BLUF
Post-Bruen, just as what happened after Heller, many federal courts are trying to stymie the obvious results of the Supreme Court’s Second Amendment decisions. A continued effort by Second Amendment advocates will be required to ensure proper enforcement of these landmark rulings.

Seventh Circuit Strains to Uphold Illinois’ Gun and Magazine Ban

At this point, gun owners and other productive Americans don’t anticipate much good news out of Chicago. On November 3, the U.S. Court of Appeals for the Seventh Circuit lived up to those expectations when it upheld Illinois’ ban on commonly-owned semi-automatic firearms in Herrera v. Raoul.

In early 2023, Illinois enacted the ill-titled Protect Illinois Communities Act. That legislation, among its numerous anti-gun provisions, prohibits commonly-owned semi-automatic firearms such as the AR-15 and ammunition magazines with a capacity greater than 10 rounds. Current owners of prohibited guns are only permitted to retain their property if they register their firearms with the government. The plaintiffs in the present case challenged Illinois’ statute on Second Amendment grounds.

This may have seemed like an open-and-shut case to some who follow Second Amendment jurisprudence.

In 2008, the U.S. Supreme Court ruled that the Second Amendment protects ownership of arms “in common use” for lawful purposes. In case there was any confusion about what “arms” that might entail, Heller decision author Justice Antonin Scalia cleared that up in 2015 when he signed onto a dissent from the denial of certiorari in Friedman v. Highland Park. In the dissent, Justice Clarence Thomas explained,

Roughly five million Americans own AR-style semiautomatic rifles. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.

Commonly-owned semi-automatic firearms have only become more common since Heller and the Highland Park case. In 2022, the National Shooting Sports Foundation (the firearm industry trade association) estimated that since 1990 more than 24 million modern sporting rifles (their term for commonly-owned semi-automatic rifles) have entered circulation in the U.S. A 2023 Washington Post poll found that “6 percent of Americans own an AR-15, about 1 in 20.” Given compelling research finding that polling systematically undercounts the number of gun owners in the U.S., that number may be far higher.

The standard capacity firearm magazines Illinois prohibits are not just common, but ubiquitous. Many of the most popular handguns and rifles in America are designed to use magazines with a capacity greater than 10 rounds. Americans own hundreds of millions of firearm magazines with a capacity greater than ten rounds.

If Heller weren’t enough, in 2022 the U.S. Supreme Court decided New York State Rifle & Pistol Association v. Bruen. Justice Clarence Thomas’s opinion made clear that in order for a firearm regulation to pass constitutional muster it must fit within the text, history, and tradition of the Second Amendment right. As the dissent in the present case noted, “’in common use’ is a sufficient condition for finding arms protected under the history and tradition test in Bruen.” However, for a firearm restriction to be permissible it must meet that further burden.

Specifically, the Bruen opinion explained,

[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”

Given that the concept of an “assault weapons” ban targeting semi-automatic long guns came about in the 1980s only after gun control advocates failed to ban their preferred target (handguns), such prohibitions have no place in the American tradition.

To uphold the Illinois ban, the Seventh Circuit set about contending that the AR-15 falls outside the definition of “bearable arms” discussed and protected in Heller. According to the Judge Diane Wood,

the definition of “bearable Arms” extends only to weapons in common use for a lawful purpose. That lawful purpose, as we have said several times, is at its core the right to individual self-defense.

Wood contended that firearms that are prominent in military purposes fall outside this definition and are therefore not arms covered by the Second Amendment. Wood then claimed that the AR-15, despite its solely semi-automatic function, resembles the fully-automatic military M16 sufficiently for it to also fall outside the Second Amendment’s protection.

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Photographers Without Borders: AP & Reuters Pictures of Hamas Atrocities Raise Ethical Questions

On October 7, Hamas terrorists were not the only ones who documented the war crimes they had committed during their deadly rampage across southern Israel. Some of their atrocities were captured by Gaza-based photojournalists working for the Associated Press and Reuters news agencies whose early morning presence at the breached border area raises serious ethical questions.

What were they doing there so early on what would ordinarily have been a quiet Saturday morning? Was it coordinated with Hamas? Did the respectable wire services, which published their photos, approve of their presence inside enemy territory, together with the terrorist infiltrators? Did the photojournalists who freelance for other media, like CNN and The New York Times, notify these outlets? Judging from the pictures of lynching, kidnapping and storming of an Israeli kibbutz, it seems like the border has been breached not only physically, but also journalistically.

AP: Photojournalists or Infiltrators?

Four names appear on AP’s photo credits from the Israel-Gaza border area on October 7: Hassan Eslaiah, Yousef Masoud, Ali Mahmud, and Hatem Ali.

Eslaiah, a freelancer who also works for CNN, crossed into Israel, took photos of a burning Israeli tank, and then captured infiltrators entering Kibbutz Kfar Azza.

HonestReporting has obtained screenshots of Eslaiah’s now-removed tweets on X in which he documented himself standing in front of the Israeli tank. He did not wear a press vest or a helmet, and the Arabic caption of his tweet read: “Live from inside the Gaza Strip settlements.”

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A Second American Civil War Has Begun

Partisan politics in Washington, D.C. are hindering the government’s ability to function effectively.

The investigations into former President Donald Trump and President Joe Biden are causing serious division and tearing the country apart.

A Reuters/Ipsos opinion poll found that roughly half of Americans believe the investigations into Donald Trump are politically motivated.

Republican lawmakers argue that these investigations are necessary to root out corruption, while Democrats make similar claims about Trump.

Rep. Virginia Foxx, (R-N.C) said, “The sequence of events that led to the firing of Viktor Shokin, and the subsequent comments by then-Vice President Biden, raise serious concerns as to what machinations were really at play — and were purposefully concealed from the American people. No matter how you slice Hunter Biden’s involvement, it screams public corruption at the highest levels and must be fully investigated.”

Rep. Clay Higgins (R-Louisiana) added, “The calm, judicious, steady reveal of incredibly condemning evidence that clearly incriminates the Biden crime family will eventually alarm even the most ardent supporters of this WH occupier.”

‘Our president is compromised, he should resign and be forever condemned, and the Democrat Party should begin rebuilding itself.”

“Everything we are uncovering points to Hunter Biden using his name and his father’s position to get rich,” said Rep. William Timmons (R-S.C.).

“It’s bribery — and it is both wrong and illegal. House Democrats, the legacy media, and even top brass at the FBI and DOJ failed to do their job and investigate all the literal and figurative smoke that clouds Hunter Biden. House Republicans will do our job and uncover the truth.”

Beginning on January 20, 2011, then-Vice President Joe Biden wrote a personal letter to Archer to thank him for the business opportunity. The smoking-gun evidence has been analyzed and authenticated.

“What was he thanking you for?” political commentator Tucker Carlson asked.

“It was kind of the beginning of our partnership, and he was thanking me and thanking Hunter,” Archer said. “I think, at the end of the day for bringing this idea of this government regulatory strategic advisory business into the private equity world. And I think he was excited about the prospects for Hunter, and he was just thanking me. I think it was a nice gesture.”

Archer testified at the House Oversight Committee and confirmed that Hunter put his father, then-Vice President Joe Biden, on speakerphone while meeting with business partners at least 20 times. “Archer described how Joe Biden was put on the phone to sell ‘the brand,’” Archer explained in his testimony.

Archer’s testimony is corroborated by Hunter Biden’s texts and emails. In 2019, a text message from Hunter to his daughter revealed that his father, Joe Biden, takes half of Hunter’s business salary stemming from their work together. This illegally and unethically exploited Biden’s power and position while working as vice president in the Obama administration.

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govt.exe is corrupt

The people who tell us we need to cut down on emissions
-fly around in planes.

The people who tell us we are in a climate change emergency
-live in oceanfront properties.

The people who tell us to eat bugs
-eat steak.

The people who told us to stay home, stay safe and get vaccinated
-travelled the world and partied.

The people who told us we are all in this together
-shut down our businesses, increased our taxes and gave themselves pay raises.

The people who tell us we don’t need guns
-have private armed security.

The people who try to censor us, saying we’re spreading misinformation
-spread malinformation.

The people who tell us we’ll own nothing and be happy
-control more than half the worlds assets.

Amid Damning Wire Transfer Revelations, Let’s Review What the Bidens Said About Chinese Money

By now you’re likely aware that Hunter Biden listed his father’s Delaware home as the ‘beneficiary address’ in the process of receiving two wire transfers, totally more than $250,000, from Beijing in 2019.   Fox News Digital published the scoop on Wednesday, writing that “the first wire sent to Hunter Biden, dated July 26, 2019, was for $10,000 from an individual named Ms. Wang Xin. There is a Ms. Wang Xin listed on the website for BHR Partners. It is unclear if the wire came from that Wang Xin. The second wire transfer sent to Hunter Biden, dated August 2, 2019, was for $250,000 from Li Xiang Sheng—also known as Jonathan Li, the CEO of BHR Partners—and Ms. Tan Ling. The committee is trying to identify Ling’s role.”  We’ll return to the role of Mr. Li below.  There’s also this significant detail: “The beneficiary for the wires is listed as Robert Hunter Biden, with the address “1209 Barley Mill Rd.” In Wilmington, Delaware. That address is the main residence for Joe Biden.”

Would this be even more ‘no evidence‘ of Joe Biden being intertwined with his son’s various overseas business dealings?  The White House, having abandoned previous talking points Biden had dishonestly advanced about his knowledge and involvement in this family enrichment scheme, recently shifted to claiming that the elder and younger Bidens were not “in business” together.  I’ve argued that quite a lot of evidence suggests otherwise.  Much has been made about Joe Biden’s false, categorical denials on this front (eg “I have never discussed with my son, or brother, or anyone else, anything having to do with their business, period”) which have blown up in his face.  But there was also this lie, told to the American people from a 2020 presidential debate stage (Biden also used the 2020 debates to broadcast his false ‘Russian disinformation’ spin about his son’s authentic and damning laptop):

Biden flatly denied that Hunter had made money from China, saying that the ‘only’ person who had done so was Donald Trump. In fact, bank records show that Hunter and Jim (Joe’s brother) Biden had made money from China.  Millions of dollars worth, some of which was allegedly ‘held for the Big Guy,’ according to Biden family emails.  Hunter had even drummed up business in China after flying to that country with his father aboard Air Force Two, when Joe Biden was Vice President.  The Washington Post fact-checker eventually slapped a Four Pinocchios rating on Biden’s debate assertion, albeit nearly three years after he made it.

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Is This the Most Pathetic Defense of Joe Biden’s Impeachable Offenses?

The Democrats and the mainstream media have been tirelessly claiming that there is “no evidence” of wrongdoing by Joe Biden to justify an impeachment inquiry—a blatant denial of the fact that the House Oversight Committee has the receipts, including eyewitness testimony and financial records.

The White House is clearly concerned and instructed the already compliant mainstream media to attack the impeachment inquiry—as if they needed the marching orders in the first place. So far, every attempt by the media to claim the inquiry is based on “no evidence” has resulted in humiliation. Even a CNN fact check was unable to deny the key facts House Speaker McCarthy cited as justifying the inquiry.

Representative James Clyburn (D-S.C.), who is widely credited with saving Biden’s 2020 presidential campaign, didn’t even try to deny the existence of evidence during his appearance on “Meet the Press” on Sunday, and simply argued that—are you ready for this?— Republicans want to impeach Joe Biden  for “being a father to his son.”

“Let me ask you about the impeachment inquiry that is going to unfold this week on Capitol Hill. I know you and your Democrats have called this pure politics,” said host Kristen Welker. “But big picture, they’re trying to see if there’s any link between Hunter Biden and the president and his business dealings. Are you comfortable with a family member profiting off their last name in this town?”

“You know, we all, to some extent, live so that our children can be proud of the name that we’ve given them. I have three daughters, and I want them to feel very comfortable being a Clyburn,” he said, clearly avoiding answering the question. “I do know that that is very, very important for going forward, but that doesn’t mean they want them to do things that are unseemly to the name. I do want them to use the name to their benefit.”

“Yet, President Biden, according to one witness testimony, was on the phone 20 times with Hunter Biden’s business associates and described as pleasantries, but is that appropriate?” she asked.

“I think it’s appropriate to be a father to your son, and if your son is having a problem, and we all know the history of the problem that Hunter has with addiction, and he is being a father to his son,” Clyburn claimed. “You don’t impeach a man for being a father to his children.”

Ahh, so that’s it. Joe Biden wasn’t using his position to help Hunter sell influence, he was being a father to his crackhead son. I can’t help but notice that Clyburn didn’t even try to claim that there is no evidence to justify the impeachment inquiry; he merely sought to downplay Joe Biden’s role by claiming he was doing what a father does—and, at the same time, effectively admitting that Joe Biden was, in fact, knowingly helping Hunter with his business, because, what are fathers for, right?

But does being a father to his son mean using his position as vice [resident of the United States to get millions of dollars funneled to his family and laundering that money via twenty different shell companies? Does being a father to his son mean using a $1 billion loan to Ukraine as leverage to get a prosecutor investigating Burisma fired because Hunter was getting $1 million a year sitting on their board?

That’s not being a father to his son; it’s being a corrupt politician.

Multiple polls have shown Americans are already convinced there was Biden family corruption. An Economist/YouGov poll found that 72% of American adults believe Hunter Biden profited off his father’s position, including 53% of Democrats and 72% of Independents. Another poll from I&I/TIPP found that 56% of U.S. voters say that it is “likely” that Biden took bribes, while only 27% say it was “unlikely.”

 

Question O’ The Day

 

I Can’t Stop Laughing: Biden Thinks He’s Treated Like a Toddler.

Joe Biden is a man who likes his ice cream and routinely needs the White House to clean up his messes. He could be in diapers at this point, too. Who knows? If he is, I’m sure the White House is doing everything possible to keep that under wraps.

But I digress. According to a new book by Franklin Foer, staff writer at The Atlantic and former editor of the New Republic, Joe Biden feels like his White House staff is babying him, and he’s not particularly happy about it.

The book recalls the incident where Biden riffed after the conclusion of a speech about Russia’s invasion of Ukraine, making a statement that appeared to call for Putin to be overthrown. “For God’s sake, this man cannot remain in power,” Biden said. According to Foer’s account, the White House was walking back the statement by the time Biden had reached his motorcade.

“Suddenly, the press wasn’t marveling at his rhetoric or his diplomatic triumphs; it was back to describing him as a blowhard lacking in self-control,” Foer writes in his book, and Biden was deeply upset over the media coverage of the gaffe and “left for home, ending his triumphalist tour, feeling sorry for himself.” The president “resented his aides for creating the impression that they had cleaned up his mess.”

“Rather than owning his failure, he fumed to his friends about how he was treated like a toddler,” Foer writes.

Naturally, the White House disputed this story when Fox News White House correspondent Peter Doocy asked about it.

“President Biden is the oldest president in U.S. history. Why does White House staff treat him like a baby?” Doocy asked.

White House Press Secretary Karine Jean-Pierre might have needed a diaper of her own when she got that question, as she was none too pleased by it.

Doocy then quoted the book and asked, “Was John [F.] Kennedy ever babied like that?”

“So, look, I’ll say this,” she began. “There’s going to be a range — always — a range of books that are — about every administration, as you know — that’s going to have a variety of claims. That is not unusual. That happens all the time. And we’re not going to litigate those here. That’s something that we’re not going to speak to.”

Cute story. I wonder if Jean-Pierre would dismiss all the outlandish claims made about Trump in various books the same way.

At this point in our national politics, it’s believable.

Gingrich Makes Bombshell Allegation About Latest Trump Indictment.

Former House Speaker Newt Gingrich revealed on Thursday that a reliable source told him that a request was made from Washington, D.C., to Fulton County District Attorney Fani Willis that she had to bring charges against former President Donald Trump because they needed a distraction from the “screw up” with recently appointed Special Counsel David Weiss.

“I am told—this is hearsay—but I am told by a reliable source, that Friday evening, somebody from Washington called the district attorney in Atlanta and said, ‘You have to indict on Monday. We have to cover up all of the mistakes we just made with Weiss,’” Gingrich told Charlie Kirk in an interview. “And she said, apparently, ‘My jurors aren’t coming back till Tuesday,’ and they said, ‘You didn’t hear me. You have to indict on Monday,’ And she said, ‘Well, they’re not gonna get here before noon.’ They said, ‘That doesn’t matter.’ She says, ‘This means it’s going to be eight or nine or 10 o’clock at night.’ They said, ‘It doesn’t matter.”

“Who made that phone call?” asked Kirk.

“We don’t know,” Gingrich said. “And that’s why I’m telling you upfront, this is hearsay, but it’s from a person who has remarkably good sources.”

“I totally believe it, though,” Kirk replied. “Because that would explain why they leaked and they messed up on the clerk document. Why she was exhausted and why they had the 11 pm press conference.”

DA Willis held a late-night press conference to announce that a grand jury had indicted former President Donald Trump and 18 associates on multiple charges, including violating the Georgia RICO Act, solicitation of oath violation, and various conspiracy and false statement offenses. The charges had been suspiciously leaked online before the grand jury’s decision.

While Gingrich was adamant in pointing out the story is merely hearsay, it not only fits with the circumstances surrounding the indictment, but with the past indictments as well. As we’ve previously reported here at PJ Media, each of Trump’s prior federal indictments immediately followed bad news days for Joe Biden.

This even raises the question as to whether Manhattan District Attorney Alvin Bragg’s indictment of Trump was ordered by Washington for similar reasons. On the same day that Trump was indicted in April, Kathy Chung, a former aide to Biden, testified before the House Oversight Committee, contradicting the White House’s account of Biden’s handling of classified documents. Chung testified that the documents Biden kept were not stored in a secured closet at the Penn Biden Center.

It may be hearsay, but everything fits.