Category: Law and Order

The Unconstitutional Impeachment Trial of President Donald J. Trump

Once again, the lawless Democrat controlled Congress have chosen to dismiss the United States Constitution and proceed with a second impeachment trial of former President, Donald J. Trump.

The Constitution is clear, this an unconstitutional action, mostly done to show the American people we do not matter, and our system of government has been relegated to a Banana Republic status.

The United States Constitution, Article 2, Section 4, states: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”

First off, President Trump is no longer the sitting president, therefore impeachment under the Constitution is not a viable avenue.  President Trump left office on January 20th as specified in the 20th Amendment.  So, once again, the impeachment trial is unconstitutional and illegal. It is so unconstitutional, not even the left leaning U.S. Supreme Court Chief Justice John Roberts would preside over it.

The unelected dictator in the White House obviously does not care about the Constitution, otherwise he would have asked his Democrat controlled legislature to stop this circus and move on to more pressing issues.

Only an unintelligent person would believe what happened at the Capitol Building on January 6, 2021, was because of President Trump.  What happened at the Capitol was a failure of law enforcement, the intelligence community, and a minority of reckless individuals.  Video evidence has shown most of these people were allowed inside the building by the same law enforcement officers in charge of protecting the Capitol.

Many Americans present were exercising their rights as free Americans to assemble and peacefully demonstrate.   At no point in the President’s speech, did he ask for his supporters to storm the Capitol or cause harm, anybody who speaks to the contrary is lying.

This is the lie the Democrat controlled Congress is using to justify an impeachment trial on a President who has already left office.

As a professional law enforcement officer, I could see the people climbing the walls and destroying property.  These were not every day Americans; these were professional agitators in the mold of Antifa and other domestic disruptive groups.  To say these people were “White Supremacists” or “antigovernment insurgents” is grabbing the lowest hanging fruit available, and it is simply ignorant.

This was not an “Insurrection” as many in the media or our own government wants to portrait this law enforcement failure. 

“An act or instance of rising in revolt, rebellion, or resistance against civil authority or an established government.”  This is the meaning of an insurrection and what we saw at the Capitol does not even come close.

These rioters were not rising in revolt, rebellion, resisting against civil authority, or an established government.  These rioters were not doing anything more or anything less than what Antifa has done to American cities for the better part of 2020, destruction of property and supported by the lack of action from law enforcement agencies.

If you want to read about real cases of insurrection, go no further than Napoleon, Francisco Franco, Qadhafi, Idi Amin, and Pinochet, to name a few.  These individuals used insurrections to raise to the top.  If we had an insurrection in this country, it was done at the ballot box, by the voter fraud committed by the Democratic Party.

With this unconstitutional impeachment, the United States government is saying that former President Trump is no better than these dictators.  That is an insult to the American people, to our country, and to the former President.

This phony trial is a black eye on America, and we should be ashamed of the people we have sent to Congress to represent us.  This is not what I voted for.

While citizens in other undemocratic countries fight to have a representative government like that of the United States, the Democratic Party is tearing down our institutions, our culture, our history, and dismissing the Constitution to govern. 

Illegal Immigration: The Cleansing of American Society

In a little over two weeks, Joe Biden has managed to destroy all the advancements achieved during the Trump administration regarding immigration.

From “Zero Tolerance” on illegal border prosecutions, halting construction of the border wall, doubling down on DACA, and ending the visa ban on mostly third world Muslim countries under the excuse the Trump administration was targeting Muslims, when in fact these countries which include Libya, Somalia, Syria, and Yemen, are sponsors of terrorism.

This is just to name a few of the things Joe Biden has done to make our country a safe haven for terrorists, drug dealers, child smugglers, and illegal aliens.

If you think the Department of Homeland Security under the supervision of newly confirmed Secretary, Alejandro Mayorkas, is going to enforce the rules and the law, you are in for a big surprise.  All you are going to see is more of the lawlessness experienced during the Obama years. 

Alejandro Mayorkas comes to office with a bag full of scandal, from ethics violations to pushing Democrat agendas while in charge of the U.S. Citizenship and Immigrations Services.

They cheer the fact he is the first “Latino” to serve in the capacity of DHS Secretary.  Spare me the cheers, as a former DHS employee, I am embarrassed that a scandal ridden individual oversees our country’s security, regardless of ethnicity.   

We had some weak and ineffective secretaries during my tenure at DHS, but not even G.W. Bush or Obama appointees were as bad as Mayorkas.  DHS employees, and the American people, are going wish to they had President Trump back in charge.

As an American of Spanish heritage, I despise illegal immigration and illegal aliens.  As a former law enforcement officer, even more so.

Illegal aliens are a burden to our system and pose a threat to the security of our country.  It is ironic that countries who export these people to our border do not export their “best and brightest”.  We only get the sick, uneducated, and criminal element. 

Of course, it is a business of demand.  Since Americans are too lazy to work the fields and farmers need cheap labor, Washington looks the other way while eating their freshly picked strawberries.

What we are witnessing is the “cleansing” of the American society.  The American citizen has been systematically replaced by the non-citizen because the non-citizen is easy to mold, easy to be programmed.

Illegal aliens have no loyalty towards our Constitution or system of law, so they have nothing to fight for, nothing to be proud of.  They just take from hard working Americans, they get “free everything”; housing, healthcare, education, childcare, basically all the things hard working Americans must pay for.

Meanwhile, thousands of people trying to come to our country legally must wait in line, and face the bureaucracy, to enjoy the privileged of becoming an American citizen.  The system is broken because of people like Joe Biden and the Democratic Party, they think of the American citizen as second class while fighting for the illegal alien. 

American citizenship is a privilege, and in my opinion, an honor.  To call yourself an American should be something to be proud of, and if you are not a legal citizen, you should earn that privilege.  Unfortunately, the Democrats and their cronies in the Chamber of Commerce, think illegal aliens are better than you and me.

Next time your congressman tries to sell you a sob story about why we need illegal aliens in our country, remind him or her that you can do your own laundry, cook your own meals, and cut your own grass.  That is the American Way!

The United States of America is a Failed State

The year 2020 will be remembered as the year the United States became a failed state and began its move towards Soviet era style communism.

For a country who goes around the world dictating policy and lecturing countries on election policy and domestic governance, we have shown the world we are no different than countries like Venezuela or Cuba.

Sure, Americans enjoy many of the freedoms those countries do not afford to their own citizens, and most of them do not have to dumpster dive for their food just yet, but if you listen to the agenda the Democrats have in mind, we are not far from a societal and constitutional collapse of major proportions. 

The 2020 General Election produced what appears to be a fraudulent government and a fraudulent president, which is how most third world country leaders are elected, if elected at all.  Institutions like the Department of Justice, refused to address the voter fraud allegations, despite the fact of overwhelming evidence.

More egregious is the fact the United States Supreme Court refused to hear the cases and the United States Congress refused to exercise their constitutional duties under the United States Constitution.  Members of Congress, regardless of party affiliation, have a responsibility to bring into question any discrepancies in our electoral system, they failed. 

Lawmakers claimed there was nothing they could do about it.  Really?  What is the point of having elected officials if they are not going to do their jobs or even know their responsibilities under the Constitution?

The United States has been on a social down spiral since 2016 when a non-politician got elected to the presidency and the garden variety one was rejected by the American people.  I believe we have finally hit rock bottom in 2020.

When the President of the United States, the most powerful man in the world, has his social media accounts canceled; you know all is lost.  This is just the beginning towards the road to national socialism and communism, history repeating itself, from the Bolsheviks, to Hitler, to Castro, to Chavez.

The Democrats are going to do everything possible to steer the country towards a communist platform of government and the Republicans will not do anything about it to stop it. 

The same Republicans who complained about Facebook and Twitter, are the same hypocrites who take millions in campaign contributions from these same companies.   These companies are already showing how they can restrict our 1st Amendment rights under the excuse of “private business” and the Republicans, with the Democrats, are fine with it.  In today’s United States, your rights are expendable.

The new incoming administration is calling for “unity”.  This is the same people who for the last four years were calling on liberals to exercise acts of violence against law abiding conservatives and people they did not like or agreed with.

The only “unity” the Democrats want is for all conservatives to share the same barracks in re-education and concentration camps.  I would not be surprised if they use the Federal law enforcement apparatus to round up citizens and throw them in jail.  The same thing that was done under the Obama administration when he used the Internal Revenue Service to go after conservative groups.

The Democrats are inexplicably full of hate.  They are dangerous, and they use subversive domestic groups to do their dirty work.  The Speaker of the House and the “newly elected” president appear to be mentally unstable individuals who are willing to burn the country to the ground for their own political agenda. 

On January 12, 2021, Pelosi said this about the Capitol Hill rioters: “They chose their whiteness over democracy”.  Only a mentally ill person would say something as nonsensical.  The demonstrations were never about race, but fair elections. 

Democrats want to destroy our way of life by taking our rights, which are guaranteed by the Constitution, by force if necessary.  They want to change our country into a welfare state by creating a new class of citizen, a government dependent citizen.  They want to destroy our Constitution by eliminating, via government decree, our basic human rights.  The incoming administration has been clear in their intentions and the American people will pay the price.

We live in dangerous times and our Republic is at the verge of destruction by those in our own government.  Our institutions are corrupted and cannot be trusted to protect us, the citizens.

If Democrats can govern like a third world dictatorship, our country will be no different than China or the former Soviet Union. 

The Democrats have impeached President Trump, for the second time, with just a few days left on his presidency. Why, because they do not like him.  If they can do something like this to a sitting president, imagine what they have in store for you and me.

The perceived reality, based on the evidence available, is the “newly elected” president was elected via voter fraud and he is not a legitimate leader in the eyes of many Americans and leaders worldwide.  Our place at the word table is shaky and every diplomatic advancement accomplished in the last four years is in serious jeopardy.  The world was watching and took notice; the empire has fallen.

For the next two years we will hear so-called conservatives actively campaigning to buy our vote with false promises and statements such as, “don’t worry, we will get the power back in two years”.  Do not be fooled, Republicans enjoy the idea of being in power, Democrats exercise their power, even in the minority.

The voter fraud machine created by the Democrats, right under the noses of the Republican party, will not allow Republicans to be in power for decades to come.  Mostly because Republicans do not have the guts to challenge the Democrats on it as demonstrated in the 2020 election.

What has happened in America will be forever remembered as the time when the United States of America became a failed state. 

Defunding the Police; Understanding the Real Problem

Defund the Police? Think again! Photo courtesy of dailythruthreport.com

I spent 25 years in Federal Law Enforcement, I have heard and seen many things, but I have never heard a call to defund law enforcement.

I don’t understand it, these calls are mostly coming from people living in communities who need a police presence, otherwise they would be overwhelmed by lawlessness, gangs, drugs, and uncontrollable crime.

I don’t think these voices realize what their cities and towns would look like without law enforcement.  Obviously, they haven’t taken the time to think and to analyze such a proposal. 

For starters; who’s going to enforce the laws enacted by City Councils?  That’s part of community policing.  Local police enforce local ordinances and any revenue coming from issued summons, goes back to the community and the department.  They use this money to buy new equipment, training, and hiring. 

Most City, County, and local police officers are part of the community.  They live in the community and have a vested interest in the wellbeing of their neighbors and safety in their neighborhoods.  

They respond to burglaries, domestic disputes, execute arrest warrants, medical emergencies, welfare checks, vehicle accidents, among many other things.  Who’s going to perform these duties in the absence of a police department?

Defunding police departments is a short-sided call.  Instead, they should be calling for meaningful police reform.  What I mean by that?  After I retired, I worked at several gun ranges, teaching firearms and as a Range Safety Officer, and many police officers would come around to shoot getting ready for their yearly, yes, yearly weapon’s qualification.   They were not very good at it; which was a pretty scary thought. 

I always extended my help, even giving them free range time and targets because their departments would not give them the tools to train.  People need to understand, most local police departments don’t have the money to properly train their force and mostly depend on other government agencies, at the Federal and State level, to attend conferences and obtain specialized training. 

Throughout my career I had the opportunity to work with many fine and hardworking local police officers, from providing law enforcement support during special events to G-20 summits.  I never encountered an officer who didn’t love his or her job.

In all honesty, law enforcement is thankless job.  If you don’t love what you are doing it can be a very frustrating endeavor.  One is constantly dealing with bureaucracy, mostly from people who have no clue about law enforcement and what it takes to enforce it in a fair and impartial manner. 

Most police departments are undermanned and outgunned.  In some jurisdictions, officers must buy their own firearms and body armor in order to be able to do their jobs in a safe manner.  Meanwhile Senator Paul and Senator Van Hollen are reintroducing legislation to limit the access police departments have to excess Federal government law enforcement and military equipment.

I don’t know if Senator Paul realizes most police departments are outmanned and outgunned by local gangs, drug dealers, and other criminal elements in their communities.  Having access to surplus Federal resources is an invaluable tool and getting rid of it only hurts the community.

We need more police training, not less.  By defunding police departments, you strip them of the ability to send officers, especially in leadership positions, to training that they can bring back to their departments.  Well-trained police force not only benefits the department, but the community as well.

People in the community has a vested interest in the efficiency of their police department, they should embrace it and help the police officers to understand the needs of their community.  Good communication between citizens and law enforcement officers is as important as a properly trained professional force. 

The community is also a necessary tool for good policing.  People know what’s going on in their backyards and most people are willing to assist the police to keep crime away from their neighborhoods. 

There’s no doubt that we have bad apples in the law enforcement community, but they are very far and between.  To say that all law enforcement officers are racist is ludicrous.   Are there some law enforcement officers with racist tendencies?  Absolutely.  Throwing a negative blanket like this on all law enforcement is not only wrong but unfair to police officers who put their lives on the line every day.

I don’t know any law enforcement officer who wakes up in the morning wishing for an eventful shift.  On the contrary, most police officers want a quiet shift, and above all, the last thing they want to do is discharge their firearm.  Any law enforcement officer who thinks differently should relinquish his or her badge immediately and seek some mental health help.

Police officers are human beings doing a job that not everybody can do or wants to do.  Remember, when a police officer performs a traffic stop or responds to a domestic dispute, they are doing the job they were told to do, to enforce the laws enacted by State, City, and local governments.  If you are upset by this fact, I suggest you take it up with the legislature.

Police officers don’t choose what laws to enforce, but I know, from time to time, they use their discretion.  Remember that time you got a break for speeding?  Exactly!

Defunding the police is the last thing any law-abiding citizen should be advocating for.   They should demand their police department are properly funded, trained, and equipped.

If you don’t have a police department; who are you going to call when someone is breaking into your home?  Who are you going to call when getting beat by an abusive spouse?  Who are you going to call when your business is getting looted or burglarized?  I can tell you; it is not going to be the Ghost Busters.

My Open Letter to Law Enforcement

For 25 years I carried a badge and swore to uphold the law.  The actions that I am seeing today by local and state law enforcement officers are causing me to question many things.

I had the honor and privilege of taking the Oath of Office three times.  First when I joined the Army, second time with the Bureau of Prisons, and lastly on March 11, 2002 at 8:46 A.M. when I was sworn in as a Federal Air Marshal.  At 8:46, the same time the AA Flight 11 struck the North Tower of the World Trade Center.  Talk about compelling and powerful; this was probably the most emotional moment in my law enforcement career.

I was always proud to raise my right hand and repeat those words:

“I, Hector Fernandez, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will, well and faithfully, discharge the duties of the office on which I am about to enter. So help me God.”

Perhaps the one sentence that has always been important to me is “I will support and defend the Constitution of the United States against all enemies, foreign and domestic”.

During this national crisis, this line has never been so clear and at the same time so blurry.  I have observed how state and local police departments are forced to execute the draconian edicts enacted by politicians.  Things like “Stay at Home” orders under the threat of fines or imprisonment.  As I have written before, to me these actions are unconstitutional and in violation of several articles of the United States Constitution.

While legislatures sign away the rights of law abiding citizens, it is up to the state, city, or county law enforcement officers, to enforce them.  The more I think about it, the more I am conflicted.  The government is turning law abiding citizens into criminals, but why? 

All these people want to do is have some sense of normalcy in their life, a life that has been suddenly interrupted by a virus and the government response to it. 

How is it arresting a father for playing T Ball with his child, away from everyone and following the “guidelines”, accomplish anything?  Meanwhile state governors are releasing hardened inmates to our neighborhoods using the Coronavirus as a pretext.  It doesn’t make any sense to me.

As a retired law enforcement officer I understand the position in which these officers are in, but at the same time I am faced with a moral dilemma.   I am sure most of these people know these police officers and vice versa, especially in small town Sheriffs and Police Departments. 

These people are not common criminals, they are your bankers, car salesman, restaurant operators, waiters and waitresses, teachers, in most cases everyday law abiding citizens.  These people love their communities and their country, and to be put in a form of “involuntary” house arrest without a trial, out of work, and without any type of due process, it is a crime against the principles this country was founded upon.

Human beings are not built to be naturally separated from each other or to live in isolation.  People want to be able to be free to walk, catch some fresh air, spend time with their families, earn a living, and feel like a worthy human being.  American citizens have been put in this position, not by their own actions, but by those of government.

Americans are smart and resilient people, they understand what needs to be done, but government insists on treating them as little kids.  Eventually people will reach a breaking point, and you see it already by the many anti “Lockdown” rallies across America. 

People are going out to streets to defy these government and their unconstitutional edicts.  What are you seeing in places like California, New York, and Michigan, are things you expect to see in the streets of Caracas, not in Los Angeles or Detroit.  Government overreach and disregard for people’s rights were among the main reasons for the American Revolution. 

Most Americans are well aware of their constitutional rights, and yes, they’ll play along with the government, but when you make a human being feel worthless, even the most law abiding citizen is going to rebel and strike back.  

These citizens have protested those edicts respectfully and without violence towards law enforcement.  They have exercised their God given rights and those afforded to them by the Constitution.

This brings me back to the function of law enforcement during this constitutional crisis.  Like I said before, I get it, I understand why these officers have to do what they are doing, but are they morally right?  I guess that’s a debate to be held between themselves and their conscious.

As a law enforcement officer you are to defend the Constitution from all enemies, foreign and domestic.  Is arresting someone for exercising their freedom of speech, their freedom to assemble, or their freedom of religion, defending the Constitution?  I say is not.

These are the same citizens who serve you food, prepare your taxes, repair your vehicle, clean your town streets, and drive your taxis.  Next time you decide to arrest that single mother in the park, who’s following the guidelines and just wants to spend time with her child, remember that may be the same mother who’s going to render you assistance when you may need it the most.

Think about all these things the next time you want to issue a citation to a person who lost their job to not fault of their own or a parent who wants to be just that, a parent.

So, I want to ask my fellow law enforcement officers to exercise common sense during these trying times.  Remember citizens are already emotionally stretched, be of help, not another burden.  The people in your state, city, and towns will thank you for it.