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NYTimes Editorial: Congress Should Secretly Suspend Second Amendment Rights
Dailycaller.com ^ | 6-14-2016 | Casey Harper

Posted on 06/14/2016 12:10:43 PM PDT by servo1969

A New York Times editorial advocates for a new law allowing a secret court to take away citizens' right to own a gun at the discretion of the federal government.

Citing the Orlando terror attack that left 50 dead including the shooter and 53 wounded at a gay nightclub, the piece advocates for a "no-buy" list similar to "no-fly" lists. Under the law, suspected terrorists would not be able to buy a gun. In an attempt to ensure the integrity of the lists and preserve due process, the author proposes people only be added to this no-buy list after a secret court rules they are ineligible, similar to the Foreign Intelligence Surveillance Act court hearings where the federal government obtains permission to wiretap. Under this proposal, an American who has never been convicted of a crime could be denied their right to buy a gun simply because a secret court decided it should be that way.

The piece is written by Adam Winkler, a U.C.L.A. School of Law professor. Winkler argues the secret court is a good idea because the same kind of court is already used for government surveillance, and historically, the U.S. has committed worse rights violations such as Japanese internment camps.

"If the attorney general believes a suspected terrorist should be added to the list, she should have to go to court first and offer up evidence," Winkler writes.

Here's how it would work: When the attorney general wanted to revoke someone's Second Amendment rights, he or she would bring evidence to a court which would then determine if there is probable cause. The court proceedings would be secret and have no clear path to appeal.

This court proceeding, of course, would be secret. Although that denies the person included on the no-buy list the opportunity to rebut the attorney general's evidence, we do the same thing every day with search warrants and wiretaps for criminal suspects. Our right to bear arms is no more fundamental than our right to privacy, and treating them similarly can help keep us safer from terrorists.

For maximum secrecy, Congress could assign these probable cause determinations to the jurisdiction of the existing Foreign Intelligence Surveillance Court. The judges on this court have a deep understanding of the nation's national security threats.

Winkler argued in a 2006 Huffington Post article that the NSA mass surveillance program was illegal because President George W. Bush abused and ignored the FISA court. The same court that was so easily abused by the administration for mass surveillance will apparently be entirely trustworthy when it comes to taking second amendment rights.

Near the end of the article, Winkler points out his plan to subject all of America to the secret court probably wouldn't stop a terrorist, anyway.

"With over 300 million guns in America and private gun sales allowed with no background check whatsoever, a determined terrorist will most likely still be able to obtain guns," he wrote. "Yet the easiest, most convenient way to buy guns -- from a gun store, with the best prices and selection, like the one where the Orlando attacker bought his guns -- wouldn't be available."


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: Florida; US: New York; War on Terror
KEYWORDS: 2ndamendment; adamwinkler; banglist; demagogicparty; guncontrol; memebuilding; newyork; newyorkcity; newyorkslimes; newyorktimes; partisanmediashill; partisanmediashills; secondamendment; ucla
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1 posted on 06/14/2016 12:10:43 PM PDT by servo1969
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To: servo1969

I guess they don’t want Obama IMPEACHED if he did it on his own!!


2 posted on 06/14/2016 12:11:40 PM PDT by Ann Archy (ABORTION....... The HUMAN Sacrifice to the god of Convenience.)
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To: servo1969

Only if we can suspend 1A rights and shut these a**holes up...


3 posted on 06/14/2016 12:11:50 PM PDT by ObozoMustGo2012 (q15.)
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To: servo1969

Maybe we should secretly suspend the 1st Amendment and shut down the NY Slimes. Seems fitting, dontcha think?


4 posted on 06/14/2016 12:12:44 PM PDT by sevlex
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To: servo1969

“Rivers of blood” — Enoch Powell


5 posted on 06/14/2016 12:12:54 PM PDT by ClearCase_guy (Nation States seem to be ending. The follow-on should not be Globalism, but Localism.)
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To: servo1969

I’m pretty sure drugs kill more people than guns. Why don’t we outlaw them?


6 posted on 06/14/2016 12:14:07 PM PDT by Gen.Blather (`)
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To: servo1969

Could we use the same process to revoke medical licenses from doctors performing abortions?


7 posted on 06/14/2016 12:14:39 PM PDT by Raycpa
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To: ClearCase_guy

Doesn’t anybody else see this rush to fascism?


8 posted on 06/14/2016 12:15:53 PM PDT by Former Proud Canadian (Gold and silver are real money, everything else is a derivative)
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To: servo1969

If the Slimes think 49 is a lot of dead people, just wait until the 2nd amendment is gone.


9 posted on 06/14/2016 12:16:12 PM PDT by RatRipper (The biggest threat to US national security is our government and those in it.)
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To: servo1969

Congres should openly suspend all immigration waivers.


10 posted on 06/14/2016 12:17:21 PM PDT by Gay State Conservative (Obamanomics:Trickle Up Poverty)
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To: servo1969

This is wrong on so many levels, I do not know where to begin!


11 posted on 06/14/2016 12:17:52 PM PDT by erkelly
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To: servo1969
Yet the easiest, most convenient way to buy guns -- from a gun store, with the best prices and selection, like the one where the Orlando attacker bought his guns -- wouldn't be available.

We know terrorists are interested in getting the best deal on their weapons.


12 posted on 06/14/2016 12:17:56 PM PDT by 867V309 (It's over. It's over now.)
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To: Gen.Blather

Medical misadventures is WAY up the list. i.e. docs responsible for patient deaths.(?)


13 posted on 06/14/2016 12:18:16 PM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: servo1969

NYT shows its true colors...
anti-American
anti-USA constitution
anti-American citizens’ liberties
try to reduce Americans to defenselessness and helplessness
pro-IslamoNazi invastion of USA
pro-IslamoNazi conquering of defenseless and helpless Americans
secret courts to steal more Americans’ liberties

sorry, NYT, you can create all the secret courts and secret police and secret black Marias to try to kidnap us to be taken to your Gulag slave and mass-murder concentation camps

BUT...just one thing...just how many American citizens do you imagine would ever comply with the orders of your secret court? one? two? ten maybe? probably not as many as 10, frankly. Everyone else will simply Say No.

so, you can take your filty anti-American propaganda rag and stuff it up where the sun don’t shine.

ha ha

Have a good day.


14 posted on 06/14/2016 12:20:54 PM PDT by faithhopecharity ("Politicians are not born. They're excreted." Marcus Tullius Cicero)
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To: servo1969
Molon Labe, bitches.
15 posted on 06/14/2016 12:21:59 PM PDT by NorthMountain (A plague o' both your houses.)
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To: servo1969

Today a patriot. Tomorrow an enemy of the State.

I havent changed.

You can change your mind, but you cant change me.


16 posted on 06/14/2016 12:23:58 PM PDT by Delta 21 (Patiently waiting for the jack booted kick at my door.)
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To: servo1969

Adam Winkler, a U.C.L.A. School of Law professor = A Constitutional “scholar” cut from the same cloth as that famous University of Chicago ConLaw lecturer B. H. Obama, Esq. You could not possibly draw a finer pair of dipsh!ts if you tried.


17 posted on 06/14/2016 12:24:10 PM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: Ann Archy

Why not freedom of the press first... without the second you have no way to back up the others.


18 posted on 06/14/2016 12:24:46 PM PDT by Walkingfeather
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To: Ann Archy

Why not freedom of the press first... without the second you have no way to back up the others.


19 posted on 06/14/2016 12:24:47 PM PDT by Walkingfeather
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To: servo1969
 photo Sigmund_Freud SMALL copy_zpsjeni3xlw.jpg

Oh, did we mention the BITTER LITTLE WEENIE in the White House?

Sorry, forgot the weenies at the NY Slimes!


20 posted on 06/14/2016 12:24:53 PM PDT by Dick Bachert (This entire "administration" has been a series of Reischstag Fires. We know how that turned out!)
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