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Home Front: Culture Wars
Gun Owners of America Applies for a Red Flag Order for Senator Charles Schumer
2020-03-07
[TheTruthAboutGuns] In the wake of Senator Chuck Schumer’s threat against two Supreme Court Justices...

"I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price. You won’t know what hit you, if you go forward with these awful decisions."


Gun Owners of America have sent a letter and "red flag" order application to New York Governor Andrew Cuomo requesting a Temporary Extreme Risk Protection Order for the Senator.
Which Alinsky rule was it to make them live up to their own rules?
It should be interesting to see if a judge will simply dismiss this as unfounded, ruling that Schumer’s public statement was mere political hyperbole. Even after the Chief Justice of the United States Supreme Court has called Schumer’s statement was "threatening" and "dangerous."

It might be hard for even a New York judge to conclude that Schumer’s tirade wasn’t an actual threat when the Chief Justice and a top lefty law prof have acknowledged that’s exactly what it was.

Naturally, a confiscation order will have to disarm Senator Schumer’s security detail as well, just because he might get access to those guns.

Of course, since this application is based on actual evidence ‐ Schumer’s own recorded words ‐ rather than unsubstantiated feelings, a red flag order isn’t really needed. His very public threat happens to be a violation of New York Consolidated Law § 240.30(1)(a).

A person is guilty of aggravated harassment in the second degree when:

1. With intent to harass another person, the actor either:

(a) communicates, anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person, or a member of such person’s same family or household as defined in subdivision one of section 530.11 of the criminal procedure law, and the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person’s physical safety or property, or to the physical safety or property of a member of such person’s same family or household; or

Threatening is a Class A misdemeanor good for 12 months in jail. Or, since this threat went out to the world ‐ interstate ‐ 18 U.S. Code § 875 could apply. That one is good for five years.


The other well known problem with red flag orders is that not only do they leave the dangerous person on the street to threaten more people, they don’t get the disturbed Senator the help he so clearly needs.

Hopefully, that state will also invoke § 9.39(a)(2) in order to take him into custody for mental health evaluation and treatment.

2. a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm.

Let’s sit back and watch the two-tier legal system at work. Will Schumer’s threat draw the same law enforcement attention you would attract if you tweeted that same statement about a couple of highly placed officials in the judicial branch (i.e., a guaranteed contact from the FBI)?
I doubt this will go anywhere, but can you imagine this being allowed to go forward? The left would die of a collective hissy fit.
Related:
Chuck Schumer: 2020-03-05 Chief Justice Roberts issues rare rebuke to Schumer's 'dangerous' and 'irresponsible' comments; Schumer fires back
Chuck Schumer: 2020-02-05 Dems Leave Chair Empty At State Of The Union To Honor Fallen Hero Soleimani
Chuck Schumer: 2020-01-31 GoFundMe Closes Account For Co-Founder Of BDS Al-Awda
Related:
Andrew Cuomo: 2020-03-02 Coronavirus roundup
Andrew Cuomo: 2020-02-06 Homeland Security Suspends Enrollment of New Yorkers in Global Entry
Andrew Cuomo: 2020-01-17 Army Times Puts A 28-Year-Old Who's Touted Her Hatred For Trump In Charge
Posted by:DarthVader

#11  It caused John Roberts to cower when Obama did it. I was surprised when Roberts stood up to Schumer.
Posted by: Varmint Splat1454   2020-03-07 20:11  

#10  Schumer did it because Obama got away with it.
Posted by: Varmint Splat1454   2020-03-07 20:07  

#9  Re the statute, from the request for a Red Flag order:

Senator Schumer’s threats violate 40 U.S.C. section 6134 which states: “It is unlawful to ... make a harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds.”

The penalty for violation of that statute is a fine or imprisonment of not more than 60 days, or both. See 40 U.S.C. section 6137(a). The American people await the action of the U.S. Attorney for the District of Columbia in enforcing that criminal statute.
Posted by: Lex   2020-03-07 16:37  

#8  Senior Members of the Congress are authorized US Capitol Police Protective details. They are federal police officers with concurrent jurisdiction throughout the entire US and are armed with full police powers. think federal marshals for the legislative branch.
Posted by: NoMoreBS   2020-03-07 15:34  

#7  The left will attack the court as long as it's majority conservative. If it were majority liberal the left would defend the court with equal viciousness.
Posted by: M. Murcek   2020-03-07 13:41  

#6  I could be wrong but I don't believe that senators get Secret Service protection. Disarming the senator and his security detail would most certainly have a chilling effect on him. Of course, 12 months in jail would cool his jets too.
Posted by: Abu Uluque   2020-03-07 13:22  

#5  Seeking a red flag order is creative. However, Schumer doesn't seem like a guy who would go packing. Doesn't he have SS protection?
Posted by: JohnQC   2020-03-07 13:05  

#4  Looks like the best thing that can be done is to vote Schumer out of office. He has a history of somewhat veiled threats; some not so veiled as with SCOTUS threats.
Posted by: JohnQC   2020-03-07 13:00  

#3  Recently someone was sentenced to 15 years for threatening a federal judge...check it out.
Only issue is our two tier justice system..
Posted by: crazyhorse4   2020-03-07 02:25  

#2  ^But will
Posted by: g(r)omgoru   2020-03-07 02:04  

#1  It was clearly and unmistakably a specific threat made to a howling mob, on the Supreme Court steps, against two sitting Justices whom this thug called out by name.

This is serious stuff.
Deadly serious. Shouldn't be allowed to stand.
Posted by: Lex   2020-03-07 01:03  

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