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America’s Constitutional Order Under Attack

Newsletter | March 30, 2023

We the People

“Our constitution was made only for a moral and religious people,” wrote John Adams, the second President of the United States “It is wholly inadequate to the government of any other.”

Adams’ assessment of the character required of men and women to abide by the supreme law of the land was shared by other Founding Fathers, including James Madison, the fourth U.S. president. Frequently hailed as the Father of the Constitution, Madison declared in Federalist No. 55, that the pact binding together the original thirteen states demands “sufficient virtue among men for self-government.” 

The question now before us is, what happens when the people are cut off from the source of morality, religion, and virtue? That is, what consequences befall an America whose ruling class deliberately sets about to extinguish the light that guides us? We are now tragically beginning to get a clearer picture of what a Godless America looks like.

In our most recent newsletters, we explored The Federalist Papers in a series of articles published to educate and inform our fellow Americans as to the significance these historic writings are to the birth of our nation. These crucial American essays and articles authored by three of the Founding Fathers — Madison, Alexander Hamilton, and John Jay — urged the thirteen states to ratify the Constitution to set into motion a design of ordered liberty – a decent civil society rooted in faith and individual freedom.

Now we turn our attention to America’s norms and practices, social and cultural along with political and legal, created by the Constitution, or what is called the “constitutional order.” In the first few installments of our new series, we’ll start by describing how that order is under attack and later in the series, explore how we may, as a nation, repair it.

You likely followed the reports from earlier this week about a murderous assault on a Christian elementary school in Nashville, Tennessee that left six dead, three of them children. That the killer was a purported transgender activist underscores the plain fact that Americans have inched toward understanding in the last several years: Our struggle to preserve our inalienable rights to life, liberty, and the pursuit of happiness is not simply political but is also, maybe primarily, spiritual.

Our constitutional order holds that we are equal under the law because we are all created in God’s image. But this essential insight is precisely what transgender ideology is determined to undermine – “make” ourselves in whatever fashion we deem fit. And do not forget, that transgenderism is an industry as well, enriching corporate elites in the pharmaceutical and medical industry, including major political donors, all profiting from the despair of others.

With transgenderism now a pillar in the ruling establishment’s twisted and anti-Christian ideology, the violence we saw this week, and the political class’s hollow response to it, alerts us to the fact that lines are being drawn against Christians and other people of faith. Out to destroy our country, they will use whatever means useful to bring chaos, disorder, and confusion to this nation – children, manipulation, executive orders, hypocrisy – whatever it takes. We urge you to join us in standing for our rights and defending our lives in a fight we never asked for but one that may decide the future of our nation. 

Please participate in our Reader’s Survey. Your insight and thoughts are important to us to learn what is on the minds and in the hearts of our fellow Americans. We read them all and share some of them every Monday at 9 a.m. during America’s Future live broadcasts with our Executive Director Mary O’Neill on America’s Mondays With Mary. Thank You!

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Speaking Out With American Leaders

Kash Patel was a senior figure in the Donald Trump administration, serving as former chief of staff for the department of defense and deputy director of national intelligence. Before that, the former federal terrorism prosecutor was lead investigator in the House Intelligence Committee’s Russiagate probe. Recently, we asked him a few questions about his current plans and where he thinks America is going.

Congratulations on your new book coming out in June, Government Gangsters. Can you tell us about it?

Government Gangsters is the roadmap on how we win in 2024 and return the agencies and departments to serve the American people. In Government Gangsters, I outline all those in leadership positions, Republicans and Democrats, who failed in their duty, violated their oath of office because they didn’t like the commander-in-chief. I discuss how personnel, coupled with congressional levers, can blow up the Deep State. And most importantly, how we restore our constitutional republic to serve the American people.

Can federal law enforcement be reformed?

Yes, the FBI and other agencies can be reformed, and it starts with personnel and shutting down government boondoggles like a new FBI headquarters. Let’s turn the current headquarters building into a free museum showcasing the Deep State and send all agents and staff into the 90-plus FBI field offices across the country to do actual law enforcement, rather than politics. A small contingent can remain in Washington, DC at an offsite location, everyone else should be chasing down criminals.

What most needs to be fixed in our government?

We must abolish the two-tier system of justice that has been glaringly on display during, among others, the Department of Justice’s investigation of Trump for holding classified documents vs its investigation of Biden for the same matter. To do so, we must suspend funding these politically oriented government gangsters, and replace them with America-first leaders who will return to a uniform system of justice. We must also take on the judges who are accomplices with those in the executive branch that seek to destroy due process. Just look at the January 6 cases. And congress must begin impeaching those on the bench that blatantly acted based on politics, and not the law.

Do you think the Department of Justice will indict Donald Trump?

I don’t think so. I believe they’ll produce a report, like Robert Mueller did, which will all but say Trump is a criminal, but that they just couldn’t find the proof. And that of course represents another violation of due process and standard DOJ practice.

After President, what is the most important job in federal government?

I may be biased, but the Secretary of Defense and intelligence community leadership positions are the most critical because they dictate national security. We now see what happens when America is sidelined: The Chinese Communist Party brokers deals between Iran and Saudi Arabia. Xi Jinping and Vladimir Putin have taken over the world stage while Joe Biden is talking about ice cream. 

Editor’s Note: This week, we begin a new section in our newsletter, Speaking With American Leaders, to learn more about our fellow Americans in their own voice and their contribution to our nation’s fight for freedom.

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Twenty-Third Amendment – Residents of DC Gain Suffrage but Remain the Seat of our Government

U.S. Capitol Building

Welcome back to our series surveying the 27 constitutional amendments ratified over the course of our history as a sovereign nation, a Constitutional Republic.  Each amendment revises our Constitution, alters the course of history, and, in one way or another, advances America closer on her path to exceptionalism.  This week we review the Twenty-Third Amendment.

The Twenty-Third Amendment was proposed by Congress on June 16, 1960, and ratified by the states on March 29, 1961. The Amendment conferred citizen-residents of our national capital and the seat of our government, the District of Columbia (DC), the right to choose electors and thereby vote in U.S. presidential elections. And, in 1964, following ratification, Lyndon Johnson received DC’s three electoral votes. The text of the Twenty-Third Amendment, in its entirety, states,

Section 1
The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2
The Congress shall have power to enforce this article by appropriate legislation.

Following ratification of the amendment, in 1970, the District of Columbia Delegate Act was passed, allowing citizens of the District of Columbia authorization to vote for one non-voting delegate in the House of Representatives.  

DC derives its status as the seat of our government directly from the Constitution.  Article I § 8, cl. 17 states, “The Congress shall have Power…To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of Government of the United States.” 

The Framers carefully and deliberately designed the seat of the national government to be a unique political district under Congress’ exclusive control. In 2000, the Supreme Court of the United States weighed in on the issue of “statehood” by affirming (without opinion) Adams v Clinton (2000), a three-judge panel opinion out of the District Court for the District of Columbia rejecting the plaintiffs’ requested relief for statehood status and further ruling against all other constitutional arguments that DC’s lack of congressional representation violated the Constitution.

Today and since the enactment of the 1973 DC Home Rule Act, DC has operated with a Mayor–Council form of local government.  DC’s local government retains near-plenary authority over the day-to-day affairs of DC residents, although Congress retains a right to review and overturn laws created by the Council and, with good cause, intervene in local affairs.  The Council is composed of “a Chairman elected at large and twelve Members–four of whom are elected at large, and one from each of the District’s eight wards. A Member is elected to serve a four-year term.” 

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Fifth Circuit Ruling Reigns In Executive Branch Overreach in Favor of Freedom

On Thursday, March 23, 2023, the United States Court of Appeals for the Fifth Circuit published an 89-page en banc ruling in Feds for Medical Freedom, et al. v Biden, Dkt. No. 22-40043, affirming the lower court’s nationwide preliminary injunction originally put in place to prevent the imposition of a COVID vaccine mandate from being enforced against all federal workers, absent a religious or medical exemption. (An “en banc” ruling is one in which all judges of a particular court participate.)

The full court opinion vacated its own three-judge panel ruling which had removed the injunctive relief on jurisdictional issues, thus declining to review the merits of the injunctive relief sought.  The Fifth Court’s en banc analysis agrees with the well-reasoned arguments of the Amicus brief America’s Future filed in this case on September 2, 2022.

Our Amicus brief and last week’s en banc ruling express legitimate concerns that the unprecedented power grabs of the Biden administration and its “alphabet soup” of executive agencies, e.g. IRS, EPA, ATF, FBI, CMS, etc., are designed to broaden the scope of executive power, usurping congressional power and commandeering the freedoms of We the People. In our system of checks and balances, this case provides a mechanism for courts to check and reign in the executive branch, from the office of the President through to the bureaucratic web of administrative agencies.

The majority opinion, authored by Circuit Judge Hon. Andrew Oldham, explains that the Civil Service Reform Act of 1978 (CSRA), the law central to this case and relied upon by the administration as its source of authority to seize medical choices from Americans, does not permit the federal government to commandeer the personal medical choices of Americans.  The CSRA covers employment actions and personnel practices of the federal government and provides remedies for federal employees aggrieved by the actions of their boss, but only to the extent the employment actions are covered under the Act.  And, in keeping with common sense and notions of freedom against tyranny, the en banc ruling makes clear that the CSRA does not provide for circumstances such as these, where an employee is compelled to make an irreversible medical decision or be terminated.  To overcome jurisdictional issues, Judge Oldham referenced Gustafon v Adkins, 803 F. 3d 883, a 2015 Seventh Circuit opinion, holding the installation of hidden cameras in employee changing rooms was outside the realm of “employment actions” subject to the CSRA, thus permitting court intervention.

Judge Oldham describes the termination of federal employees who refuse to be vaccinated as akin to installing peepholes or assaulting an employee as pushing the executive power beyond its breaking point, stating,

[The “CSRA”] doesn’t apply to personal medical choices… because if “working conditions” does not include peephole cameras in workplace changing rooms, it certainly does not include private, irreversible medical decisions made in consultation with private medical professionals outside the federal workplace.

In his concurring opinion, Circuit Judge Hon. James C. Ho recognized the dangers associated with the bloat of the federal government bureaucracy, describing the work environment of the federal government as an “accountability-free zone.” Judge Ho writes,

As anyone who has ever held a senior position in the Executive Branch can attest, federal employees often regard themselves, not as subordinates duty-bound to carry out the President’s vision whether they personally agree with it or not, but as a free-standing interest group entitled to make demands on their superiors 

Americans possess a deep-rooted aversion to unlawful overreach by those in power dating back to the founding of our country when the 13 coalonies of the British Crown revolted against tyranny and prevailed in the American Revolutionary War.  We, at America’s Future, are pleased with the Fifth Circuit en banc decision. And, in the words of Supreme Court Associate Justice, Hon. Neil Gorsuch, “government is not free to disregard constitutional rights in times of crisis.” 

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Unequal Justice Under Law

DOJ Informant Found in January 6 Defense Team

This is the thirteenth entry in our expanded IN FOCUS section addressing corruption in the U.S. Department of Justice and the self-destruction of the FBI. Readers will find the compilation of the complete series of articles at Unequal Justice Under Law.

Just when we thought the persecution of January 6 defendants by the U.S. Department of Justice (DOJ) couldn’t get any worse — it did.

Jen Loh

Exactly one day before she was to testify as a defense witness for defendant Zachary Rehl, DOJ lawyers disclosed to Rehl’s attorneys that their defense witness was actually an FBI informant.  The New York Times identified that informant as Jen Loh, a Texas-based activist who once ran “Latinos for Trump.”  (Extending the deception further, Loh apparently is not this informant’s real name.)

Loh had been an FBI informant since April 2021, well before Rehl’s trial even began.  The worst aspect of the story is not just that Loh had agreed to be a defense witness.  Loh had embedded herself into the defense team.  She had spent the past year “talking with the members of the [Proud Boys] group and their defense counsel about the case and suggesting possible witnesses and attorneys who could help. All the while, [she] was also a paid FBI informant.”

The DOJ had known since at least December that Rehl’s defense team trusted Loh so much it

included her in meetings with the lawyers formulating defense strategy.  Compounding that breach of law and ethics, DOJ lawyers failed to reveal the information to defense attorneys for another three months.

And Loh did not confine her dirty work to the Rehl case.  Loh was “involved with multiple defendants in the case [and] their lawyers as well.”  The DOJ spy went so far as to attend prayer meetings with the political prisoners’ families. Imagine the kind of person who would do that?  

DOJ lawyers deny they ever asked her to spy, but at this point it certainly looks like Loh’s contacts with the defendants and their attorneys compromised their constitutional rights — including attorney-client confidentiality and the Sixth Amendment right to counsel.

Access to Privileged Emails

Apparently the DOJ had many ways of spying on the January 6 defendants.  Nicole Miller, a lead FBI investigator assigned to Rehl’s case, discussed with another investigator “the content of emails exchanged between Zachary Rehl … and his former lawyer.”  Miller texted the other investigator:  “I need to find other emails, but this one email definitely indicates that they want to go to trial.”  In another thread, another agent messaged Miller, “Found an email thread with Rehl and his attorney….The attorney raised some interesting points.”  Not explained is how the investigator gained access to confidential and privileged attorney-client communications.  “Another agent told Miller an FBI supervisor instructed the unidentified agent to destroy ‘338 items of evidence.’  To which Miller reacted, ‘OMG INSANE.’”  

Rehl’s defense lawyers have now asserted in court filings that they believe the government “doctored internal reports, destroyed evidence, and tipped off prosecutors about defense strategy on the government’s highest-profile January 6 case.” 

The DOJ has bitterly fought defense efforts to admit evidence of the spying by agents of the FBI and DOJ on legally protected, confidential defense communications.  Even when evidence has been submitted, it has been in the form of vast “document dumps” of mostly irrelevant information, with no specificity as to what information the government actually intends to use as evidence.  Defense attorneys, often overworked and understaffed public defenders, have been forced to file multiple motions asking the court to require the government even to identify the information it intends to use as evidence.

District Court Judge

If there had been even a hint that a defense attorney sent a spy into a U.S. Attorney’s office to learn prosecution strategy, or had intercepted privileged emails, almost any federal district judge would have had the defense attorney taken out of the courtroom in chains.  Is that what happened here?  Not exactly.  

Reporter Julie Kelly authored the book, January 6: How Democrats Used the Capitol Protest to Launch a War on Terror Against the Political Right.  Ms. Kelly has covered this story extensively.  She reported that the team led by DOJ attorney Matthew Graves not only misled, but “continues to mislead court and defendants about actual number of FBI informants.”  But the judge in the case, District Judge Timothy Kelly, is a former prosecutor, who Julie Kelly reported “folded to nearly every government demand.  He accepted at face value the explanation that the destroyed evidence pertained to an old criminal case and was not relevant to the Proud Boys’ trial.  He also refused to take up arguments about violations of the defendants’ Sixth Amendment rights….”  

Defense attorneys have tried to fight back, despite the slanted playing field.  “The principle is well established that surreptitious invasions by the government into meetings between attorneys and their clients or witnesses are forbidden, as is any attempt to stealthily uncover the defense’s trial strategy,” said Rehl defense attorney Carmen Hernandez.

Defense counsel Hernandez demanded that the DOJ immediately release the names of any more informants still on assignment within the defense team.  She noted that the DOJ’s conduct raises “serious and substantiated allegations of governmental misconduct” involving “surreptitious invasion and interference of the defense team by the government.”  She filed a motion to dismiss charges, arguing that the DOJ’s misconduct is “a clear and flagrant Sixth Amendment violation”that “screams for a dismissal.”  

As this article is being finalized, Judge Kelly refused to allow the defense to raise Loh’s history as a FBI informant in court, so the defense decided not to call her as a witness.  The final story about what the DOJ did or did not do here is still to be revealed, but at the moment it looks bad.  

It is no longer fashionable to quote Scripture in court, but judges should read Ecclesiastes 8:11:  “Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil.”  If federal judges allow DOJ lawyers to abuse the justice system, the innocent will go to prison and we all will suffer the consequences as our “justice” system collapses before our eyes.

To read the entire series of articles, please click here.

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Reminders & Updates

Join hundreds of Americans who have signed up to be a part of America’s Future Project Defend & Protect Our Childrennetwork to help end child exploitation, abuse, and trafficking. Visit the Project’s web page here to watch multiple videos describing the initiative and download our tips sheets for suggestions you can do in your community. The first issue of the PDPC Bulletin will be released tomorrow. Sign-up now to ensure you receive this inaugural edition.

Join hundreds of Americans who have signed up to be a part of America’s Future Project Defend & Protect Our Childrennetwork to help end child exploitation, abuse, and trafficking. Visit the Project’s web page here to watch multiple videos describing the initiative and download our tips sheets for suggestions you can do in your community. The first issue of the PDPC Bulletin will be released tomorrow. Sign-up now to ensure you receive this inaugural edition.

MARK YOUR CALENDAR: The next Champions For America “Conversation with General Michael Flynn” webcast is scheduled for Tuesday, April 4, 11 AM ET. Become a Champion and join this live broadcast!

SHOP TIL YOU STOP: We hope you love America’s Future new online shop display and ease of accessing your favorite items! There are many new products, including a full assortment of tees for the whole family, a wide range of accessories like coffee mugs and totes, and a special line dedicated to our Project Defend & Protect Our Children. Thank you for your support!

AMERICA’S MONDAYS WITH MARY: Tune in every Monday morning at 9 a.m. (ET) to watch our Executive Director Mary O’Neill report out on the comments and insights submitted via our weekly Reader Survey and listen to updates about America’s Future activities and what’s ahead at America’s Mondays With Mary.

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