Lynch Overruled FBI: Obama Admin can Deny Firearms Sales to those on Terrorist Watch Lists


The “no-fly” list and the “terror watch list” are clearly unconstitutional. A person can be placed on either without being informed, without knowing who put them on the list, without a clear mechanism to have themselves removed from the list, and without a clear means of appeal. Often people on the list are placed there because of a mixup. Senator Ted Kennedy was placed on the list, so was a two year old boy who has suffered numerous friskings and delays when traveling because his name was similar to someone who may or may not have been appropriately added to the list. It is now eight years later, and no one can tell his parents who to contact to get him removed from the list.

This is a huge violation of due process, and given the way it is secretly carried out, it is a perfect mechanism to harass and disarm any and all citizens who irritate or challenge the administration. It could easily be used to deny firearms to the president of the NRA, or to a congressman who supports the 2nd Amendment. The law says we must know who our accusers are, and be able to respond to them. That is not the case with these lists.

Attorney General Loretta Lynch overruled FBI Director James B. Comey this week, saying the Obama administration does support denying firearms sales to those on terrorist watch lists and that it can be done without harming investigations.

Mr. Comey last year had told Congress that denying sales could “blow” his agents’ investigations into potential terrorists. But his superiors at the Justice Department issued a statement Thursday saying they want to see Congress approve the “no-fly, no-buy” plan Democrats are pursuing.

“The amendment gives the Justice Department an important additional tool to prevent the sale of guns to suspected terrorists by licensed firearms dealers while ensuring protection of the department’s operational and investigative sensitivities,” department spokesman Dena Iverson said in a statement.

In the wake of the weekend’s terror-related shooting at a gay nightclub in Orlando, Democrats have zeroed in on guns, arguing that Omar Mateen’s rampage could have been avoided had Congress enacted a ban on gun sales to those on the government’s watch lists, which are supposed to detail those known or suspected to have ties to terrorism.

The FBI has poked holes in that theory, saying that while Mateen had been listed while under investigation a few years ago, he had been removed after the agency was unable to make a case against him.

Under the current system, if someone on the list attempts to buy a firearm, the sale isn’t automatically stopped — but agents are alerted and use that information to help their investigation.

Mr. Comey testified to Congress last year that if a sale is stopped altogether, it could tip off someone to the FBI’s investigation.“It’s a little bit challenging for us because ‘known’ or ‘suspected’ means it hasn’t been adjudicated in every case that somebody is a terrorist,” Mr. Comey told Sen. Dianne Feinstein, chief sponsor of the watch-list gun control proposal. “It’s somebody we’re investigating, so we don’t want to, obviously, blow our investigation.”

Sen. John Cornyn, Texas Republican, has countered with a proposal that would send an alert if someone on the terrorist watch list, or who had been on it within the last five years, attempts to buy a firearm or explosive. The sale could be delayed three days while the Justice Department goes to court to make the case that the transfer should be denied.

Mr. Cornyn’s bill would require the person be notified of the proceeding.

The whole focus of the Democrats is figuring out how to keep Americans from buying, selling, and owning guns. It is a fanatical fetish of theirs that causes stupid decisions and nonsensical claims. The Democrats frequently make up facts and figures to support their anti-gun rhetoric that are wildly overstated or just plain wrong. That does not bother them, because their intentions are “good.” They ignore reams of data showing that an armed populace prevents many crimes and saves many lives.

The most amazing thing is that the Democrats and particularly this administration ignore or diminish the evil and destruction caused by Islamic terrorism, and the president regularly lectures the American people about Islamophobia and the danger of guns. Islamic terrorism is the problem, but somehow Obama is shy about even mentioning the name of the enemy. Of course most of the Democrat political hacks won’t admit that they have armed details and work in secure government offices. If they continue to assert that guns are the problem, they need to lead the way and get rid of their armed protection. I would not spend too much time waiting for that to happen.

Source: washingtontimes.com



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