privacy in multiple contexts. Stay-at-home orders deprive you of your profession, occupation, business and property, without any due process of law at all beyond an executive fiat in violation of the Fifth Amendment right to due process. Governments request the authority to involuntarily imprison any American on mere fear of infection without any probable cause of crime or clear and present danger of harm by that person’s volitional conduct, deny access to personal counsel in an unsupervised, un-surveilled manner in violation of the Sixth Amendment, and act as judge, jury and executioner in violation of the Seventh Amendment right to a trial by jury, as jury trials themselves get suspended around the country in the nation’s quieted courts and fear-muted public.

The real pandemic threat is here. It’s the panic that will quarantine our Constitution.

First Amendment Quarantined?

Already, governments in America suspended the First Amendment freedom of millions of citizens with shutdown, stay-at-home, curfew orders that prohibit obtaining a petition for a public protest, or even being physically present for a public protest. Indeed, even meetings in “more than ten” are prohibited by various governing jurisdictions within the United States. Surprising places like Missouri did so. Towns like Hartford did so. Maryland soon followed suit. The effect of the stay-at-home orders of New York,  California, Nevada, Illinois and Pennsylvania effectively achieve the same outcome. Other governing officials recognized the dubious lawlessness of these orders, but remain outliers. Remember the Hong Kong protests? Gone. Remember the Yellow Vest protests? Soon to be gone. Seen any protests on American streets today? A pandemic is here. Protests gone. Constitution quarantined.

Second Amendment Quarantined?

But that is not all. Under the guise of “unnecessary businesses,” “emergency powers,” or simply by furloughing or reducing staff in the background checks department, governments show the willingness to limit Second Amendment rights as well as First Amendment protections. Mayors declare the right to ban gun sales, governments declare no background-check personnel to process a background check, delaying gun sales indefinitely, and other governments simply shut down all gun sales businesses entirely. Most worrisome, this happens while governments release inmates into the streets, and discuss releasing even more, and, at the same time, issue no-arrest and no-detention orders from Philadelphia to Fort Worth for a wide range of criminals. Want to defend yourself, give yourself a deep sense of personal protection that comes with gun ownership for many, as the Second Amendment safeguards? Well, no luck, according to too many of our governing overlords. A pandemic is here. Self-protection sacrificed. Constitution quarantined.

Fourth Amendment Quarantined?

Few protections are more American than the right to privacy against coerced, compelled, secretive, subversive invasion. The government operates like a virus in a case of a pandemic panic, infecting our minds and bodies, monitoring speech, association and movement, with tools of surveillance unthought-of to the founders. Coordinating with private companies (unrestrained by the Fourth Amendment; why do you think NSA uses them to gather all your emails, conversations, texts, and internet searches, at the first stage?), governments used the panic about the pandemic, a panic the government itself stoked with aid of a compliant, complicit press, to waive your medical privacy and invade your personal privacy, looking for tools to monitor your every movement, associations, activities, and behavior. The watching eye in the sky can now be the Alexa in your home, the camera on your computer, and the phone in your hand. A pandemic is here. Privacy ended. Constitution quarantined.

Fifth Amendment Quarantined?

The protection for our right to make a living arises from the Fifth Amendment right to property without deprivation by due process of law, and the obligation for the government to compensate any such takings. Yet, governments across America did just that to millions of businesses, workers, and property owners, stripping them of their ability to make a living, or even to engage in a free market of commerce, by shutdown orders, curfews, and stay-at-home orders. The political and professional class ensconced in its work-from-home environs fails to appreciate the hardship this imposes on working people. No compensation. No substitution. No wages. No revenues. No opportunity. Labor lost that can never be recovered, ever, while it leaves our economy teetering on the edge of a worst-ever depression. The foundation of government is to protect the pursuit of happiness. Now all we get to pursue is Netflix-and-chill and hope miracles happen to pay next week’s bills, and pray the market doesn’t crash like in 1929. A pandemic is here. Opportunity & property gone. Constitution quarantined.

Conclusion

Our founders were intimately familiar with pandemics, viruses and plagues, yet they did not allow any to suspend our Constitutional liberties. Not one word in the Constitution about plagues or pandemics to exempt the government from any of our Bill of Rights. Why do our current courts allow it? Because the public is asleep at the wheel. Think the pandemic threatens to kills us all? A review of the data shows the pandemic is more panic than plague.

Time to wake up. Maybe it is time in the motto of V for Vendetta, to “Remember, remember the fifth of November, the gunpowder treason and plot.” As that film’s lead character well said: “People shouldn’t be afraid of their government. Governments should be afraid of their people.” Only when an awake public asserts their human liberties to protest the loss of their liberties will, then, governments quit using public health crises to seize power that does not belong to them. The answer to 1984 is still 1776.

Reprinted with permission from RT.

The author is an American constitutional lawyer representing high-profile clients in civil and criminal trials, and known for his prescient political prognostications in American and international elections.

Source: Ron Paul Institute

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Does Gov. Newsom Have the Power to Shut Down Private Businesses Because of Coronavirus? | California Globe

HM_JF19_Page_37_Image_0001_0Editor’s Note: Finally, a constitutional attorney studies the California Governors martial law powers distinct from emergency powers. The State of California has declared a state emergency on the heels of a national emergency so as to cash in on federal funding  available to the state, but the Governor has not declared martial law. His orders are recommendations with no force of law.

Do counties really have the authority to order everyone to stay at home? Are Shelter in Place Laws Valid?

By Katy Grimes

California Constitutional-Election Law Attorney Attorney Mark Meuser has been questioned so much about the Coronavirus shelter in place orders, and social distancing, he prepared a video and comprehensive explanation of the executive Orders issued by Gov. Gavin Newsom, and California counties public health officials’ orders.

Mark Meuser:

I have been asked by numerous people to help them understand what is going on in the state of California regarding the shutting down of businesses and shelter in place laws. Does the governor really have the power to shut down private businesses? Do counties really have the authority to order everyone to stay at home? This video is my attempt to provide some basic understanding about the difference between martial law and the governor declaring a state of emergency. In this video, we will look at California statutes, the Governors Executive Orders, and the subsequent county health orders of shelter in place. Hopefully as we go through all these documents, you will gain a better understanding of what exactly is going on in this state.

Because of all the misinformation and a lack of information regarding what is going on, if you find this video helpful, can I ask you to share this video on your social media. Tell your friends and family to watch this video so that they can be better educated on what exactly is going on legally that led to all these shelter in place laws.

Please remember that things are changing by the minute and as such, it may not necessarily reflect the most current legal developments. As such, all the information presented here is for general information purposes only and is not intended to be legal advice. You should seek the advice of legal counsel of your choice before acting upon any of the information contained in this video.

First off, let’s start off with the term Martial Law. What is Martial Law, and when can the governor declare Martial Law?

California Military and Veterans Code Section 143 is the statute that gives the Governor authority to proclaim Martial Law. This statute reads:

Whenever the Governor is satisfied that rebellion, insurrection, tumult or riot exists in any part of the state … the Governor may, by proclamation, declare … to be in a state of insurrection, and he or she may thereupon order into the service of the state any number and description of the active militia, or unorganized militia, as he or she deems necessary, to serve for a term and under the command of any officer as he or she directs.

As you can see, we are not currently in a state of rebellion, insurrection, tumult or riots and as such, the Governor of the State does not have the power to declare martial law. However, that being said, the Governor does have broad powers under the California Emergency Services Act. The California Emergency Services Act can be found starting in California Government Code section 8550.

There are three main types of emergencies that enable a governor to declare a state of emergency.

  1. State of War emergency.
  2. State of Emergency
  3. Local Emergency

I think we all agree that we do not currently have a state of war emergency since neither California or the United State are not under an attack or threat of attack by an enemy of the United States.

As such, that leads us to state of emergency or local emergency. A local emergency deals with disasters that are contained within the limits of a county. Since the Corona virus effects the entire state of California, we are currently dealing with the second option, a State of Emergency.

Under California Government code section 8558, a governor can call a state of emergency when there is an “existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, plant or animal infestation or disease, …earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency ….”

California Government Code section 8567 states that all orders under the California Emergency Services Act must be in writing and they take effect immediately. When the governor calls a state of emergency, he may suspend any state statute, rule or regulation. (Cal. Gov. § 8571). Please notice that the governor does not have the authority to suspend the California Constitution. As such, any rights contained in the Constitution are still in force. In fact, to make sure the government understands that there are limits to their authority, Cal. Gov. § 8571.5 expressly states that nothing in the California Emergency Services Act gives the government the right to seize or confiscate any firearm or ammunition unless an officer is arresting someone pursuant to an investigation for the commission of a crime.

When a governor calls a state of emergency, this gives him the authority to commandeer or utilize any private property or personnel deemed by him necessary in carrying out the responsibilities. However, the state is liable for the reasonable value of what it uses. (Gov. Code § 8572).

Gov. Newsom’s Executive Orders

Now that we have discussed the law, let’s now talk about what the Governor of California has actually done.

On March 4, 2020, Governor Newsom Declared a State of Emergency.

On March 11, 2020, Governor Newsom’s office published the fact that it was California Department of Public Health’s policy of preventing gatherings of groups larger than 250 people “should be postponed.” This was not an executive order by the governor, instead it was a California Department of Public Health policy. This policy does not cite a single law that gives the California Department of Public Health authority to shut down events of 250 people or require social distancing of more than 6 feet. While these may be good guidelines to follow, they are simply policies, they are not the law.

To emphasize that this was just a policy and not a law, on March 12, 2020, Newsom issues his next executive order (N-25-20). This executive order states that “All residents are to heed any orders and guidance of state and local public health officials, including but not limited to the imposition of social distancing measures, to control the spread of COVID-19.”

Notice the language of this order. “All residents are to heed any orders and guidance …”. If you look up the word heed in the dictionary, you will discover that it means “to give consideration attention to.” It does not say you must obey. Gavin Newsom in his executive order utilizing his powers granted him after declaring a state of emergency told the citizens of California that Californians should takes the advice given by the California Department of Public Health into consideration when making decisions.

Thus, contrary what you may have been led to believe, Gov. Newsom did not actually issue an executive order requiring Californians to practice social distancing, nor did he actually order gatherings of over 250 people to shut down. All he did was order people to pay attention to what these organizations were saying. These were merely recommendations.

Understand, a policy is different from a regulation. While I was able to find authority that allowed the California Department of Health Services to issue emergency regulations after they jumped through a few hoops, I have been unable to find where their policies would have the full force of law. Laws are passed by the legislature, or under the state of emergency, via executive order by the governor.

Before I move on to what the counties have done with their shelter in place laws, I want to quickly let you know that Gov. Newsom has issued five other executive orders in the last several days regarding the Corona virus.

Newsom has signed an executive order on March 13 ensuring funding for schools even if the schools are closed. He has issued an executive order on March 16th on how the state must focus on protecting the health and safety of the most vulnerable. And on March 16th, his executive order dealt with suspending the laws allowing landlords and banks from removing individuals who have not been able to pay their bills until May 31st. On the 17th he signed an executive order to ensure that key commodities can be delivered to California retailers. Finally, on the 18th he issued an executive order to protect ongoing safety net services for the most vulnerable Californians.

Shelter in Place Laws

So now let’s move to the issue of shelter in place laws being issued by the counties. I have not looked at every county’s shelter in place law, but I have looked at several and they are very similar.

California law allows counties to declare a health emergency when the local health officer determines that there is a threat of the introduction of any contagious, infectious, or communicable disease. (California Health and Safety Code § 101080). It appears that this power was not given to the California Department of Health Services but instead, this power was left in the hands of local Health Officers.

Cal. Health & Safety § 101040 permits local health officers to take any preventive measures that may be necessary to protect and preserve the public health from any state of emergency declared by the governor. After a local health emergency has been declared, “The sheriff of each county .. may enforce within the county … all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease.” (Cal. Health and Safety Code 101029). Cal. Health & Safety § 101030 specifically gives the county health officer the authority to order quarantines.

However, the question arises, does a county health officer have the authority to order a quarantine of healthy people, or just those who are sick? What laws are in place in the state of California regarding the stopping of disease through quarantine?

The statutes are very broad in their wording. Cal. Health & Safety § 120175 says that the health officers “shall take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases. Cal. Health & Safety § 120200 indicates that a health officer shall establish and maintain places of quarantine. But this still does not answer the question, can a health officer issue a quarantine of everyone in the county?

In 1921, Laura Culver petitioned the courts to be released from a quarantine. The Court’s held that the law permitted public health officials to quarantine individuals who have come in contact with cases and carriers of contagious diseases.

As one studies California law, it is clear that the law used to be very explicit that a quarantine was only applicable to those who had a contagious disease or those who had come in contact with someone who had a contagious disease.

While most of the laws regarding quarantine are very broad, Cal. Health & Safety § 120215 appears to have limiting language. This statute reads: Upon receiving information of the existence of contagious, infectious, or communicable disease for which the department may from time to time declare the need for strict isolation or quarantine, each health officer shall: (a) Ensure the adequate isolation of each case, and appropriate quarantine of the contacts and premises. (b) Follow the local rules and regulations, and all general and special rules, regulations, and orders of the department, in carrying out the quarantine or isolation.

Let’s look at this for a minute. I think we can all agree that the health officers have sufficient information that there is a communicable disease. However, where we disagree is that the Health Officers are ordering a county wide shelter in place law where the law only allows “adequate isolation of each case, and appropriate quarantine of the contacts.” This is where the local health official appears to have overstepped their authority. The counties are not looking at this on a case by case bases. Instead, they are issuing broad orders that affect both the healthy and the sick. They are not ordering a quarantine of those who have been in contact with someone who has the virus.

Cal. Health & Safety § 120225 also has some instructive language. This statute says that “A person subject to quarantine …”. The quarantine laws where designed to quarantine an individual or a location, not an entire community or organization.

Finally, Cal. Health & Safety § 120235 makes clear that the quarantine powers of the local health officer were never intended to be a community lock down. Cal. Health & Safety § 120235 clearly states that “no quarantine shall be raised until every exposed room, together with all personal property in the room, has been adequately treated, or, if necessary, destroyed, under the direction of the health officer, and until all persons having been under strict isolation are considered noninfectious.”

The quarantine laws are clearly intended to be applied to individuals not to the entire county. The quarantine laws are designed to stop those who might have been infected from passing the disease onto others. Absent the local health officers finding that an individual has the disease or is likely to have the disease, California law does not give them broad authority to quarantine the entire county.

As such, it appears counties such as San Francisco that have issued broad shelter in place laws may be violating California law.

If you feel like the state of emergency called by the governor or these shelter in place laws have adversely effected your business and/or violated your constitutional rights, I would encourage you to seek competent legal counsel to examine your individual case.

In conclusion, we are living in very interesting times. There are those who feel like government officials are in a contest to see who can be the most aggressive in upending the lives of its citizens over the Corona virus. The great debate of today seems to be, is the government doing too much or is the government not doing enough. Regardless of the answer to that question, there are going to be some serious financial ramifications as a result of this virus.

Regardless of whether the government has over reacted or under reacted, the threat of this virus will end. When it does, our generation will have the opportunity to show how we are able to bounce back, just like we did after the Great Depression or 9/11.

Source: California Globe

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The Truth Behind Coronavirus Pandemic: COVID-19 Lockdown & The Economic Crash | London Real

 

Johnny Liberty, Editor’s Notes: Why Destroy the Global Economic System During the Coronavirus Crisis (and replace it with another that better serves the Global Power Structure)?

  • Global Bankers will pull trillions of dollars of equity out of the economic system (stocks, real estate values, business values) to rollback the debt obligations of the international bankers (because of the nature of the debt-based monetary system)
  • Total Economic Shutdown will destroy millions of family businesses, small businesses and medium sized businesses leaving a larger share to the big, corporate players.
  • Total Economic Shutdown will drop millions of people in countries around the world to the very bottom of the economic ladder. This is economic suicide for We the People and a few thousand dollars of government subsidies will not restore even a fraction of the losses.
  • Don’t believe what you’re being told because somebody in a suit said so. Question authority and do your own independent research.
  • The Coronavirus crisis is not about public health or caring for the elderly.
  • The Global Power Structure doesn’t care one iota about the health and welfare of the elderly. Protecting the elderly is a convenient excuse to destroy the existing economic order and impose a New World Order run by an elite few at the top of the pyramid.
  • Who benefits? The Global Power Structure, or 1%, will be the one who will benefit.
  • What is the result? To impose a Global Technocracy run by experts, scientists, technocrats, politicians and artificial intelligence under their total control. Your every move will be watched and tracked. You will be plugged into “The Matrix”.
  • For this you can thank the Coronavirus panic and overreaction.

Source: London Real & YouTube