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.

Corona-ruptcy: Part Deux

Only the Private Sector can save this economy! Picture courtesy of enca.com

Here we are again, the third “Stimulus” package to combat the Coronavirus pandemic at a cost of $2,000,000,000,000.00 dollars, in addition to the prior $9,384,000,000.00  signed into law in the prior two pieces of legislation.

In President Trump’s own words during the signing ceremony, “this 2 trillion can easily become 6 trillion dollars before the fiscal year is over”.  Even with many of these appropriations falling under Sunset Provisions, that’s a lot of money to be spent by September 30, 2020.

Unlike members of Congress, yours truly actually read the 1400+ pages of this stimulus bill, H.R. 748, The CARES Act.   The legislation has lots of good things to help combat the virus and assist the medical community, but the amount of Pork Barrel spending on it would make a grown fiscal conservative cry.

I am going to summarize for you most of the pet projects and draconian regulations the Congress was able to insert in this bill.  None of it has anything to do with the Coronavirus response, testing, or cure.

  • The Smithsonian Institution (Salaries and Expenses)- $7,500,000.00
  • John F. Kennedy Center (Operations Maintenance)-  $35,000,000.00
  • National Foundation of the Arts and The Humanities/National Endowment of the Arts (Grants and Administration)-  $300,000,000.00
  • National Endowment for the Humanities (Grants and Administration)- $300,000,000.00
  • Corporation for the Public Broadcasting- $300,000,000.00.  The same entity who is refusing to broadcast the Presidential Briefings on the Corona virus, go figure.
  • Institute of Museum and Library Services- $500,000,000.00

The following are some of the salaries and expenses of some of the Federal agencies you never knew we had.  Basically, pay raises.

  • Employee Benefits Security Administration-  $3,000,000.00
  • Wage & Hour Division-  $6,500,000.00
  • Occupational Safety & Health Administration-  $30,000,000.00
  • Departmental Management Office, Office of the OIG-  $1,500,000.00
  • Government Accountability Office (Salaries and Expenses)-  $50,000,000.00
  • Department of Transportation and Housing and Urban Development (Salaries and Expenses)-  $1,753,000.00
  • Social Security Administration-  $510,000,000.00

Probably the most egregious of all these pay raises in a time of crisis, the Legislative Branch.

  • Senate- $1,000,000.00.  Under the title, Senate Sergeant at Arms Expenses.
  • Senate- $9,000,000.00.  Senate salary increases for members of the Senate.  For a nice total of $10,000,000, 00.
  • House of Representatives (Salaries and Expenses)-  $25,000,000.00
  • Architect of the Capitol (Construction and Operations)-  $25,000,000.00

Let’s continue with the Department of Education.  I tried to make sense as to why The Department of Education was getting any “Stimulus” money, other than to help states with child programs, but some of the things in there are beyond helping children.

  • Department of Education, State Fiscal Stabilization Fund- $50,000,000,000.00.  That’s right folks, billions with capital B.
  • Gallaudet University-  $7,000,000.00
  • Student Aid Administration-  $75,000,000.00
  • Higher Education (Whatever that is)-  $9,500,000.00
  • Howard University-  $13,000,000.00
  • Office of the Inspector General-  $11,000,000.00
  • Corporation for National and Community Service-  $250,000,000.00

Now we are going to take a look at some of the “Bailouts”, and goodies, the legislation is going to address, via either grants or loans, or simple appropriations.  This includes air carriers, railroads, airports, and the United States Postal Service.

This is just a sample, but it should be enough to paint a picture for you.  Some of these options available to the airline industry are not coming without some Democratic Party intervention and strings attached to them.

  • Payments to Air Carriers-  $100,000,000.00
  • Airline Industry Financial Oversight-  $3,000.000.00
  • Airline Assistance to Recycle and Save Program-  $1,000,000.00
  • Federal Aviation Administration, Airport and Airway Trust Fund-  $25,000,000.00
  • Grant-In-Aid for Airports-  $10,000,000.00
  • Airport Relief (From the Department of the Treasury administered funds) -$10,000,000,000.00.  This is supposed to be used to ensure airlines don’t engage in price gouging during times of national emergencies.

In addition, the airlines will have access to $58,000,000,000.00 in loan and grants, but this assistance has several caveats to it.  Twenty One billion dollars will be use to issue unsecured loans and loan guarantees.  When I read “unsecured loans”, I saw the big word, “Bailout” written on the wall.

Let’s start with Environmental Protections Grants.  These grants will be given to those air carriers who participate in the Sustainable Aviation Fuel Development Program.  This is part of the Democrats Green New Deal initiative.

This is where the Green New Deal earns its wings.  The following are three sections that will be costly to the airline industry and the consumer will see the result with higher ticket prices and fees.

  • Section 706- Improving consumer information regarding the release of greenhouse gases from flights.  The program requires air carrier’s assistance in providing passengers with information regarding greenhouse gases emissions resulting from each individual flight. 

Section 707- Study on Certain Climate Change Mitigation Efforts.  The Secretary of transportation will get $1,500,000.00 for its implementation and compliance.

Section 199998- Aircraft Greenhouse Gas Emission Standards.  The EPA Administrator shall promulgate final regulations establishing emission standards for emission of greenhouse gases from both, new and in-service aircrafts, pursuant to section 231 of the Clean Air Act. 

Of the three, this is, in my opinion, the most expensive and the crown jewel of the Green New Dealers.  Guess who is going to pay for it folks, you!

The following are a few goodies for the Federal Railroad Administration.

  • Safety Operations- $250,000.00.  That’s it?  We have had many accident involving railways and the only get the price of a house on a so-so neighborhood for safety operations?  Safety First!  Right!
  • Northeast Corridor Grants to the National Railroad Passenger Corporation or as you know it, the failing AMTRAK-  $492,000,000.00
  • Federal Transit Administration, Transit Infrastructure Grants-  $25,000,000,000.00

Last but not least, the United States Postal Service.  All the debt will be forgiven and they will have access to loans in the amount of $15,000,000,000.00.

I know this one is not going to sit well with a lot of people, after all many people see the Postal Service as an arcane and expensive institution.  In addition, they are not really considered a part of the Federal government, so folks are going to ask why.

Understand this; the USPS retirement fund was destroyed by the Congress.  The USPS has been used by Congress, both Democrats and Republicans, as a slush fund, with an unbearable amount of liabilities.  The USPS has been paying retirement funds for people who haven’t been born yet.   That’s crazy in my opinion.

The way I see it, the Congress is taking an opportunity to right a wrong, and if the Smithsonian can get some Pork Barrel money, I’ll be dammed if the USPS can’t enjoy the same benefit.  I need the post office, we all do.

Among some the things that got my attention were the fact this legislation erases all the Executive Orders signed by President Trump regarding Federal employee’s collective bargaining and official time.  Section 16003, nullifies all E.O.’s related to employee collective bargaining.  A big win for the federal unions and the Democratic Party.

The worst thing about all this Pork Barrel spending is that it has been enacted and signed into law by using the Coronavirus as a sort of Trojan horse. Trust me, there are more hidden pork rinds on this bill, I am only showing you a handful. This is 1,400 plus pages and most of it filled with government waste.

Watching the President on television touting this $2,000,000,000,000.00 as a great victory for the American people was very confusing to me.  I don’t know how adding more money, we don’t have, to the debt is a victory of any sort. 

I understand the American people are hurting, but they are hurting because the same government scared the population, lockdown states and cities, and put people out of work in the process.  The statistics of the Coronavirus haven’t even reached the mortality rates of the Common Flu, and most experts now agree it won’t.

In my opinion, this has been an overreaction by government, one they were not ready for.  It is time for the Federal, State and Local governments to reopen businesses.  The government is not going to rebound this economy, and that’s a fact, only the people will. 

Extending unemployment benefits is not the answer; it only encourages able body people to stay home.  Would someone want to go back to work when they are making more money sitting at home?

The United States government is going to spend $250,000,000,000.00 by sending checks to families, but this money is no good if the same government is going to keep people lockdown and without the ability to work and provide for their families.  This is a onetime deal and it is unsustainable as it stands.

One piece of advice to the President, stop praising China and President Xi on national television.  People are out of work and in home confinement because of China, it doesn’t sit well.

Ordering American companies, like General Motors, to produce items for the well being of the American people is fine.  President Trump, you went on television and stated you were ready to help other countries with ventilators and Personal Protection Equipment.  Say what?  We can’t even supply our own people and hospitals!  “America First”, remember!!

Also, stop calling this a “War”.  It is not a war; it is a virus that we were unprepared for.  I am a combat veteran, I seen war and this is not it.  You are not a “War Time” president, which is fine, you are a president during a humanitarian crisis and the people need more leadership and less bravado.

Folks, I hope this is the end of the reckless spending coming out of Washington, but I have heard rumors that a 4th Stimulus package is in the works.  Who’s going to finance this spending China or Russia? God help us!