Category: A Victory!
Montana Attorney General Austin Knudsen, together with 17 other state attorneys general, are asking shipping companies UPS and FedEx to explain their newly implemented policies to track and record Americans’ firearms purchases and disclose whether these policies have been coordinated with the Biden administration.
In letters sent on Nov. 29 to FedEx CEO Raj Subramaniam and UPS CEO Carol B. Tomé, Knudsen and his co-signers wrote that the shipping companies’ policies “allow your company to track firearm sales with unprecedented specificity and bypass warrant requirements to share that information with federal agencies.”
“What both of these companies are saying is that they’re doing this so they can better cooperate with law enforcement,” Knudsen told The Epoch Times. “That’s all fine and well, until you find out that that’s a violation of federal law.”
Based on reports from gun stores, Knudsen’s letter states, FedEx and UPS are now requiring federal firearms license holders to provide details of each shipment to the shipping companies, including the contents and recipient, allowing them “to create a database of American gun purchasers and determine exactly what items they purchased.
Citing the new policies, the letter states: “Perhaps most concerning, your policies allegedly allow FedEx [and UPS] to ‘comply with … requests from applicable law enforcement or other governmental authorities’ even when those requests are ‘inconsistent or contrary to any applicable law, rule, regulation, or order.’ In doing so you—perhaps inadvertently—give federal agencies a workaround to federal law, which has long prevented federal agencies from using gun sales to create gun registries.”
“The ATF [Bureau of Alcohol, Tobacco, Firearms and Explosives] is hoping they’re not going to have a warrant problem,” Knudsen said. “They could just go get this information from UPS and FedEx.”
FedEx and UPS’s new gun-tracking policies follow efforts by Visa, Mastercard, and American Express to also monitor purchases from gun stores, with the intention of handing that information over to federal law enforcement. The Fourth Amendment of the U.S. Constitution prohibits the federal government from conducting searches of U.S. citizens without a warrant and “probable cause” that a crime was committed.
Increasingly, however, banks, credit card companies, and now shipping companies are conducting those searches on the government’s behalf.
The letter demands that the shipping companies respond within 30 days, clarifying their policies and explaining whether or not they acted in coordination with the ATF or any other government agency. It also asks them to clarify a reported “gag order” under which they directed gun shops not to disclose the terms of this policy to the public.
Possible Collusion?
The two letters to UPS and FedEx were virtually identical because the policies the companies implemented appear to be strikingly similar, raising the additional issue of possible collusion between companies that hold an oligopolistic position in shipping. Collusion in restraint of trade has long been illegal under U.S. antitrust laws, including the Sherman Antitrust Act of 1890.
“It’s either collusion, they’re working together, or what I suspect is, it’s probably originating out of the Bureau of Alcohol, Tobacco and Firearms, or the Biden administration,” Knudsen said. His letter recommends that the shipping companies “consider taking actions to limit potential liability moving forward, including the immediate cessation of any existing warrantless information sharing with federal agencies about gun shipments.”
If the shipping companies don’t answer his questions within 30 days, Knudsen said, “I’ll probably start with an actual formal civil investigative demand where we’ll ask for some documentation. That’s short of a subpoena and an actual lawsuit, but, ultimately, if they don’t want to cooperate, a lawsuit is where we’re going to end up.”
In response to the letter, FedEx told The Epoch Times in a statement that “FedEx is aware of the letter from the state attorneys general. We are committed to the lawful and safe movement of regulated items through our network.”
UPS responded that it “has not bypassed any laws to provide customer information to the Biden administration or federal agencies related to the shipment of firearms. UPS will only provide information about our customers or shipments when required to do so by law, such as in response to a subpoena or a warrant.”
UPS “will respond to the letter sent by several state attorneys general to answer their questions and clarify misinformation. UPS will continue to abide by all applicable laws in providing service for firearm shipments,” it stated.
“The policies set forth by FedEx and UPS are troubling, to say the least,” Mark Oliva, public affairs director of the National Shooting Sports Foundation, told The Epoch Times. “They carry with them serious risk of privacy concerns for law-abiding gun owners, and Montana Attorney General Austin Knudsen is correct to be wary of how this information is to be used.
“We know that pressure was applied to these common carriers by antigun Democratic senators and the result was these new policies. It does seem rather coincidental that the Biden administration and certain elected officials that have been frustrated in instituting extreme gun control measures are suddenly and curiously seeing big businesses doing exactly what they are not allowed to do by law.”
Knudsen was asked why the U.S. Federal Trade Commission, which is tasked with protecting consumers against corporate collusion, is taking no action against what appears to be a coordinated effort by the shipping companies to target the firearms industry.
“I think there’s probably pressure from the White House to not do that, which is why you’re seeing AGs in states like Montana that have joined me to push back on this. If the federal government isn’t going to do their job, we’ll step in and make them do it.”
He said that gun shops are being targeted not only by credit card and shipping companies but by insurers as well.
“I’m aware of a number of FFL brick-and-mortar gun shops, and also some retailers that are just middlemen in Montana, that have been denied property-casualty insurance on their business property simply because they’re in the firearms industry.”
EXCLUSIVE — U.S. air marshals are planning to stage an open rebellion against the Biden administration over a plan that would strip 99% of commercial flights from federal protection as people take to the skies during the busiest time of the year for air travel .
Dozens of federal air marshals have agreed to refuse a Biden administration order that they leave their assignments and go to the southern border , where they will drive, feed, and care for illegal immigrants due to a shortage of Border Patrol agents.
“The rank and file air marshals are going to refuse to deploy and risk termination,” said David Londo, president of the Air Marshal National Council, in a phone call with the Washington Examiner on Tuesday. “You’re almost going to have a mutiny of a federal agency, which is unheard of.”
The overseeing agency, the Transportation Security Administration, said in a statement provided after deadline that claims that air marshals are doing menial tasks were “entirely inaccurate and does not reflect the critical and professional law enforcement role these officers perform.”
The administration’s order would leave just 1-in-100 U.S. flights with federal agents on board, one-eighth of its normal coverage.
NIGHTMARE BEFORE CHRISTMAS: BORDER PATROL AGENTS FEAR COLLAPSE OF TITLE 42
It is the first time amid the 20-month-long unresolved border crisis that federal employees have formally turned against President Joe Biden and his Senate-confirmed officials at the Department of Homeland Security . The air marshals are willing to risk everything for how the government is risking national security, Londo explained.
“Morale is so destroyed from this,” said Londo, whose organization serves as an association, not a union. “I’ve never seen anything like this.”
Air marshals would be risking their jobs as inflation rages and the United States potentially heads into a recession.
The air marshals, who are federal law enforcement agents within the Transportation Security Administration’s Federal Air Marshal Service, have been tasked with menial jobs at the border.
Just this week, air marshals pulled from planes and sent to the border were “heating up sandwiches,” driving immigrants in custody to the hospital and waiting inside for hours on hospital watch, and effectively babysitting adults who are already in confined spaces, Londo said.
“These highly skilled [air marshals] are being made to perform mainly non-law enforcement civilian humanitarian duties,” Londo wrote in the letter obtained first by the Washington Examiner.
In mid-2021, the Federal Air Marshal Service asked for volunteers willing to go to the southern border for 30 days and help process the growing number of illegal immigrants in custody. Earlier this month, the government changed course and announced that the deployments would become mandatory.
The air marshals fought the order but only got the length of the deployment dropped from 30 days to 21 days. DHS ordered a minimum of 150 more air marshals to the border on Dec. 7. At present, dozens plan to refuse and are preparing to be fired for taking the stand.
“Air marshals are deployed two to three nights a week. Now they’re taking them away, and their marriages are already on the rocks,” Londo said.
On Monday, the Federal Air Marshal Service’s Miami Field Office announced the deployments would now last indefinitely. Air marshals have already been sent to El Paso, Laredo, and McAllen, Texas; San Diego; and Tucson and Yuma, Arizona.
The council sent a letter to Homeland Security Secretary Alejandro Mayorkas as well as the TSA and Federal Air Marshal Service on Monday, warning them that the order is self-defeating because it makes the skies less safe for people traveling during the busiest time of the year.
“According to the Federal Aviation Administration year to date there have been 2,178 reports of unruly passengers, 767 investigations initiated, and 517 enforcement actions taken. Not to mention the fact there has been two attempted attacks on our homeland since 9-11 during the holiday season,” the letter states. “Your policy has resulted in a complete loss of confidence in Secretary Mayorkas, FAM Director Stevenson, and Administrator Pekoske’s ability to lead DHS/TSA/FAMS.”
Londo pointed in his letter to recent violent passenger attacks midflight that involved weapons smuggled aboard the plane, as well as a cockpit breach on a Southwest Airlines flight last week.
The National Association of Police Organizations issued a statement in support of the air marshals and warned that they were already in a bad place before the deployments became mandatory.
“The Federal Air Marshal Service is understaffed and covering the fewest number of flights since before September 11, 2001,” said NAPO, a coalition of more than 1,000 police departments across the country. “We strongly question the decision by the Department of Homeland Security to divert much-needed aviation security to the southern border especially as we enter the busiest travel season of the year, particularly as a Federal emergency has not been declared at the border.”
Behind the scenes, the council is working with the DHS Office of Inspector General to launch a federal investigation into the Biden administration’s repurposing of air marshals.
Hondo accused TSA Administrator David Pekoske and Federal Air Marshal Service Director Tirrell Stevenson of “fraud, waste, and abuse of authority and violations of federal law” in a letter sent to DHS Inspector General Joseph Cuffari exclusively obtained by the Washington Examiner.
In the Nov. 18 letter, Hondo called on the inspector general to investigate the legality of the air marshal deployments. He wrote that the only exception to pulling air marshals from their jobs would be in the case of a declared national emergency, which has not been declared. Even if an emergency were declared, air marshals would only be permitted to assist other agencies with transportation-related matters.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
The Biden administration has refused to call the record-high number of noncitizens being encountered at the border over the past 20 months a crisis. Border agents have encountered approximately 4 million people attempting to illegally enter the U.S. since Biden took office — more than the Obama administration’s eight years in office.
The TSA defended the operation in a statement provided to the Washington Examiner early Wednesday.
“Federal Air Marshals are performing law enforcement support to the mission at the southwest border,” according to a TSA spokesman. “The TSA Federal Air Marshal Service is a highly valued member of the DHS law enforcement team and has an ever-expanding role within DHS, working closely with other U.S. and international law enforcement agencies to safeguard the nation’s transportation systems.”
Oh shit!
Robert “Jock” McLaren (center) was one hard-core veterinarian. Australian War Memorial photo.
As a species, we are enthralled with seeing people explore their limits. Sometimes it is in the small things. “Would you rather do this by mouth or take a shot?” I will not infrequently query at work.
Some folks will ask for a shot because they are in a hurry or want to get better faster. Others are not in such a rush and make a reasoned decision to take it slower. Then, there are the beefy 21-year-old college guys who get a little weepy and ask if they can call their moms and talk about it. That’s frankly just pathetic.
Many times when discussing hard medical things to come, I have had patients say, “Oh, I could never do that.” I beg to differ. Oftentimes folks just need to be properly incentivized.
It is amazing what the human animal is capable of if there is simply no alternative. Friday runs at Airborne school, 61 days of institutionalized pain and deprivation during the Ranger course, and the horrors of Hell Week during BUD/S that produces baby Navy SEALs are all designed to explore and define a person’s limits. Each institution is carefully crafted to motivate people to quit. Most commonly, a person’s limitations are defined by their circumstances.
In jump school, it is silly stuff like a funny hat and a shiny pin to put on your uniform. However, if there is a threat to a child, then suddenly, that petite 117-pound mom becomes the tactical equivalent of a raging grizzly bear. As the timeless axiom goes, it’s not the size of the dog in the fight, it is rather the size of the fight in the dog. It really does all come down to motivation.
The Problem
The vermiform appendix is a most curious organ. Vermiform means “worm-like.” The appendix is a finger-like blind pouch that sprouts off of the cecum at the junction between the small and large intestines. For ages, we thought the appendix was just an afterthought, something that God inadvertently left in there while He was distracted by something else. In recent years we have come to appreciate that the appendix likely serves as a beneficial reservoir for good gut bacteria. It seems God actually never gets distracted.
The problem is that the appendix is bad to get clogged up and infected. Appendicitis is one of the most common indicators of emergency surgery. In 2015, there were 11.6 million cases of appendicitis and 50,100 deaths worldwide. If your appendix gets ripe, that thing has to come out. Now hold that thought.
The Manliest Man in the World
Born in Scotland, Robert Kerr “Jock” McLaren served as a grunt in Europe during World War I. After the war, Jock immigrated to Queensland, Australia, studied to become a veterinarian, and settled down to make a life for himself. When Australia was dragged into World War II, Dr. McLaren volunteered to go off and do his bit yet again.
During one engagement with the Japanese in 1942, Jock McLaren was captured and remanded to the hellish Changi POW camp in Singapore. The Japanese viewed captured soldiers with particular disdain and typically tried to work and starve them to death. McLaren escaped in short order and, upon his recapture, was transported to another ghastlier camp in Borneo.
Jock escaped yet again along with a Chinese comrade named Johnny Funk and trekked 270 miles across the Pacific, hopping from island to island in a hollowed-out log. Once they arrived on the island of Mindanao, they realized that the Philippines had fallen to the Japanese … and that Jock McLaren had developed appendicitis. With the Japanese actively hunting for them, Jock now had a hard decision to make.
Equipped solely with a razor blade, two spoons, and a hand mirror, Jock McLaren removed his own appendix. He sort of sterilized his equipment by boiling water in a rice pot over a campfire. The operation took four and a half hours without anesthetic. He closed the wound with plant fibers harvested from the surrounding jungle. Two days later, he was on his feet and evading the Japanese yet again. Soon thereafter, McLaren was fighting alongside Philippine guerillas.
Jock McLaren commandeered an antiquated 26-foot whaling boat he christened The Bastard, festooned it with pilfered mortars and machine guns, and used the vessel to terrorize occupying Japanese troops. Despite a hefty bounty on his head, McLaren survived the war. Of his surgical ordeal in the jungle, he later opined, “It was hell, but I came through all right.” I suppose it really all comes down to your motivation.
With friends like this who needs enemies right? Grumpy
Numbers released Monday show that the FBI ran 192,749 National Instant Criminal Background Check System (NICS) background checks on Black Friday 2022.
The National Shooting Sports Foundation (NSSF) noted that the 192,749 NICS checks on Black Friday 2022 “[rank] it third in the Top 10 Highest Days for NICS checks and…[represent] a 2.8 percent increase from Black Friday 2021.”
The FBI conducted 187,585 NICS checks on Black Friday 2021 and 186,645 checks on Black Friday 2020, Breitbart News reported.
The NSSF observed that there were 711,372 NICS checks “during the week leading up to and including Black Friday.”
The strong Black Friday NICS check numbers come after surges in gun sales during recent years.
For example, on October 6, 2022, Breitbart News reported retailers had sold over one million guns a month for 38 consecutive months.
Mark Oliva, NSSF managing director for public affairs, spoke to Breitbart News about the gun sales, noting the “38 continuous months of when background checks for firearm sales have exceeded 1 million” and added, “That’s a remarkable sustained trend and demonstrates that the firearm industry is meeting this continued increased demand for firearm ownership.”