Similarities between Trumpism & McCarthyism

April 25, 2016

edward r murrow

Edward R Murrow

Joseph McCarth

Sen. Joseph McCarthy


donald trump

Donald Trump


In the  1950s Sen. McCarthy’s Committee on Unamerican Activities goal was to expose and destroy communist activities in the U.S. [the RED SCARE]. Communism was feared in the way right wing Republican party members now fear “Islamic terrorism” and conflate it with the Islamic religion.

I ask how Trumpism is different from McCarthyism?

McCarthyism [the following four paragraphs are from Wikipedia’s post on McCarthyism] is the practice of making accusations of subversion or treason without proper regard for evidence. It also means “the practice of making unfair allegations or using unfair investigative techniques, especially in order to restrict dissent or political criticism.”[1] The term has its origins in the period in the United States known as the Second Red Scare, lasting roughly from 1950 to 1956 and characterized by heightenedpolitical repression against communists, as well as a campaign spreading fear of their influence on American institutions and of espionage bySoviet agents. Originally coined to criticize the anti-communist pursuits of Republican U.S. Senator Joseph McCarthy of Wisconsin, “McCarthyism” soon took on a broader meaning, describing the excesses of similar efforts. The term is also now used more generally to describe reckless, unsubstantiated accusations, as well as demagogic attacks on the character or patriotism of political adversaries.

During the McCarthy era, thousands of Americans were accused of being communists or communist sympathizers and became the subject of aggressive investigations and questioning before government or private-industry panels, committees and agencies. The primary targets of such suspicions were government employees, those in the entertainment industry, educators and union activists. Suspicions were often given credence despite inconclusive or questionable evidence, and the level of threat posed by a person’s real or supposed leftist associations or beliefs was often greatly exaggerated. Many people suffered loss of employment and/or destruction of their careers; some even suffered imprisonment. Most of these punishments came about through trial verdicts later overturned,[2] laws that were later declared unconstitutional,[3]dismissals for reasons later declared illegal[4] or actionable,[5] or extra-legal procedures that would come into general disrepute.

The most notable examples of McCarthyism include the speeches, investigations, and hearings of Senator McCarthy himself; the Hollywood blacklist, associated with hearings conducted by the House Un-American Activities Committee (HUAC); and the various anti-communist activities of the Federal Bureau of Investigation (FBI) under Director J. Edgar Hoover. McCarthyism was a widespread social and cultural phenomenon that affected all levels of society and was the source of a great deal of debate and conflict in the United States. [ Many in Hollywood went underground and were forced to use pseudonyms to get their plays staged and their movies filmed and produced – due to defamation of their character as the dreaded communist, perhaps for something as minor as being a member of a communist club in college]

There were also more subtle forces encouraging the rise of McCarthyism. It had long been a practice of more conservative politicians to refer to progressive reforms such as child labor laws and women’s suffrage as “Communist” or “Red plots.”[7] This tendency increased in the 1930s in reaction to the New Deal policies of President Franklin D. Roosevelt. Many conservatives equated the New Deal with socialism or Communism, and saw its policies as evidence that the government had been heavily influenced by Communist policy-makers in the Roosevelt administration.[8] In general, the vaguely defined danger of “Communist influence” was a more common theme in the rhetoric of anti-Communist politicians than was espionage or any other specific activity.

No doubt that McCarthy would have considered social security, Medicare, Medicaid, Obamacare, voting rights, and many other social programs as communists plots.

The great CBS reporter and commentator, Edward R. Murrowbroke the back of McCarthy’s era of terror and injustice with the following public statement that I believe applies today to Trumpism in his witch hunt against Muslims and immigrants as well as it applied to McCarthyism’s witch hunting communism, acknowledging the role of media in perpetrating this dark part of our collective history in America:

by Edward R. Murrow, modified by Linda Lorincz Shelton for today’s Trumpism – 

Earlier, the Senator [McCarthy] asked, “Upon what meat does this, our Caesar, feed?” Had he looked three lines earlier in Shakespeare’s Caesar, he would have found this line, which is not altogether inappropriate: “The fault, dear Brutus, is not in our stars, but in ourselves.”

No one familiar with the history of this country can deny that congressional committees are useful.

It is necessary to investigate before legislating, but the line between investigating and persecuting is a very fine one and the junior Senator from Wisconsin [Trump and the Benghazi Committee] ha[ve] stepped over it repeatedly.

His primary achievement has been in confusing the public mind, as between the internal and the external threats of Communism [terrorism].

We must not confuse dissent with disloyalty.

We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law.

We will not walk in fear, one of another.

We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men — not from men who feared to write, to speak, to associate and to defend causes that were, for the moment, unpopular.

This is no time for men who oppose Senator McCarthy’s  [Trump’s] methods to keep silent, or for those who approve.

We can deny our heritage and our history, but we cannot escape responsibility for the result.

There is no way for a citizen of a republic to abdicate his responsibilities.

As a nation we have come into our full inheritance at a tender age.

We proclaim ourselves, as indeed we are, the defenders of freedom, wherever it continues to exist in the world, but we cannot defend freedom abroad by deserting it at home. [We cannot desert religious freedom, the 1st Amendment by condemning all Muslims as terrorists no more than we can condemn Southern White Protestants as KKK lynchers and murderers.]

The actions [speeches] of the junior Senator from Wisconsin [Trump] have caused alarm and dismay amongst our allies abroad, and given considerable comfort to our enemies. [They’re even being used by Al Quida for recruitment videos –  to show how much the infidels hate Muslims.]

And whose fault is that? Not really his. [Trump] didn’t create this situation of fear; he merely exploited it — and rather successfully. Cassius was right. “The fault, dear Brutus, is not in our stars, but in ourselves.

Good night, and good luck.

[and don’t forget how the media (mainstream and social) have exploited fear and disseminated mis-information about Islam, Muslims, terrorism, and foreign relations.]
[extracts from – transcribed 7/20/06 by G. Handman from DVD, The McCarthy Years(Edward R. Murrow Collection)]

Cook County Court systems–is this a move toward “secret proceedings” and a police state? —

March 26, 2016

From: kenneth ditkowsky Sent: Feb 14, 2013 9:27 AM To: matt senator kirk Cc: Chicago Tribune , SUNTIMES , NASGA , probate sharks , Cook Sheriff , states attorney, probate blogs Subject: Fw: Court watchers In examining the e-mails that were recently sent to me, I noted this one and its attachments is most interesting. […]

via Cook County Court systems–is this a move toward “secret proceedings” and a police state? —

Family court corrupt system drives dad to suicide

December 30, 2015

A Father’s Suicide Note – MAY CHRISTOPHER RIP

Utterly defeated
by the family court system,
Christopher Mackney, 45,
committed suicide
Dec 29, 2013 in Washington DC.

The pain from the emotional abuse, psychological abuse, parental alienation and legal abuse has been unbearable. My children and I were abused and when spoke out and no one did anything. No one. Not the attorneys, doctors or Judges. They all recognized the patterns of behavior and the source of conflict and turned a blind eye and then blocked me from bringing in a third party or Guardian Ad Litem to identify the abuse. At any point throughout this case, if the Court had ruled in my favor on any of my motions, the outcome would have been different. At any point, if my ex-wife had shown ANY kind of act of good faith, the outcome would have been different. The facts are that not one of my motions was ever granted by the Court and my ex-wife never once acted in good faith.

Judge Randy Bellows did not like my explanation for the conflict and chose to ignore the evidence contradictory with its views. He did not want to admit that he had been so easily mislead. There is nothing I could do to end the abuse or change the view of the Court. As long as I was the problem, there was no reason to consider an alternate narrative.

I had no power or control in my marriage and I had even less when the divorce began. It was not an accident that I ended up with no visitation with my own children and no ability to monitor their emotional welfare. It was orchestrated by attorneys who were paid not to settle and insisted on litigating every single issue without discussion. It was all done to increase the stress and pressure. Nothing I said mattered. My rights as a parent did not matter. They had the power, control, money and the kids and they were not negotiating. Even after I gave my ex-wife full custody, just to appease her. She insisted on litigating visitation, asking the Judge for “no visitation” even though there was no abuse. She also asked for all the assets in the marriage. I got absolutely nothing and I had to pay her legal bills.
The decision was made to eliminate me from my children’s lives the day I discovered that my ex-wife had hidden her father’s murder conviction, on June 23, 2008. The very next day, her father hired two attorney’s who advertise that they are ‘not the type to settle, so have your wallet open’. Their job was to “get orders” as Jim Cottrell described it in Court and keep the legal and financial pressure up as high as possible.

Make no mistake, this case was never about money or the children. My ex-wife’s multiple requests that I leave town and give up my children is evidence of that. It was about a pathological need for control and domination. I saw behind the mask and the facade and I needed to be eliminated, just like Sam Degelia needed to be eliminated for discovering Pete Scamardo was trafficking heroin. The plan was to have attorneys negatively interpret anything I say or do and then litigate every issue. I needed to be portrayed as the source of conflict, so the legal and financial pressure could be applied. With no money, I could not afford an attorney to protect me. By denying access to the Children, they would use any reaction from me to distract from the real problem. My reactions to being abused, controlled, bullied and alienated were not the source of conflict. When I spoke out or asked the Court for help, I was ignored and silenced. The patterns of high conflict behavior exist throughout my ex-wife and her family’s past. I only pointed out how the pattern seemed to match the patterns also found in ‘high-conflict’ divorce.

Refusing to negotiate or resolve differences outside of Court and then paying attorneys over $1 Million in legal fees does not lead to peace. But, that was the point. I never wanted to speak out and cause any embarrassment to my children or my ex-wife. I swear I didn’t. I only wanted to be away and free from my ex-wife and be the best father I could be. I made countless offers to settle and asked what they wanted to keep us out of Court. I never received a response to any of my requests or proposals. Actually, I did get one proposal the night before our Division of assets hearing, that was completely in bad faith and unlivable. It was not a ‘good faith’ effort.

They finally told my attorney in 2011, that if I left town and gave up all efforts to see my children, that would end the conflict. I wanted so much to be free of the litigation and the madness that I did just as they requested. I left town and moved to Dallas, TX, thinking I would never see my children again, but at least the nightmare would be over. it broke my heart and my spirit, but at least I didn’t have to worry about going to jail (or so I thought). I got a job and started going to the gym, trying to get healthy again. The first month I was in Dallas working, my ex-wife tracked me down and had Child Support Enforcement come after me. Now that I was in Dallas, I would have no ability to go to Court to change the order. When I appealed to my ex-wife’s attorney, requesting that they voluntarily lower my child support, they refused to respond. I had no leverage, so I said that if they do not voluntarily agree to a reduction, I would have no other choice but to speak out about the abuses. They decided that I was trying to extort money from them, even though I left town, as requested, and took my emails to the Commonwealth’s attorney to have me arrested for attempted extortion.

The Commonwealth’s attorney had me arrested in Dallas and extradited back to Virginia, where I was put on trial for a felony. I begged the Commonwealth’s attorney and my ex-wife to plead guilty to a misdemeanor, as I did not wish to risk a felony conviction. They both refused. This was also confirmation that my ex-wife did not care about the money or the children. So, we went to trial and I was found not guilty. I did not ask for any money from her and the child support I owe is to my children, not my ex-wife. The Jury saw that my attempts to reduce my child support were not an effort to obtain money at all, and the law supported the verdict. It was a clear effort on the Commonwealth’s attorney to silence me for threatening to speak out about the fraud of Dr. Samenow, one of their star witnesses, and the Cover-up by Judge Randy Bellows. Why else wouldn’t they accept a plea to my first criminal charge, ever?
When I was released from Jail again, I asked my ex-wife’s attorney, again to voluntarily reduce my child support or to appoint a Guardian Ad Litem for the children. Even after they put me in jail and had me tried for a felony, they refused to show any good faith. I got no response from my ex-wife’s attorney. My child support was still far beyond my ability to pay and now I was without a job.

It was obvious to me a long time ago, that I would be ‘bullied until eternity’, as I wrote my attorney in 2008. For them to come after me again after leaving town, refuse to let me plead guilty to a lesser charge and to refuse to voluntarily reduce my child support, it was even more obvious that the only objective was to keep the legal, financial, and emotional pressure on me. I was being bullied to death.

I never wanted to speak out about any of this. All I wanted was a fair and reasonable child support, fair and reasonable visitation with my children and be free to move on with my life. The only reason I chose to write this blog and speak out about the abuse was because I thought it would give me some kind of leverage, as I had none. I made it clear to my ex-wife’s attorney that the Court was not allowing me to change the orders, I had no information about my children and my child support was far beyond my ability to pay. I was hoping for some act of good faith to let me know that they wanted to reduce the conflict. It never came, not in 5 years. I felt that my only recourse was to speak out about the abuse and injustice in order to get the legal and psychological help I needed to manage the conflict, so that we could both parent our children. I reached out to my ex-wife’s attorney again to ask for ANY other alternative. They offered none, so I started the blog. Even after I started the Blog, I reached out again to tell them I would take down the blog if a Guardian Ad Litem could be appointed. They never responded. Dina knew this would be the outcome and didn’t care. As long as I was gone.

In hindsight, I recognize that my reactions to being bullied, abused and denied access to my children gave my ex-wife’s attorney the ammunition they were looking for to bring me into Court, but nothing I said or done would have made a difference. I was powerless. I thought that at some point a third party would be involved that would recognize that my reactions were from the emotional abuse; being denied access to my children and bullied in Court. The Court refused at least 6 requests for third party intervention. All of the research said that a third party was the recommended course of action in these situations. A third party was the only way to truly understand the conflict. I was not the person being portrayed in Court. I had no control over anything. The Court would only listen to my ex-wife’s attorney granting all of their motions and agreeing to all their “over-reaching” remedies. When I read online about the patterns of behavior of high conflict divorce and how my ex-wife was the one blocking access to the children and negatively interpreting everything I did, I spoke out and tried to address the source of conflict. No one would tell me I was wrong, but no one would speak out about the abuse on my behalf, not the Doctors or attorneys.

Experts in psychology have called it abuse, but none would make such a ‘diagnosis’, which I could then take to Court to obtain relief. As long as the pattern of behavior was not called ‘abuse’, my reactions would not be viewed in its proper context, by the Court.
The way I looked at it was that if I remained silent, the abuse would continue. It did. When I finally decided to speak out, they didn’t care. They didn’t care about how it would affect Dr. Samenow, Judge Bellows, our children, themselves or anyone else. They were not going to take their foot off the back of my neck. They were fully invested in having me out of my children’s lives, permanently.

Bullying and parental alienation are all forms of emotional abuse. Psychopathy is an emotional dysfunction. People with psychopathy are identified by how they handle conflict. It is the disturbing lack of empathy, guilt shame, remorse that give them away. They are completely unaffected by the distress of others. As long as they get what they want, you may never see that side of them. If you are in a position of power or status, you will probably not see that side of them either. However, people that are close to them or are of little value to them, will eventually see the pattern. They will slowly begin to realize they are being controlled manipulated and ‘gas lighted’.

Without even realizing it, you learn to go along to get along. If you break from this, you will experience their wrath. I remember on Memorial Day 2008, when I went to pick up my children for lunch at their grandparents house, Pete Scamardo came outside to confront me. I looked at him and said “Pete, you are nothing but a bully.” He responded “That’s right, and I love it!’ He said this in front of Dina, he wife and my children. When I got in the car to take my children to lunch, my son asked me “Dad, what’s a bully?”

Pete Scamardo and Dina Mackney are the most ‘successful’ father/daughter psychopaths ever to fool the Court. Pete Scamardo has over 100 lawsuits in Fairfax County alone. The litigants in these cases can confirm the patterns. The enitre Scamardo family was accused of fraud by Maryland National Bank for $80 Million. Pete and Dina also circumvented the Thoroughbred Ownership licensing laws of Virginia, Maryland and West Virginia. One of her friends from college now refers to her the ‘c’ word after seeing the real Dina, after working with her. Most of you will not see that side of her, unless you run into conflict. While I am the one that took my own life, this was a murder conceived and financed by Pete Scamardo who hired Jim Cottrell and Kyle Bartol the day after I discovered he was a murderer, and then paid over $1 Million in legal fees to make it happen. People ‘targeted’ by psychopaths call it ‘murder by suicide’.

I was a good father to my children when I was in their lives. No one can dispute or deny that. Dr. Samenow even admitted under oath that I had a ‘palpable’ relationship with my kids. I know I was an extremely loving and positive influence on their lives and it kills me that I even feel like I have to defend my parenting. My children were the only source of joy and happiness in my marriage. For the Judge Bellows to deny parents and children a ‘palpable relationship’ and each other’s love is corruption. He did not want it to be known that Dr. Samenow committed fraud or that Judge Terrence Ney had a ‘close relationship’ with a convicted murderer or a parental alienator.

The love that my daughter and I shared was truly special. She is a such a sweet, kind and gentle spirit. I am so sorry that I will not be there to see her grow into a beautiful woman. It absolutely crushed me to not be in her life over the last three years. I worked very hard as a father to build her confidence and self-esteem. She is smart, funny and considerate, but she didn’t know it yet. I pray that she realizes her strengths and her confidence in herself will continue to grow. I love you dearly, Lily.

My son Jack was just entering Kindergarten, when I lost access to him. He is gregarious, outgoing and a great athlete. He is smart and fearless. He could have just as much fun by himself as he could with other kids. Even the older boys in our neighbourhood wanted to play with Jack. It absolutely breaks my heart that I will not be able to help him grow into a man. I love you to, Jack. I miss you both so much.

My identity was taken from me, as result of this process. When it began, I was a commercial real estate broker with CB Richard Ellis. I lived by the Golden rule and made a living by bringing parties together and finding the common ground. My reputation as a broker was built on my honesty and integrity. When it ended, I was broke, homeless, unemployed and had no visitation with my own children.

I had no confidence and was paralyzed with fear that I would be going to jail whenever my ex-wife wanted. Nothing I could say or do would stop it. This is what being to death or ‘targeted’ by a psychopath looks like. This is the outcome. I didn’t somehow change into a ‘high-conflict’ person or lose my ability to steer clear of the law. I’ve had never been arrested, depressed, homeless or suicidal before this process. The stress and pressure applied to me was deliberate and nothing I could do or say would get me any relief. Nothing I or my attorneys said to my ex-wife’s attorney or to the Court made any difference. Truth, facts, evidence or even the best interest of my children had no affect on the outcome.

The family court system is broken, but from my experience, it is not the laws, its the lawyers. They feed off of the conflict. They are not hired to reduce conflict or protect the best interest of children, which is why third parties need to be involved. It should be mandatory for children to have a guardian ad litem, with extensive training in abuse and aggression.

It is absolutely shameful that the Fairfax County Court did nothing to intervene or understand the ongoing conflict. Judge Randy Bellows also used the Children as punishment, by withholding access for failing to fax a receipt. The entire conflict centered around the denial of access to the children, it was inconceivable to me that he would use children like this. This is exactly what my ex-wife was doing and now Judge Bellows was doing it for her.

To all my family, friends and the people that supported me through this process, I am so sorry. I know my reactions and behavior throughout this process did not always make sense. None of this made sense to me either. I had no help and the only suggestion I got from my attorneys was to remain silent.

At first, I did what I was told, remained silent and listened to my attorneys. Then after I had given my ex-wife full custody to try and appease her, I learned about Psychopathy and emailed Dr. Samenow about my concerns and asked him for help. Of course, I was ignored. As the conflict continued, I was forced to defend myself. When that didn’t work, I thought I could get the help I needed by speaking out. There is no right or wrong way to defend yourself from abuse. Naively, I thought that abuse was abuse and it would be recognized and something would be done. I thought speaking out would end the abuse or at least get them to back off. It didn’t. When no one did anything they were emboldened.

I took my own life because I had come to the conclusion that there was nothing I could do or say to end the abuse. Every time I got up off my knees, I would get knocked back down. They were not going to let me be the father I wanted to be to my children. People may think I am a coward for giving up on my children, but I didn’t see how I was going to heal from this. I have no money for an attorney, therapy or medication. I have lost four jobs because of this process. I was going to be at their mercy for the rest of my life and they had shown me none.

Being alienated, legally abused, emotionally abused, isolated and financially ruined are all a recipe for suicide. I wish I were stronger to keep going, but the emotional pain and fear of going to court and jail [because of exorbitant child support] became overwhelming. I became paralyzed with fear. I couldn’t flee and I could not fight. I was never going to be allowed to heal or recover. I wish I were better at articulating the psychological and emotional trauma I experienced.

I could fill a book with all the lies and mysterious rulings of the Court. Never have I experienced this kind of pain. I asked for help, but good men did nothing and evil prevailed. All I wanted was a Guardian Ad Litem for my children. Any third party would have been easily been able to confirm or refute all of my allegations, which is why none was ever appointed to protect the children or reduce the conflict.

Abuse is about power and control. Stand up for the abused and speak out. If someone speaks out about abuse, believe them.

Please teach my children empathy and about emotional invalidation and ‘gas-lighting’ or they may end up like me.

God have mercy on my soul.

Chris Mackney

The 99% matter – a new dedication to government by all the people entwined in equality, ruled by justice, and radiating respect and tolerance

October 18, 2015

239 years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the propositions that ALL PEOPLES ARE CREATED EQUAL AND CAN CONTINUALLY MOVE FORWARD TOGETHER UNITED IN PEACE.

Now we are engaged in a great inequality, racial, religious, and cultural war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are committed in unity to remember those we have lost, who have suffered, and are still suffering, so far in this continuing war for equality, justice, respect, and tolerance . We today rededicate our fight to uphold our original cause for which this nation was founded – equality of all peoples and justice for all, as a remembrance for those who thus far gave their lives, have suffered, or are still suffering that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not remember them– we can not thank them — we can not re-dedicate ourselves to this cause. The brave men and women, living and dead, who have struggled for the cause, and are still struggling have enshrined this cause in the fabric of our nation, far above our poor power to add or detract. The world will little note, nor long remember what we say today, but it can never forget what they did and are doing for this great cause.

It is for us the living, rather, to be dedicated now to the unfinished work which they who fought before have thus far so nobly advanced. It is rather for us to be today dedicated to the great task remaining before us — that from these honored dead, wounded, and still suffering we take increased devotion to that cause for which they gave the last full measure of devotion, sacrificed so much, or are still sacrificing — that we today highly resolve that these dead, wounded, and suffering shall not have died, been wounded, or suffer in vain — that this nation, under God and in harmony with nature, shall have a new birth of freedom, equality, justice, respect, and tolerance– and that government of the people, by the people, for the people, entwined in a commitment to equality, justice, respect, and tolerance, working towards world-wide non-violence  and cooperation shall not perish from the earth.

Linda Lorincz Shelton
October 18, 2015

Martin Luther King Jr – The Power of Selflessness, Non-Violence, Unity, and Sacrifice

September 20, 2015

Source: Martin Luther King Jr – The Power of Selflessness, Non-Violence, Unity, and Sacrifice

Why Rowan County Clerk Davis must be arrested again

September 19, 2015

By making a statute requiring all citizens to marry to have a marriage certificate issued by a county clerk, this in itself has given the citizens “due process” rights under the U.S. Constitution’s 5th Amendment as applied to the states by the 14th Amendment.

Therefore, by refusing to issue marriage licenses to straight & gay persons, Davis has violated her oath of office to uphold Kentucky law or violated due process. That is a crime called official misconduct in Kentucky for which she should be arrested.

In addition, as the couples complained to the federal court that their due process was violated & the judge ordered Davis to stop violating due process & she refused, he rightly held her in contempt. She was released because her assistant clerks legally issued the licenses in her absence, as the Kentucky law allows.

Now that she has altered the documents that Kentucky law says she must use, as they by law are issued by another state agency, she has actively interfered with the federal judge’s order not to interfere.

402.100 Marriage license — Marriage certificate. “Each county clerk shall use the form prescribed by the Department for Libraries and Archives when issuing a marriage license”

Kentucky Rowan County Clerk’s Deputies issued licenses valid according to Kentucky law

September 14, 2015

Arguments about whether or not marriage licenses issued by Rowan County Clerk Kim Davis’s assistant clerks are valid are nonsense as Kentucky statute specifically states that;

“Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy”

There is no requirement that the deputy has to have the permission of the clerk to perform their duties.

Kentucky Statute – 61.035 Deputy may act for ministerial officer. Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.

However, there is a state law that makes it a crime for an official to refuse to perform their statutory duty.

Kentucky Statutes 522.020 and 522.030 deal with official misconduct in the first and second degree, respectively. “A public servant is guilty of official misconduct in the first degree when, with intent to . . . deprive another person of a benefit, knowingly . . . refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office,” .

Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.

Kentucky Statute makes it the county clerk’s duty to issue marriage licenses.

Kentucky Statute 402.080 Marriage license required . No marriage shall be solemnized without a license therefore. The license shall be issued by the clerk of the county [emphasis added]

Therefore, the County Sheriff and Attorney would be within their authority and duty to arrest and charge Kim Davis for failure to perform her sworn duty to uphold the law and issue marriage licenses, either for straight or gay couples. She after all, has committed this crime.

Kentucky county clerk-gay marriage license conflict presents many complex issues for court and state

September 3, 2015

UPDATE: 9/13/15 Davis was let out of jail after five days by the federal Judge Dunning after her clerks issued marriage licenses to straight and gay couples without her name on them, only in the name of Rowan County & conditioned it on her not interfering with her assistant clerks and the assistant clerks giving him a status report every two weeks. She will return to work on 9/14/15 & will be jailed if she interferes with her assistant clerks. She was not asked and did not promise not to interfere.

UPDATE: 9/4/15 Attorneys for Rowan County clerk Kim Davis filed a petition to the Kentucky Supreme Court for an emergency order protecting her from being fired until her lawsuit against Gov. Steve Beshear is resolved Rowan County Attorney formally requested that the state government charge Davis with misconduct, the first step in ousting her from her post.

KRS 522.020 and KRS 522.030 deal with official misconduct in the first and second degree, respectively. “A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, knowingly commits an act relating to his office which constitutes an unauthorized exercise of his official functions or refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office,” according to KRS 522.020.

Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500.

Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.

UPDATE: 9/4/15 David’s husband quoted her from jail stating

“It’s a matter of telling [Federal Judge] Bunning he ain’t the boss”

and “God’s moral law conflicts with my job duties.”

When asked if she would resign, her husband stated: “God no!” This is a clear statement that she will NOT follow the law in the U.S. and will continue even to defy a court order.  The judge needs therefore to punish her appropriately with the maximum punishment for contempt of court and her continued disrespectful attitude toward the judge and court – jail until she is removed from office or states she will comply with the law. The assistant clerks, except for Davis’ son, who states he is Catholic.


9/2/15 – Kim Davis, a Kentucky  Rowan County Clerk and Apostolic Christian, is refusing to do her job and issue marriage licenses regardless of sexual preference. She states that because she wants to avoid discrimination charges, she has refused since June to issue any marriage licenses. Now as she violated a federal court order to do her job and issue the marriage licenses as well as refused to not interfere with the assistant clerks issuing the licenses, the federal judge had no choice but to put her in jail.

She could get out of jail by resigning or by agreeing to allow an assistant clerk to issue the licenses, but she refuses because the form has ner name on it.  Other states such as Hawaii have on line forms. The legislature or Chief Executive of the county could allow the assistant clerk or chief executive to put their name on the form. The state could write an “opt-out” law that states that if she feels her religious faith is compromised in her job, that another person can be assigned to do it such as the assistant clerk or chief executive.

Presently the marriage licenses issued by the assistant clerks should be valid as they are authorized by the county chief executive who is allowed to act in her stead while she is unavailable.  He should then issue a memorandum to her documenting that he has acted for her records, making the issuance of the licenses legal.

Under Kentucky law, a county clerk’s job includes issuing marriage licenses. Now, regardless of sexual preference, gay couples may obtain marriage licenses in Kentucky, as the U.S. Supreme Court declared that laws barring gay marriage are unconstitutional, including a Kentucky law barring gay marriage. Therefore, under Kentucky law both gay and straight couples are qualified to apply for a marriage license, if they meet other qualifications as to age, residence, etc. So, Davis is refusing to do the job as court clerk, for which she is paid $80,000 per year.

As a public official, Davis is supposed to abide by the law and perform her public duties, which are issuing marriage licenses to qualified couples. She took an oath of office to abide by and enforce Kentucky and U.S. law.

A judge cannot refuse to follow the law to impose a death penalty when the law of the state requires it, even if he religiously opposes it. The governor of a state who is anti-gay cannot deny government benefits to a gay person. A police officer cannot refuse to protect a gay person being beaten up by an anti-gay person, or help a person flying the confederate flag at a rally who is ill and about to faint. Either do your job or resign. What is she thinking? She is not above the law!

Davis is claiming that she should get the same accommodations as the Governor has afforded Kentucky Attorney General Conway. Kentucky Attorney General Jack Conway cited his own moral beliefs last year when he refused to defend the state’s gay-marriage ban in the federal appeals courts, without being criticized by Beshear. As an accommodation for his religious beliefs, Beshear hired private attorneys to replace Conway. No official has issued an order allowing Davis to be substituted by another person due to her religious objections to performing her job.

The issues in this case are actually complex and have legal subtleties that are hard for some lay persons to understand:

  1.  Davis can claim discrimination against Gov. Beshear for failing to have a procedure whereby employees will be substituted in their jobs when they have a religious objection to performing their job. She has filed this issue as a federal suit against Gov. Beshear which is pending.[i] She claims discrimination and violation of Kentucky’s religious-freedom law for failing to have a similar procedure to substitute someone else to do her job concerning issuing gay marriage licenses.

However, the Attorney General’s job to appeal or prosecute is legally discretionary so that there is no consequence to him if he refuses to do this job. Davis’ job duties are mandatory and not discretionary, so legally she is committing official misconduct for refusing  to perform the duties of her job.

  2.  Citizens who have been refused marriage licenses, gay and straight, can claim Davis is refusing to do her job, thus violating their due process rights to marry, and obtain a court order (injunction) forcing her to do her job. The federal district court has issued a temporary injunction ordering Davis to issue marriage licenses to gay and straight couples – i.e. perform her job.

Four couples, two gay, two straight, have been refused marriage licenses and have sued Davis and Rowan Count Kentucky in federal court for failure to do her job, violating their civil rights, which through the Fourteenth Amendment include the Fifth Amendment right to due process (read lawsuit here The right to marry became a matter of due process when a Kentucky State Statute was codified regarding procedures to obtain a marriage license and barring marriage without a license.


Kentucky Statute:

402.080 Marriage license required — Who may issue.

No marriage shall be solemnized without a license therefor. The license shall be issued by the clerk of the county in which the female resides at the time, unless the female is eighteen (18) years of age or over or a widow, and the license is issued on her application in person or by writing signed by her, in which case it may be issued by any county clerk.


Therefore, citizens have been granted a codified procedure, or due process, by the State of Kentucky, in regards to marriage. This fact allows these couples to go to federal court and seek relief, or an injunction ordering the countyclerk, Davis, to do her job.

   3.  Purposeful failure to do your job as a public servant is the Class A misdemeanor crime of official misconduct under Kentucky law. No one has made a criminal complaint against Davis as of this date, so she has not been arrested under state law.

4.  Davis is paid by all tax-payers of the county as an elected official to do her job, as a representative of the state. God does not control the law. The fact that she refuses to issue marriage licenses to anyone and also that she was just jailed for defying a federal court order to do her job proves misconduct.The Rowan County Chief Executive officer has the option to, as he Gov. Beshear did with the Kentucky Attorney General before, appoint a substitute to perform this duty and decide to request Kentucky House of Representatives to impeach and to remove Davis for misconduct.

The Kentucky House of Representatives should move expeditiously to remove Davis from office. A new Clerk must be appointed, or the Rowan County Chief Executive could decide to allow the assistant clerks to substitute for the elected clerk in cases where there is a religious objection to performing a statutory prescribed job. She should also be impeached and lose her salary and benefits, for collecting a salary but not doing your job cheats the tax-payers of the state.

   5.  The Kentucky House of Representatives could also impeach Davis for refusing to do her job because this is the crime official misconduct. In addition, this might mean that she not only loses her job and $80,000 salary, but also her benefits and retirement.

Gov. Beshear has stated that he refuses to call the legislature back into session. They return to session in January 2016. So this route of removing her from office would take a while.

    6.  Kim Davis has all sorts of religious liberty rights secured under the First Amendment. But they are not relevant in this case in regards to doing her job. Accommodating her religious beliefs could be made into a new state law, which allows for higher officials substituting another person to do an official act, when a public servant feels the act conflicts with their religious beliefs. However, under federal law, this is not a civil right when the state interests out way religious interests, unless the state makes it a due process right by codifying the right to have someone else appointed, on a limited basis, to do her job in the case of religious conflict into law.

All she is asked to do with couples that come before her is certify that they have met the state requirements for marriage. So her religious opposition to same-sex marriage is absolutely irrelevant in this context. What she is really doing is rendering her private religious beliefs public policy. So the same-sex couples in Kentucky are being asked to pay the price of her religious observance.

This affects other people not Davis. This is not a matter of religious freedom, under federal law; it is a matter of doing your job.

This is not the same as forcing Davis to fail to practice her religion by working on Christmas Day, which would violate her First Amendment rights to freedom of religion, but not affect others.

As Kentucky has no law against religious discrimination, if she had a private job or business, she would be allowed to discriminate. However, she is a public servant as a court clerk and cannot as a representative of the State discriminate against another person in providing services to them. If she has a religious objection to doing so, her only option is to resign, unless a higher official appoints someone specifically to substitute for her in performing this specific job when it conflicts with her religious belief.

These couples asked for a preliminary injunction from the federal court to force her to resign or issue the licenses. This was granted but stayed until the U.S. Supreme Court refused to hear the case by the Clerk to overturn the federal district court order, by Judge Bunning, for Davis to comply with the law.

The Kentucky Religious Freedom Act does not protect her. It is true that the state cannot unduly burden her religious beliefs. But it is also true that the state can subordinate your personal beliefs if there is a compelling state interest and the state is using the least restrictive means to carry out its objective. The state simply requires her signature on a form certifying that the couple meets the legal requirements to marry as set out by the state, which is not a profession of personal acceptance of gay marriage. This is not compromising her religious beliefs.

The only thing the county clerk does in regard to marriage is certify that they meet the qualifications under Kentucky law to obtain a marriage license and to issue the marriage license, as well as file the license once it is solemized by the appropriate minister or persons. Freedom of religion does not allow an official to disregard the law, who has sworn to uphold the law.

   7.  Davis has now defied a federal district court order, which is an act of contempt of court, to issue the licenses, [as well as now openly and contemptuously stated that she is above the law] so she was jailed for contempt of court by Federal District Court Judge Bunning. The assistant clerks have been told to promise to issue licenses and all but her son agreed to issue the licenses. They would also have been jailed for contempt if they refused to do their jobs. However, for unknown reasons, Judge Bunning did not jail Davis’ son, an assistant clerk, when he alone among the six assistant clerks stated that he also would refuse to issue gay persons marriage licenses. The federal court told them they do not need the Clerk’s approval to do their job.

The judge is also appropriately forcing the assistant clerks to do either their jobs and issue licenses or also go to jail for contempt. They do not deserve their salaries if they do not. The County Executive should fire any assistant clerk who fails to do his/her job. The County President should appoint a temporary clerk while Davis is jailed, as she is absent and unvailable to do her job. The County Executive is authorized to issue marriage licenses in her absence.


402.240 County judge/executive to issue license in absence of clerk.

In the absence of the county clerk, or during a vacancy in the office, the county judge/executive may issue the license and, in so doing, he shall perform the duties and incur all the responsibilities of the clerk. The county judge/executive shall return a memorandum thereof to the clerk, and the memorandum shall be recorded as if the license had been issued by the clerk.


There must be some law as to replacing an official who is temporarily incapacitated and unable to do their job.

Davis refused to agree not to interfere with the assistant clerks issuing marriage licenses, so Dunning, as a result ordered Davis jailed for contempt until she either resigns or agrees to do her job or not interfere with the assistant clerks doing their job and issuing licenses.

Fundamentally, this is the bottom line:

The issue is not about religious freedom; it is about a government official who has violated her oath of office to uphold the law and issue marriage licenses, which is her mandatory statutory duty. Outside of her job she can choose to personally discriminate against gays, but she must either resign or do her job. She has committed a crime under state laws in failing to uphold her oath of office and do her job. As such, she should be arrested and impeached and forfeit her job and its benefits.

The state could mitigate the consequences by passing a law allowing for automatic substitution for limited specific reason of conflict with religious belief when an employee of the State preforms a job, but they have not done so and Gov. Beshear has not chosen to call the legislature back into session or request that they act on this issue.

Freedom of religion does not mean that you can refuse to do your government job based on religious belief. If Davis is so rigid to believe that religion dictates the law of this land, despite the First Amendment, then she should resign. If she refuses to resign, then she should be impeached and forfeit her job and retirement for violating her oath of office to uphold the laws.

[i] Davis filed a federal lawsuit, in U.S. District Court, where she blamed Gov. Beshear for instructing the state’s 120 county clerks to comply with the U.S. Supreme Court decision in June striking down Kentucky’s same-sex marriage ban and legalizing gay marriage nationwide. Her suit claims that Beshear should have let Davis and other clerks opt out if they felt morally uncomfortable providing licenses to same-sex couples. A stay concerning her right to op-out due to religious preference in performing her job was lifted and her appeal of denial of this suit is pending.

Davis seeks protection under the state’s religious-freedom law, which is an issue under the Fifth Amendment as applied to the states by the Fourteenth Amendment of due process for her. It was passed by the Kentucky General Assembly in 2013 over Beshear’s veto. The law protects “sincerely held religious beliefs” from infringement unless there is “a compelling governmental interest.” Because her oath of office included the phrase “so help me God,” Davis said, she believed she never would have to “act in contradiction to the moral law of God.”

Trump – no threat as a third-party candidate, a joke, but so entertaining!

August 8, 2015

Trump is not a statesman. He is a comic, a clown, a narcissist, a bully, crude, a user of others for his own gain – which makes him a great member of the 1%, and is unelectable. He is all bluster and no substance. He says he will build a wall with Mexico and make Mexico pay for it. Really!  Give us the details Donald!  How are you going to pay for it in detail. So what if you built buildings and get investors to pay for them. Buildings are investments where investors can make a profit. A wall is not an investment. Who would lend him the $21 billion to build it? Name one major issue where he has given a detailed plan of exactly how he will raise the money, who he will deal with, how he will raise concensus, etc.  You won’t be able to. Look at his web site – no details!  Look at his supporters – the KKK and other white supremacists. Like Jindal says he hasn’t read the Bible, because he’s not in it.

Foreign policy – give me a break – he can’t even name the leaders of the factions in charge of the major terrorist groups in the Middle East! Seriously! He may be able to get investors together if it amounts to making money, but government’s purpose is not to make money. Yes it must raise taxes, help the private sector have the environment to raise money, but it does not raise money.  He might be a good adviser to a private set of advisers hired to invest the money from the Social Security trust fund so that it grows like Canada’s system which is growing and in no danger of running out of money, but investing and diplomacy are apples and oranges.  Negotiating an investment is a far cry from preventing a war.

He tries to make everything black and white, which is fine for an oligarch who runs a business and fires people. It is totally inappropriate and counterproductive if you are the leader of a free nation, where the Constitution says “we the people”, as there would only be Trump, not people if he becomes an elected official. Anyone who votes for him is a fool.

If he makes a third party – so what! Despite the media who says a third party will make the GOP lose automatically – I do not think so. He will crash and burn as he has no substance in terms of details that make sense concerning foreign policy, domestic policy, jobs, the 99% including increasing the middle class, etc. I would love to see him as a debater between Clinton and either Rubio or Kasich or Bush. The other two will crush him in a real debate. You simply can’t make so many gaffs and claims you cannot support, as well as insult and denigrate so many groups of people, and then be taken seriously enough to act as a true elected leader.

The best thing for the GOP would be if the they as a party and the networks exclude him from debates due to inappropriate language and behavior and if the press starts to ignore him, which probably won’t happen. He feeds on publicity.

Sandra Bland case – Too many inconsistencies & unanswered questions!

July 31, 2015

There are too many questions still to be answered – this is a very disturbingly confused situation, suggesting a need for an in depth and thorough investigation

As a retired research pathologist and physician the Sandra Bland case is very disturbing to me.

Sandra Bland was arrested after an officer stopped her for not using a signal to change lanes and then, although legally but questionably as he had no reasonable basis to do so, told her to stop smoking and then  got mad at her and made her get out of the car because she seemed to object to this request.

When she got out of the car and was verbally objecting to the officer’s requests, the officer then slammed her to the ground causing her to smash her head down.  Then she complained she couldn’t hear, which indicates she suffered a concussion.

She told the officers she had epilepsy and was on a medication, Kepra.

The jail then claims she committed suicide by hanging three days later with a plastic bag.

Yes it is possible to hang yourself by leaning in after securing your hands so you cannot get the bag or rope away from suffocating you even without any drop. Many prisoners have killed themselves in this manner called “leaning in hanging”.

If the jail denied her  the epilepsy medication, it is possible that she died from a seizure as the medication wore out of her system and then made her prone to a seizure. The stress of the situation and lack of medication could have contributed to having a seizure. Then they could have staged the hanging.  If this was true, then there would be no bleeding after death around the ligature (plastic bag) which was around her neck and no petechiae (pin point hemmorhages).  Petechiae however, are not always present with hanging or suffocation.

If she was strangled and then the hanging staged, the autopsy report, if it was done properly, should show that the ligature furrowing was concentric and not consistent with hanging.  A hanging will have non-concentric furrowing as the ligature has more pressure on one side due to gravity.

There was also plant matter in her abrasions on her back, consistent with the day she was arrested, having been thrown to the ground and dragged.  It is negligence for the jail not to have cleaned and treated her abrasions or allowed her to shower properly for three days to clean the wounds.

If the blood tests show she did not have her medication, then that also would be negligence, as lack of medication needed for epilepsy could have precipitated a seizure.

The reports say she told the officers she was suicidal, but the jail did not have her on a suicide watch. That would also be negligence. Suicide in jails often occurs during the first few days in jail as that is when the detainee is most upset about the situation. Ms. Bland certainly had reason to be upset as the circumstances of the arrest and slamming her to the ground seem excessive.

In addition, she had an unusually high amount of marijuana in her blood.  Therefore, she was given a large amount of marijuana in the jail which she either ingested or smoked. That needs investigation. I am not an expert on effects of marijuana so I cannot comment on whether this can increase suicidal ideation or depression or if it can trigger seizures.

The autopsy does not prove she hung herself.  There are too many questions still to be answered.

A senior well-known forensic pathologist, Dr. Cyril Wecht , who is also an attorney agrees with the above assessment during an interview on the radio here.

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