Friday, April 16, 2010


First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

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

EXCERPT: “Google and an alliance of privacy groups have come to Yahoo's aid by helping the Web portal fend off a broad request from the U.S. Department of Justice for e-mail messages, CNET has learned. In a brief filed Tuesday afternoon, the coalition says a search warrant signed by a judge is necessary before the FBI or other police agencies can read the contents of Yahoo Mail messages--a position that puts those companies directly at odds with the Obama administration. Yahoo has been quietly fighting prosecutors' requests in front of a federal judge in Colorado, with many documents filed under seal. Tuesday's brief from Google and the other groups’ aims to buttress Yahoo's position by saying users who store their e-mail in the cloud enjoy a reasonable expectation of privacy that is protected by the U.S. Constitution. "Society expects and relies on the privacy of e-mail messages just as it relies on the privacy of the telephone system," the friend-of-the-court brief says. "Indeed, the largest e-mail services are popular precisely because they offer users huge amounts of computer disk space in the Internet 'cloud' within which users can warehouse their e-mails for perpetual storage." The coalition also includes the Electronic Frontier Foundation, the Center for Democracy and Technology, the Progress and Freedom Foundation, the Computer and Communications Industry Association, and TRUSTe. For its part, the Justice Department has taken a legalistic approach: a 17-page brief it filed last month acknowledges that federal law requires search warrants for messages in "electronic storage" that are less than 181 days old.”

Here is what one of Obama’s minions, Assistant U.S. Attorney Pegeen Rhyne, wrote:

"Previously opened e-mail is not in 'electronic storage. This court should therefore require Yahoo to comply with the order and produce the specified communications in the targeted accounts."

3 Dec 2009, U.S. Magistrate Judge Craig Shaffer of Colorado ordered Yahoo to hand to prosecutors certain records including the contents of e-mail messages. “Yahoo divulged some of the data but refused to turn over e-mail that had been previously viewed, accessed, or downloaded and was less than 181 days old.”

Previously opened e-mail is not in, as Rhyne puts it, “electronic storage.” Really? Let’s examine that nugget of Obummer-like thinking, or is it the Eric “Ratface” Holder-Obummer’s minion type of thinking.

Say you receive a letter from a friend that discusses stuff that you would not rather than the government knew about. That’s your decision and your GOD given rights under both the First and Fourth Amendment. You read the letter, fold it back up, and set it on the coffee table. It’s opened, you’ve read it, but it is still not protected from illegal search and seizure? If the cops come into your house twenty minutes later for another reason, can they take that letter off of your coffee table and use it against you? No. It’s a private communication and must be obtained with a search warrant that specifically points out what the police are looking for. We do not live in the Soviet Union, although Obummer and his radical Marxists wish we did, we live in the United States of America where the Constitution is the Law of the Land. 

Indeed, the Judge Shaffer was wrong to order that because it is little more than an around OUR GOD GIVEN RIGHT under the Fourth Amendment! The police simply cannot obtain access to a server and start seizing and accessing e-mails without prior notice to the account holder and that means getting a search warrant. The exception would be an email from or to a known terrorist or terrorist group from a person residing here. Then FISA would kick in where the email could be read BUT STILL, a warrant must be obtained at a later date but within a reasonable time limit. 

Remember back a few weeks when Eric “ratface” Holder’s DOJ prosecutors actually TOLD a federal appeals court that Americans enjoy no reasonable expectation of privacy in their mobile device and that no search warrant is needed to access location logs? So if the Gunny has a few letters on his person, and he’s mobile, out running errands, those letters are not protected under the 1st and 4th Amendments? Wrong answer Ratface. Eric Holder should stick to doing pro bono work for GITMO detainees, he’s a washout where he’s at now but as one of Obummer’s minions, he’s a key player in letting a tyrannical government run roughshod over us.

The one word description of the goal of this regime:


1. oppressive power. “every form of tyranny over the mind of man.” Thomas Jefferson; especially : oppressive power exerted by government, i.e., “the tyranny of a police state.”
2. a government in which absolute power is vested in a single ruler. The administration of a tyrant.

What the Gunny finds odd is that it is common sense (he knows libs lack it but REALLY Obummer, tell your minions to get with it) here clearly shows that WE OWN OUR emails because they are protected as "Intellectual Property" and are copywrite protected by default. It is only voided if you are performed it as a work for your job, a consultancy, etc. For the US Govt to mess with our email is a violation of personal property laws under Federal law! But then again, we all know that this regime could care less about federal law, hell, these pukes can’t even pay their damn taxes and never get punished when caught! Nancy Pelosi’s vineyard, for example, uses illegal aliens for labor, was caught on hidden camera, and nothing was done. Dianne Feinstein directed military contracts to her husband's companies and nothing was done. 

In a related incident, Mark Eckenwiler, a senior attorney in the criminal division of the Justice Department stated in Philadelphia, “The government is not required to use a warrant when it uses a tracking device. There is no constitutional bar to acquiring routine business records held by a communications service provider.”

So Mark, who donated 500.00 to Obummer’s campaign, sees no constitutional problem with obtaining records from cellular providers that can track the whereabouts of handheld and mobile devices. What this amounts to is a warrantless tracking of your location. Passive surveillance. Say the Gunny attends a meeting of the Second Amendment militia and Obummer’s myrmidons can track the Gunny passively through his cell phone, the government can use that information to a bad end. It is as though we had a law enforcement tail monitoring our every move, as if we were all criminals!

The DOJ under Ol Ratface is dead wrong on this issue. If the Gunny is driving down a public road, what he has in his backpack is not fair game for public knowledge. If he is having a discussion with another person in that car, our conversation is not public knowledge. Thus, the whereabouts of my cell phone is not public information. The intent of the 4th amendment is clear as a bell in that the people have a right to privacy and a protection against unreasonable search and seizure. When Mark the Minion mewled that: "There is no constitutional bar to acquiring routine business records," does this mean that the Gunny’s bank accounts are routine business records? How about what he buys at Wal-Mart? What he donates to the NRA? Those are all routine business transactions but they are not government business unless there is probable cause that the Gunny is up to nefarious activities. What if the government can force your cell phone provider to access your cell phone in order to turn on the microphone in order to listen in on your conversation? It’s coming over the public airwaves is it not? Should it be publicized? No. Should the government be able to do this without a search warrant? Hell no.

Ben Franklin said it best: “They who would give up an essential liberty for temporary security, deserve neither liberty or security.” Thus the pattern for the Obomination is clear. First, Ratface’s DOJ secures the ability to track our locations through our cell phone. Second, they can do an end-run around the Constitution and track our online activities without warrants. Then, they can monitor your activities, look at the data resident on our electronic devices, and in all reality, conduct random searches of private residents, without a warrant, effectively nullifying the Fourth Amendment. Never forget that Democrat Woodrow Wilson JAILED people who spoke out against his regime in regards to WW1, FDR slapped American citizens into concentration camps merely for being Americans of Japanese descent (but ignored Americans of Italian and German descent), and some famous liberal quotes are worth reviewing here:

"We must stop thinking of the individual and start thinking about what is best for society." [Hillary Clinton, 1993] Now Obummer's SuckState.

"We can't be so fixated on our desire to preserve the rights of ordinary Americans ..." [President Bill Clinton, 'USA Today' March 11, 1993: Page 2A]

“My first priority will be to reinstate the assault weapons ban as soon as I take office. Within 90 days, we will go back after kitchen table dealers, and work to end the gun show and internet sales loopholes. In the first year, I intend to work with Congress on a national no carry law, 1 gun a month purchase limits, and bans on all semi-automatic guns." Barack Obama, VPC Fund Raiser, 2007

"The Department of Homeland Security assesses that right-wing extremists will attempt to recruit and radicalize returning veterans in order to exploit their skills and knowledge derived from military training and combat. These skills and knowledge have the potential to boost the capabilities of right-wing extremists including lone wolves or small terrorist cells to carry out violence. The willingness of a small percentage of military personnel to join right-wing extremist groups during the 1990s because they were disgruntled, disillusioned or suffering from the psychological effects of war is being replicated today." Janet Napolitano

But what the libs want us to do was outlined quite well in Dosteovsky’s, “The Grand Inquisitor,” "In the end they will lay their freedom at our feet and say to us, 'Make us your slaves, but feed us.’”

This regime’s goal is to bypass the Constitution in any way, shape, or form.

“Eternal vigilance is the price of liberty.” Thomas Jefferson.


  1. When Bush wanted to check on e-mails, even with a warrant, the left raised hell. Now, they seem to be rolling over like lapdogs.
    Come on, bark'

  2. That's the left for you. It's ALWAYS okay for THEM to do wrong. The trouble is, is that their mode of non-thinking ALWAYS ushers in a totalitarian government in the end.

  3. Packrat....That needed a spew alert!!! Damn, son.

  4. Nee,

    That's why I call them the Lapdog media. They rolled over for Barry Soetoro even BEFORE the election!

    Ex: Chrissy Matthews and his tingly leg.

  5. Another great post Gunny!
    This is just another example of a government drunk with power. Hopefully this issue will be corrected in the courts but I'm not holding my breath. Even if it is rectified by the courts I'm sure this administration has another end around in their play book to run.

    "An honest man can feel no pleasure in the exercise of power over his fellow citizens." -Thomas Jefferson

  6. rikdergis,

    I love that quote from Jefferson. Too bad the Congress, the Senate, and the White House is full of corrupt thugs.

  7. Gotta correction for this post...
    They ain't tryin' to bypass the Constitution. They're trying to overturn it.

  8. Gunny,
    My goodness, what will these usurpers think of next? And seemingly get away with it?
    My heart jumped into my throat on this one. They have NO RIGHT to do this. Where is it going to end? What worries me, is them finding a way to stop the election in 2012, or a way to cheat his way to victory. They don't care for anything. Guess We The People will have to LOCK AND LOAD!! Grannies can shoot too!!

  9. Oh yeah,
    I thought I had better say that before we are totally censored. :-)

  10. Comrade Obumbler states...
    "My first priority will be to reinstate the assault weapons ban... work to end the gun show and internet sales.... a national no carry law... purchase limits, and bans on all semi-automatic guns."

    Good luck with that dipstick. Us patriots are all ammo'd up. I've never seen so many new shooters, whether young, old, black, white, male, female, etc... at the gun counters, at CCW classes, at the range. Eyes have been opened and the beast awakened. I've made lots of new friends as a result, even a couple of guys who just happen to be black. But I see them as Americans and conservatives, just as they do. It's about what is between their ears, what they think and their values, not what they look like... unlike liberal politicians.

    I went to the range today and in the booth next to me, a pretty, twenty-something woman was there by herself and shooting the heck out of an AR-15. She was shooting tight groups at 100 yards. Trying to trample 2nd Amend. rights on top of everything else will really stir up the hornets nest even more.

  11. Josey Wales,
    You should see my son, the flight medic, with his 9mm. He can do some very respectable "double taps" and I believe qual'd expert.
    I'll wait and see if anyone makes an uninformed comment about that.
    It is indeed to note who shows up at the range. Not what the libs would expect.

  12. bawwy sotewo aka THE OPPRESSIVE OBOMINATION has been bypassin and stompin on the constitution of the US all his sorry no good aa life it is after all a flawed document. In a sane world without political correctness where a spade is called a spade this least qualified in any room he enters muslim pos would never have been elected dog catcher of Dogpatch USA. The new rallying call needs to go from sea to shining sea IMPEACH, REMOVE and REPEAL NOW!!!

  13. 1. First Amendment. Attacked again by a federal judge banning National Prayer Day. Won't go into it much but NPD does NOT establish a religion; rather it is the free exercise thereof and freedom of speech.
    You gotta understand the purpose of the federal government is the subjugation of the populace. Each and every bureaucrat is seeking more power for himself over the people. Although every bureaucrat has marching orders from above, each has the power of the alphabet agencies to enforce their dictates, be they constitutional or unconstitutional.

    2. Democrats since FDR have been trying to take out the 2nd Amendment. FDR started the ball rolling with the FFA. Think about it. Honest citizens were not the ones popping caps at the feds via BAR's and Thompson .45's. It was criminals. But FDR outlawed private ownership of automatic firearms from citizens. The same thing with the ban on assault weapons. And after that will be semi-automatic "sporting" weapons. Then "concealables". The assault on our rights is relentless. "Eternal vigilance is the Price of Liberty."

    3. "The elephant in the phone booth" decision. In a case where the police had a warrant for a rather large object, they found, not the object but an incriminating letter in a nightstand drawer. The object stated in the warrant was much too large to fit in the drawer. The letter was thrown out because, although the warrant gave the police the legal right to enter and search, it did not give them the right to search places where the object could not pollibly be, thus the elephant in the phone booth......

    4. Ah... I get to the bottom of your essay and see you, too, quoted Jefferson's eternal vigilance utterance....

  14. The ever confused Gunster babbled:

    >stuff that you would not rather
    >than the government knew about.

    What language is this? It's clearly not English.

    >your GOD given rights under both
    >the First and Fourth Amendment.

    No god gave Americans rights. The country's founders did. Supernatural thingies had nothing whatsoever to do with it. People who say their rights came from spirits in the sky are insane, and nothing they say should be taken seriously.

    >it is little more than an [?] around
    >OUR GOD GIVEN RIGHT under the
    >Fourth Amendment!

    Rights do not come from gods. America was not established by a god. Gunsel wants to turn you all into bowing, scraping, deluded assholes, thanking God for something no god had anything to do with.

    >The police simply cannot obtain
    >access to a server and start seizing
    >and accessing e-mails without prior
    >notice to the account holder and that
    >means getting a search warrant.

    What utter nonsense. Police don't give "prior notice" to a suspect when they get a warrant to search a location. That would rather defeat the purpose of a search, wouldn't it, giving a suspect time to get rid of evidence?

    >WE OWN OUR emails because they are
    >protected as "Intellectual Property"
    >and are copywrite (sic) protected by

    More Gunster bullshit. For one thing, it's c-o-p-y-r-i-g-h-t (not "copywrite"). For another thing, the laws on copyright are irrelevant when it comes to law enforcement officials seizing materials in a criminal or national security-related investigation. Can you imagine telling the cops they can't confiscate your homemade kiddie porn tapes or neutron-bomb blueprints because they're "copyrighted?" They'd laugh their balls off as they dragged yours to jail.

    Once again, Gunsel has posted a rabid screed notable mainly for its illiteracy, hysteria and misinformation.

    Great post, Gunny!


  15. "My friends, we live in the greatest nation in the history of the
    world. I hope you'll join with me, as we try to change it." -- Barack Obama

    ''Life's tough, pilgrim, and it's even tougher if you're stupid.'' -- John Wayne

    i do believe Mr Wayne had ivan in mind!

    so heres a message that ivan can send to big brother;
    all politicians are crooks! they are only one step above child molesters( and ivan)! between them, they dont have enough grey matter to fill a thimble. but they do have enough brown matter between their ears to fill the Atlantic! it IS time to water the tree of liberty!

  16. Oh Ivan, you're so Butch when you talk tough. You make me so excited! Can I hide in you when you play Prison Gang Rape again? I'll bring my snorkel so I can dig you for hours. Or we can play miner sixty-niner! You catch like always and you can play Richard Geer.

  17. Our Village Idiot belched forth:
    "Gunsel wants to turn you all into bowing, scraping, deluded assholes, thanking God for something no god had anything to do with."

    Fools like you have greased the rails for every corrupt despot in history. I would rather bow, scrape and thank "spirits in the sky" than to bow, scrape and thank a tyrant on his throne in Washington D.C. I bow to no Man. Your loathing of an entity that can neither be confirmed nor denied scientifically, only exemplifies your hatred of yourself and everyone you come in contact with (especially those with whom you disagree).

    I only have two more things to say to you; "Si vis pacem, para bellum" -Vegetius
    "Sic semper tyrannis" -Virginia state motto

  18. At 13:17, rikdergis gibbered:

    >Your loathing of an entity that
    >can neither be confirmed nor denied

    Try not to be more stupid than necessary, OK, kid?

    One can't "loathe" something that one is certain doesn't exist. Get it?

    And please, don't bore me with stupid Latin cliches.

    Thanks for playing. You may now go back to sleep.

  19. Can't understand Latin huh, you pecksniffian pettifogger,Ivan.

    For someone who does not believe in the Diety,you spend a lot of energy in denial to include your icon.

    Oh were you half as intellegent as you imagine yourself to be.

  20. What Ivan lacks in understanding of Latin it would appear he more than makes up for in animal husbandry with both Lemmiwinks and Richard Gere.
    "Miner Sixty-niner"????
    Care to elaboratus Ivan?
    Please though, not in too much detail!

  21. rikdergis:

    "Sic Semper Tyrannis"

    As quoted by John Wilkes Booth?

  22. Pack Rat

    Yeah. The scope of ivan's intelligence underwhelms me.

  23. On another discussion on this blog, after complaing about Gunny's english and grammar:
    '"Ivan said...
    Rat Pack spinned:
    >It appears that neither side has a
    >corner on "moral high ground"'


  24. At 16:22, Nanna blustered:

    >Grannies can shoot too!!

    Yes, and grannies can also get shot in the face by National Guard troops if the crones treasonously take up arms against the duly constituted national government.

  25. Clinton:Democrats will remain in control in the future and forevermore.

  26. At 14:09 Donnie emested:

    >Clinton:Democrats will remain in
    >control in the future and

    With any luck.

    (Not that Democrats are saviors or particularly virtuous, but Republicans have proven themselves the party of corruption, incompetence, dishonesty, racism and evil on every front.

    Hera help America if those slimebags ever return to power.)

  27. "Hera help America if those slimebags ever return to power" thought Ivan did not believe in any diety..oh yes it's like Obama's former pastor "G.D. America", just a figure of speech

    "Not that Democrats are saviors or particularly virtuous...." a very true statement.

    Oh did I leave out part of what Ivan said?

  28. Ivan the Witless,

    "Not that Democrats are saviors or particularly virtuous, but Republicans have proven themselves the party of corruption, incompetence, dishonesty, racism and evil on every front."

    Thanks for proving your own stupidity with that sentence.

  29. All,

    What Ivan the Moron can't grasp is that we here would die to defend his right to deny God but he would not reciprocate. Thus once again proving the hypocrisy of liberals.

  30. News alert

    DOJ withdraws request to see e-mails!!!

  31. At 8:02, The Gunsel proffered:

    >we here would die to defend his
    >right to deny God but he would
    >not reciprocate.
    >Thus once again proving

    The above once again proves your propensity for jumping at totally unwarranted conclusions, your addiction to preconceived notions (which is one reliable indicator of a third-rate mind) and your utter, fatal cluelessness.

  32. At 11:06, Pack Rat intoned:

    >DOJ withdraws request to
    >see e-mails!!!

    Condolences to all you rightoids about this. You must be frustrated as hell, knowing that the American voting public will see this and conclude that the present occupant of the White House is both a reasonable man and a supporter of civil rights.

    Things just getting worse for you guys day by day, don't they?

    Obama! What's not to like?

  33. My, my and lookee here.

    "NEW YORK – A gauge of future economic activity jumped 1.4 percent in March, the fastest pace of growth in 10 months. The rise in the Conference Board's index of leading economic indictors suggests economic growth is likely to continue for the next three to six months."

    Sorry again, rightizens, but the voting public is bound to draw the (correct) conclusion that President Barack Hussein Obama's economic polices are succeeding.

    Really hurts, no? Perhaps you should begin to consider the possibility that everything you thought you knew was, you know . . . wrong.

    Obama! How can anyone not like him?

  34. Not even am I frustrated. I'm glad the the Obama admin decided to follow the law, instead of evading it like they usually do.

    What the people will see that the Obama administration only follows the law when they get caught.

  35. Preconcieved assumptions:
    "And if I did?

    Last time I looked, "wanting" the destruction of Americans and American soldiers was not illegal."

    Prior statement by Ivan:

    "I once did a brief stint in ROTC, but I'd put a gun in mouth before I'd be part of the U.S. military machine. In my entire life, U.S. forces have done nothing -- nothing -- either useful or honorable, save coming to the aid of Kosovo durng the Clinton years. Other than that one campaign, U.S. soldiers have been used exclusively as hired killers in the service of rightoid Cold War paranoia or at the behest of America's corporate masters."

    Words typed in cyberspace have a life of their own

  36. At 12:12, Pack Rat republished a few of my immortal words.

    The question, Ratty, is why did you?

    Do you imagine they are an example of what you laughably called "Preconcieved (sic) assumptions?"

    They are not.

    Are you really such a dolt that you imagine that the two statements somehow contradict each other?

    They do not.

    Are you so dumb that you think I regret writing either statement? Your hackneyed observation that "Words typed in cyberspace have a life of their own" suggests that you do.

    But, as usual, you're wrong. I stand by my words. Rather proud of them, in fact.

    I'm truly flattered that you think I'm so important that you need to archive my deathless prose, but the question remains: Why?

  37. No, Ivan
    Why I retrieved them was as a rebuttal to your claim that
    "At 8:02, The Gunsel proffered:

    >we here would die to defend his
    >right to deny God but he would
    >not reciprocate."
    and your statements that you stand by indicate that you indeed would not fight, but allow others to fight your battle.

    Don't be too flattered. I find people like you interesting to observe.

  38. At 18:19 Pack Rat stammered:

    >your statements that you stand
    >by indicate that you indeed
    >would not fight

    They do no such thing. If your analytical skills were as keen as your eagerness to try to show me up, you'd have realized that I said only that I'd never fight *with the U.S. military.*

    >but allow others to fight your battle.

    No one has ever had to fight for me. Certainly, no U.S. soldier ever has.

    >I find people like you interesting
    >to observe.

    I'm not surprised. Humans with actual independently functioning minds must seem fascinatingly alien to FoxNews droids like you.

  39. Independently functioning mind? Not really,You accuse others of being droids, but the concept of persons disagreeing with your views having validity seems alien to you.
    I will complement you on getting through a post without an obscenity and only minor insults.

    " I'd never fight *with the U.S. military.*"
    In time of war, were it to occur, with whom would you fight?