Category: Politics

  • Obama’s legacy has sailed…

    Obama’s legacy has sailed…

    A week ago Rick Moran wrote a piece here at American Thinker pointing out that the Obama administration was preparing to “send a message” to Russia and its geo-poker playing leader, Vladimir Putin. Following the Democrat party’s and Clinton campaign’s talking points that the WikiLeaks releases of embarrassing emails were the work of Russian intelligence, Obama was damn well going to show those sneaky Russians that they couldn’t get away with such blatant interference in an American presidential election. According to CIA officials, they were tasked by the White House to deliver the commander in chief a range of options. According to NBC News, what he quite publicly has selected to do is to conduct a “secret” retaliatory cyberwarfare attack on the Russians.

    Never mind that Obama and Hillary were quite critical of Russia’s Duma (Congressional) elections back in 2011, our sovereign leader simply cannot tolerate this pushy Putin prying into our presidential politics. This royal outrage has resulted in our grandly-announced “secret” cyber-attack on these nefarious Russians, an announcement that immediately got Putin’s attention and gave that Bolshevik bully pause for thought. Yep, he thought about it all right, just long enough to assemble a naval task force in the Baltic and sail it with all flags flying right down through the English Channel, blowing black bolshie smoke throughout the entire “in-your-face Obama” transit.

    Ship

    I’d love to be the fly on the wall to catch the expression on Obama’s face when he reviews the intelligence videos of this Russian carrier sailing merrily through waters long-considered off limits to Russian naval vessels. That is one huge Slavic middle finger and it clearly demonstrates to the world that American voters just might learn something from their Russian counterparts when it comes to electing a national leader with some steel in his spine and some weight between his legs. I know it sounds counterintuitive, folks, but seriously, don’t you think our great leader pales just a bit compared to Bad Vlad in this geo-political jousting? Ask the president of the Philippines for starters. He’s likely at the top of a growing and very long list. I think it is becoming clearly evident to the entire world that there is a markedly meaningful difference between the makings of a Russian KGB colonel and that of a Chicago community organizer.

    Obama’s legacy has sailed and future scholars may require SCUBA gear…

    Crossposted at American Thinker

  • The ongoing legal battles with Dan Bernath

    Obviously we haven’t written about this much lately, for two good reasons.   1) The dude revels in the attention and 2) he takes comments that you all make, and then tries to sue you guys, and/or hold us responsible for comments under some sort of asinine conspiracy theory/RICO Act or Gang Statute.  So let this serve as your warning, if you comment with something stupid, he’s likely to add you to the lawsuits, and you really don’t want that.

    And just how many cases are we talking about? The following Bernath-filed lawsuits or complaints all deal with the same or overlapping parties or fact allegations:

    1. A pending case filed by the Plaintiff, Daniel A. Bernath, in the US District Court, Middle District of Florida, on June 16, 2015 (Daniel A. Bernath v. Mark Cameron Seavey, Case No. 2:15-CV-00358-FtM-99CM);
    1. A pending case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on December 28,2015 (Daniel A. Bernath v. YouTube LLC, et al.. Case No. 15-CA- 3259). The case was involuntarily dismissed by the court with leave to amend, which the Plaintiff subsequently abused. A motion for dismissal with prejudice is pending before the court;
    1. A pending case filed by the Plaintiff, Daniel A. Bernath, in the US District Court, Middle District of Florida, on January 25,2016 (Bernath v. YouTube LLC, et al., Case No. 2:16-cv-00040-JES-CM);
    1. A pending case filed by the Plaintiff in the United States District Court for the Eastern District of Virginia on May 16,2016 (Bernath v. Extreme Seal Experience LLC, et al.. Case No. 2:16-cv-185);
    1. A pending case filed by the Plaintiff in the United States District Court for the District of Maryland (Greenbelt Division) on April 14, 2016 (Bernath v. YouTube LLC, et al., Case No. 8:16-mc-00302);
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the United States District Court for the District of Maryland on June 6, 2016 (Bernath v. Extreme Seal Experience LLC, et al., Case No. JKB-19-1992). The case was involuntarily dismissed by the Court on August 26, 2016;
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on June 20, 2014 (Bernath v. Hoey, et al., Case No. 14-CA-1838). The case was voluntarily dismissed by the Plaintiff on October 2, 2014;
    1. A case filed by Dan R. Hyatt against the Plaintiff, Daniel A. Bernath, in the Circuit Court of Multnomah County, Oregon, wherein the Plaintiff filed a cross-claim against The American Legion and Mark Cameron Seavey, as well as other defendants, on July 14, 2014 (Hyatt v. Bernath, Case No. 1401-00633). The case was involuntarily dismissed by the court on October 6, 2014;
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on November 13, 2015 (Bernath v. Donald Shipley, Case No. 15-DR-032430). The case was involuntarily dismissed by the Court on January 26, 2016;
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on November 13, 2015 (Bernath v. Diane Blazer Shipley, Case No. 15-DR-032431). The case was involuntarily dismissed by the Court on January 26, 2016;
    1. A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on March 2,2016 (Bernath v. Donald Shipley, Case No. 16-DR-030409). The case was involuntarily dismissed by the court on March 2, 2016;
    1. A pending complaint filed by the Plaintiff, Daniel A. Bernath, to The Florida Bar on or around July 22, 2016, against Mark C. Seavey for unlicensed practice of law;
    1. A pending complaint filed by the Plaintiff, Daniel A. Bernath, to the Judicial Qualifications Commission of the State of Florida on or about July 15,2016, against Circuit Court Judge Elizabeth V. Krier (Docket No. 16-288 Krier).

    Mind you this list doesn’t even include the plethora of attempted restraining orders that haven’t worked, attempts to have law enforcement do stuff to us, complaints against me to the Indiana Bar, his alleged Bar complaints against my attorneys, and just his general nuisance making.  (Like whoever *cough* has made random repeated complaints to child protective services that I was strapping my then 4 month child to the dog.)  Oh, let’s not forget his disbarment.

    Now, bear in mind that all told his success rate is exactly 0.00 percent.  He has not succeeded on even one motion.  But that was never his goal, as he made clear in an email sent on June 28th:

     

    On Tue, 6/28/16, Daniel Bernath <[Redacted]> wrote:

    Subject: RE: American Legion threats of murder***Criminal complaint against American Legion defendants, Mark Seavey, Jonn LIlyea, Don Shiplety, etc. American Legion attempted murders continue: Meet Confer/stop trying to kill me/ postpone hearings till Plaintiff hi
    To: “‘Jonn Lilyea’” <[Redacted]>,[Redacted, but it was Wittgenfeld]
    Cc: “I. M. M. I. eXpose’ American Legion Vigilantes Unmasked” <immiexpose@americanlegion.is>
    Date: Tuesday, June 28, 2016, 1:13 PM

     

    It is not about winning motions (Shipley faces trial in 4 states).  It is about stopping you. (by the way, the Court of Appeal will overturn the set aside of Shipley’s stating that he will ignore the lawsuit as a litigation tactic…Shipley has that appeal to lose in the future)

    Whats our score card?

    TSO shuts the fuck up for fear he will have his additional words shoved up his ass…..the courts are just another tool.  Free for us.  Expensive for you with the additional risk that you’ll lose everything. 0 for 40. Nah.  You lost.  We won.

     

    Now, I don’t want to make this blog posting 8,000 words long, but I did want to defend myself in a public forum on some of the fabricated claims these guys are making about me on their various websites. At one point we were tracking about 7 websites, but they keep getting shut down.   They still post to some Web Apps page, and they have thisainthell.is but that’s basically it. DO NOT GO TO thisainthell.is or at least not without recognizing that it is literally full on gay porn. Literally. They seem to have a fascination with it. But you don’t want to go there, there’s nothing particularly relevant about their ramblings.

    They are claiming in court documents and emails that they don’t run those sites.  Luckily for us, they didn’t know what they were doing when they set it up, so we have all the proof we will need it is them.  Not going to lay on more than that so they can close the loophole, but trust me, their setting up websites was done with the expertise we’ve come to expect from them.

    But I did want to answer some of the allegations Bernath is making about me.  I was just going to let the legal system do it for me, but it’s taking damn near forever, as it does, so I am going to pick some gems out of his latest filing, and just tell the truth, so you can see the nonsense I need to deal with.

    BERNATHIAN concoction:

    Defendants have admitted that they tormented six veterans to suicide….

    But, my Legion is comprised of some highly trained killers who miss the excitement of combat and look for the thrill by tormenting victims to death like Ike Densmore and Jerome Andronsky and me. Obviously mentally ill Veteran Andronsky killed himself with a shotgun in his mother’s home on a military base after the Legion’s mercilessly tormenting him.

    The number alternates, often in the same filing between three veterans who Bernath claims we’ve forced to suicide, and six.  The only ones ever mentioned by name are Densmore and Androsky.  Now, the problem for Bernath here is that he’s filing this in a copyright, defamation, and intentional infliction of emotional of distress case against the American Legion and me, personally.  I don’t believe I’ve ever written about Densmore.  I could be wrong, I might have left a comment or something, but I can’t even find that.  As far as I know, I had never even heard of the guy until after he killed himself.  And he killed himself only after a TV station did an entire story about his lies.  I do know it had nothing to do with me, and certainly nothing to do with the Legion.  Plus, again, it has absolutely nothing to do with a copyright infringement or the other issues in our litigation.

    Androsky (Bernath uses “Andronsky” for some reason), as far as we can tell, didn’t even commit suicide.  According to what we’ve been told he passed away from acute heart failure, not a shotgun blast.  He fought a lifetime of addiction to drugs which ended up killing him, not our blog.

    But even assuming you count those two.  Who is the other one (or four)?  Where did numbers come from?  We’ll probably never know, because this has absolutely nothing to do with the case at hand.  One thing I do know, Bernath can’t point to anything I’ve ever written where I admitted to “torment[ing] six veterans to suicide.”  The only time I discuss suicide is when it was a person in my unit, and that’s something I deal with on a personal level.  It’s certainly not something I would joke about or take credit for.

     

    BERNATHIAN concoction:

    Mark Seavey has been found guilty of being a sexual predator by Maryland judge Patricia Mitchell on 03/20/2015…. As Mark Seavey is a convicted sexual predator, of course his employment would be closely scrutinized.

    In fact, no, not even close.  This is a reference to the restraining order that Karen Williams got against me.  As the judge in that case made ABUNDANTLY clear even in agreeing to the restraining order, I never went near Ms. Williams, never spoke to her, never called her, and the only email sent to her was one where I “replied to all” on an email from her husband wherein he was threatening me.  In short, I couldn’t be a sexual predator, as I’d never met, seen, talked to, or to my knowledge, been within 50 miles of her.

    But let’s back up anyway.  A restraining order hearing is a civil hearing, not a criminal one.  Any first year law student knows that.  And people are not found “guilty” in a civil hearing.  The restraining order was granted for third-party comments that made Ms. Williams *fear* something might happen.  Not only did I not write them, I didn’t even know about most of them.

    We immediately appealed because federal law says that interactive website companies and blogs are immune from comments made by third parties.   That appeal would have been heard in late July of last year, but Ms. Williams failed to appear and the entire restraining order was VACATED.  Which means all this nonsense isn’t true in any way, shape or form.

    BERNATHIAN concoction:

    Mark Seavey, using the American Legion website and using the facilities of the nat’l headquarters of American Legion, https://www.azuse.cloud/?p=32505 posted child pornography and Mark Seavey put such evidence of his crimes into this Court’s file as evidence.

    If you go to the link he puts in there, and I’m going to assume you are rational, you will discover two things: 1) it is not child pornography, and 2) they were WWII recruiting posters, made by the US Government.  On top of that, Bernath adds this graphic (deleted).

    B1

    He has pictures in there that aren’t in that post, and he’s inserted a computer disc with my name and “child porn collection.”  Now, where did that picture originate?  From his own website, the now defunct “A Special Day Guide.”  Again, none of this has anything to do with copyright infringement or our cases, he’s just trying to make me look bad.

    Which brings me to his other allegation of child porn.  At one point a commenter got very upset with Bernath and said something dumb.  I don’t really fault him for it, because Bernath is a master of poking the bear.  This commenter allegedly said something about Bernath’s adult daughter, and something he would do on her picture.  Bernath uses this against me all the time.  There are of course problems with that theory as well, not the least of which being 1) I never saw the comment itself, it was deleted and replaced with an apology before I was even aware of it, and 2) Bernath’s daughter isn’t even close to being a minor.

     

    BERNATHIAN concoction:

    Defendant Mark Seavey has stated in his publications on the internet that (1) he masturbated with minor Australians, (2) that he was “chronic” in his masturbations when he was in the war zone, purportedly protecting our country and (3) that as a sergeant he permitted his men to masturbate in all 26 guard towers, rather than do his duty as their supervisor to make them watch for the enemy to protect the sleeping troops instead of looking at pornographic magazines. This is what Mark Seavey wrote-not me.

    In fact, not one of those things is true.  His source on this is Media Matters, so some back story may help elucidate a bit.  When I returned from Afghanistan I was in a closed (not public) forum with other veterans and veteran supporters who were conservatives.  We talked about a lot of things.  The proverbial locker room talk (I know this is a bad time to use that reference) if you will.  Anyway, at one point there was some fight between two administrators and one made the forum public, and everyone got angry, and then it got deleted entirely.  Somewhere in that week, Media Matters grabbed some things I had purportedly said, because I had been in the news for the Murtha thing.  The problem is that some of the stuff they grabbed was not even me.  So at the time I wrote to them and said I would own up to what I said, but some of the stuff is inaccurate.  To their credit, they did correct some of it, and they moved the whole thing to a different page.  I wrote again letting them know it was still wrong but never heard back.  But being attacked by Media Matters sounded fine with me.

    But to the actual allegations from Bernath.  Again, he has misquotes from a third party, which makes it hearsay anyway, which is why I’ll never get to defend this stuff in court.

    As for Aussies, I have no idea what the hell he is talking about.  I did work with some SAS guys at one point (we were co-located for something.)  At the time the big thing in Australia was a play called “Puppetry of the Penis.”  If you haven’t met SAS guys, they are AWESOME, and a bit out there.  But, and I cannot stress this enough, I never masturbated with anyone, not Australian or anyone else, and why would there be minors in a war zone?  That doesn’t even make sense.

    The second thing about “chronic” is I actually have no memory of saying it.  I am purported to say “we were chronic over there.”  That actually sounds viable, as any Joe deployed would tell you.  But by “we” I meant the US Military in general, not me specifically.  And why would it have bearing on anything anyway?

    The third thing, about permitting my men to masturbate in towers is beyond idiotic, as is the thing about doing it in all 26.  I know one guy who did accomplish that feat, and he wasn’t in my squad, and I had no authority over him.  And I didn’t know he’d done it until he announced it at the end.  No one took pornographic magazines into the towers that I am aware of, they weren’t even allowed in theater (although they were there), and we did full inspections before going out on shift.

    Besides which, I was only a sergeant of the guard on towers for like 6 weeks.  And during that time there were no major attacks on the base, and certainly none that came about as a result of the troops not being adequately attentive.

    None of this has ANY bearing on a copyright claim or our cases, but it is him trying to somehow embarrass me.  Well, epic fail.

     

    Two other things that actually come from other documents, and then I’ll start to wrap this up:

    BERNATHIAN concoction: (From a filing on 10/11/16)

    B2

    No, no, he is not a licensed lawyer anymore. He has been disbarred from California, was denied entry in the Oregon bar, and as a disbarred attorney he is no longer allowed to represent claimants before the VA.

    Here is the VA Accreditation of Bernath, LINK HERE.

    HOWEVER, from the Federal Register:

    Finally, we amended the regulation to clarify that an agent or attorney must notify VA within 30 days of any change in status in any jurisdiction in which he or she is admitted to practice. This is necessary because 38 U.S.C. 5904(a)(4) prohibits VA from recognizing an agent or attorney who has been suspended or disbarred and VA may not otherwise become aware of the suspension or disbarment until many months after the fact.

    Further,

    The plain language of section 5904(a)(4) prohibits VA from recognizing an individual as an agent or attorney if such individual has been suspended or disbarred by any court, bar, or Federal or State agency to which the individual was previously admitted to practice and has not been subsequently reinstated. The statute contemplates a situation in which an attorney has not been reinstated after suspension or disbarment because he or she has been deemed ineligible for reinstatement by the admitting authority.

    Dan Bernath was officially disbarred on 8/28/16 and per 38 U.S.C 5904 (a)(4) he was directed to notify the Department of Veterans Affairs of this status change within 30 days. It has now been 50 days.

    [ON EDIT:  It looks like he was supposed to notify them even earlier.  He was declared “Not Eligible To Practice Law in CA” on 9/28/15, which means it has now been 388 days since he was suspended, meaning he’s 358 days past due on notifying them.]

    The VA helpfully states that:

    Complaints regarding unlawful activities, misconduct, or incompetent representation by a VA-accredited individual may be emailed to ogcaccreditationmailbox@va.gov, faxed to (202) 273-0197, or mailed to the following address:  Department of Veterans Affairs, Office of the General Counsel (022D), 810 Vermont Avenue, NW, Washington, DC 20420.  Complaints may also include information regarding an accredited individual’s suspension or disbarment by any court, bar, or Federal or State agency to which such individual was previously admitted to practice.

    Now look, I could go on fact checking his nonsense for a long time here, and I’m just not going to do it. I literally have 3 ring binders FULL of stuff on him. In fact, we screen shot every single thing that he, Wittgenfeld and Cryer comment on, change or add to any of their websites. Dating all the way back. I’ve got so much evidence it would take a cement truck to transport it to the court room. But I did want to touch on two last things.   The first is how he always brags about what a great attorney he is. He’s somehow convinced Wittgenfeld that he’s winning all these motions, the court is seeing it his way, and the pot of gold is right around the corner.   Well, just to show how great an attorney Bernath is, I want to include one footnote from our recent filing, that shows just what a legal genius he is. Warning, this is dry legal stuff, but it shows how many times he’s violated the rules of procedure, and how many times the court told him to stop doing that:

    See in the First Lawsuit: this Court’s Order (Doc. 19) at pp. 1-2: “For Mr. Bernath’s benefit, although he is proceeding pro se in this matter, he still must comply with the Middle District of Florida Local Rules and Federal Rules of Civil Procedure. See Loren v. Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002) (noting that despite certain leniency afforded pro se parties, they must follow procedures).”; see this Court’s Order (Doc. 30) at p. 1: “A portion of Plaintiff’s Opposition and the Supplement in its entirety subsequently were ordered stricken by the Court for failure to comply with the Local Rules. Doc. 19.” . . . “FN 1 The genesis of Plaintiff’s opposition is that Mr. Mason has been subject to undisclosed disciplinary action. Mr. Mason’s Reply assures the Court that such allegations are false, and that he is not now, nor has been, subject to discipline. Doc. 27.”; see this Court’s Order (Doc. 33) at pp. 1-2: “Plaintiff neither sought nor was permitted leave to file a surreply. Plaintiff previously was cautioned that, although he is proceeding pro se, he still must comply with applicable federal and local rules.1 Doc. 19 at 2. … Plaintiff’s surreply therefore will be stricken for failure to comply with the Local Rules. Plaintiff previously has had filings stricken by the Court for failure to comply with the Local Rules. See Doc. 19. Plaintiff therefore is cautioned that continued failure to comply with the Local Rules may result in the imposition of sanctions.” … “FN 1 In the Declaration of Daniel A. Bernath in Opposition to John Mason Appearing Pro Hav [sic] Vice, Plaintiff states, “I am a member of the California Bar, having been admitted nearly 31 years ago. I am also a member of the US District Court Bars for the Central and Northern District and the 9th Circuit Court of Appeals.” Doc. 14 at 4. Plaintiff therefore should not be a stranger to courts’ expectations that parties follow federal and local rules.”; see this Court’s Order (Doc. 40) at pp. 1-2: “Plaintiff repeatedly has been cautioned that, although proceeding pro se, he still is required to conform to federal and local rules. See, e.g., Doc. 19 at 2; Doc. 33 at 1-2. This now will be the third filing of Plaintiff’s that the Court has stricken for violation of the Local Rules. See also Docs. 19, 33. In the Order striking Plaintiff’s reply, filed without leave of Court, Plaintiff was “cautioned that continued failure to comply with the Local Rules may result in the imposition of sanctions.” Doc. 33 at 2. Despite the cautionary language, Plaintiff again has failed to comply with the Local Rules. The motion therefore will be stricken. Plaintiff again is cautioned that failure to comply with the Federal Rules of Civil Procedure and this Court’s Local Rules will result in the imposition of sanctions, up to and including the Court recommending that this matter be dismissed for repeated failure to comply with Court orders.”; see this Court’s Order (Doc. 58) at page 3, footnote 3: “Plaintiff is reminded that he initiated this lawsuit and has a duty to comply with the court orders and local rules . . . (“A district court has authority under [Fed. R. Civ. P] 41(b) to [as a sanction of last resort] dismiss actions for failure to comply with local rules.”); and, see this Court’s Order (Doc. 66) at p. 1, FN 1: “On November 23, 2015, without leave of court and in contravention to M.D. Fla. R. 3.01(c), Plaintiff filed a second response in opposition. Doc. 57. Plaintiff repeatedly has been cautioned by this Court that, although proceeding pro se, he still is required to conform to local rules. See, e.g., Doc. 40 at 1 -2; Doc. 33 at 1 -2, Doc. 19 at 2. The Court, therefore, will not consider Plaintiff’s second opposition (Doc. 57)”; and, see this Court’s Order (Doc. 84) at p. 2: “this is Plaintiff’s last warning for non-compliance with the federal and local rules; future non-compliant filings may be stricken without further warning.”

    And the last thing I want to add is a full listing of all the things that Bernath is specifically claiming against me, but elsewhere he makes almost all of these claims against everyone else involved in the various cases, including the Legion. This list isn’t even exhaustive, it is just from one filing. From assassination attempts to IED coconuts to my being a hitman for MS13, the guy just specializes in coming up with Ludlumesque conspiracy theories:  [Editor’s note, I’ve slightly edited our actual document here so that you get bullets, because the formatting the other way, while accurate for filings, makes it hella hard to read in a blog post.]

    • that Seavey committed acts of domestic terrorism and sabotage at Page Field airport (Par. 1, 16);
    • that Seavey’s function at the Legion is to terrorize veterans (Par. 8);
    • that Seavey was tasked with unlawfully investigating veterans in the course and scope of his employment with the Legion (Par. 9);
    • that Seavey committed torts, made defamatory statements, operates a trinket business, and has committed illegal practice of law and illegal investigations in Florida (Par. 16, 17);
    • that Seavey influenced an election or campaign, advertised, and sexually harassed someone in Florida (Par. 17);
    • that Seavey is an agent, joint venturer or employee of any Defendant other than being an employee of the Legion (Par. 23);
    • that Seavey by clear and convincing evidence has committed coercion, intimidation, threats and/or other harm to plaintiff in violation of Statutes § 874.06 (Par. 25);
    • that Seavey by clear and convincing evidence has injured Plaintiff for violations as set forth in Statutes §§ 772.11et seq. (Par. 26);
    • that Seavey does systematic and continuous business in Florida (Par. 27);
    • that Seavey ambushed Plaintiff at his home, videotaped him, and posted said videos on the internet, (while including photos of Don Shipley and Diane Shipley with a video camera, people who have very limited connections to Seavey) (Par. 31 – 34);
    • that Seavey sabotaged Plaintiff’s plane and attempted to murder him (he includes photographs and maps in a preposterous attempt to allege false, frivolous and scandalous claims) (Par. 31 – 42, 111);
    • that Seavey attempted to murder Bernath, (Par. 35);
    • that Seavey severed the fuel line of his aircraft (Par. 36);
    • that Seavey added a deadly substance to the fuel tank of Bernath’s airplane (Par. 38);
    • that Seavey and/or his employer the Legion attempted to murder him and his flight instructor (Par. 34 – 42);
    • that Seavey ambushed and confronted Bernath at his home in Ft. Myers, Florida (Par. 46);
    • that Seavey referred to stalking and harassment of Bernath as “Operation Shipley” (Par. 47);
    • that Seavey’s employer the Legion through its agent Seavey had something to do with someone threatening to deface a photo of Bernath’s daughter (Par. 23, 53);
    • in a disgusting continuation of his defamation and inclusion of scandalous and false material in his filings, Bernath claims that Seavey’s employer the Legion through its agent Seavey “hosts” and “advocates” child pornography, torments, taunts and urges U.S. military veterans to suicide (Par. 23, 53);
    • that Seavey is an agent of his employer the Legion who commands and controls a terrorist group (and then Bernath strings together a flurry of unattributed and sourceless language, falsely states that Seavey has driven three U.S. military members to suicide, and that his employer the Legion demanded he pick up the pace on tormenting U.S. military veterans) (Par. 8, 23-25, 53);
    • that Seavey’s employer the Legion through its agent Seavey picked Plaintiff out two years ago as a victim to “get” Bernath to “self-murder” and that Seavey and his employer the Legion is targeting him to torment him to “self-murder” and targeting him for actual murder (Par. 23, 67, 73);
    • that Seavey is the leader of a terrorist gang with uniforms run by his employer the Legion and that Seavey and/or the Legion sent terrorists to his home (Par. 8, 23, 69, 73);
    • that terrorists under Seavey and his employer the Legion’s command and control have stated that they take orders to terrorize him from Seavey and the Legion, and that Seavey and the Legion put Bernath’s face on photographs, including a “homosexual gang rape photograph” (Par. 8, 70, 134);
    • that Seavey’s employer the Legion itself or through its agent Seavey filed bar complaints with the Florida and California bars and sought to have Plaintiff’s Legion membership revoked (Par. 23, 72, 111);
    • that Seavey’s employer the Legion through its agent Seavey threatened to murder Bernath, published his address online, came to his home and knocked on the door (Par. 23, 74);
    • that Seavey’s “soldiers” contacted the Veterans of Foreign Wars or reporters (Par. 85);
    • that Seavey has command and control of trained-to-kill veterans, mocked Bernath’s family, sent intimidating or threatening messages to Bernath (Par. 86-89);
    • that Seavey intentionally and knowingly made and communicated false and malicious statements to hundreds, if not thousands, with intent to injure Bernath, that injured Bernath’s reputation and caused him damage (Par. 91 – 92);
    • that Seavey made and took extreme and outrageous statements and conduct, causing Bernath injury (Par. 95-100);
    • that Seavey lied about Bernath or caused him damage from among other things watching his wife lose control of her bladder on the floor (Par. 101);
    • that Seavey committed “Civil Assault/Attempted Murder” and intentional criminal acts and that Dan Hyatt is a Seavey gang member (Par. 102-104);
    • that Jonn Lilyea is Seavey’s “partner” and that Seavey sabotaged Bernath’s plane (Par. 23, 105-110);
    • that Seavey’s “gang members” took and published Bernath’s social security number and other identifying information and obtained loans in Bernath’s name, read his confidential VA medical files, and stole Bernath’s identity (Par. 23, 108);
    • that Bernath is a candidate for National Commander of Seavey’s employer the Legion (when he has never qualified as a candidate for any national Legion office, or even attempted to qualify for any national Legion office, and the Legion elections were held in the last few months and Bernath was not a nominee, candidate or elected) (Par. 111);
    • that Bernath’s non-existent candidacy for National Commander of the Legion has a “reform” platform that will end the “many” child molestation and embezzlements throughout the Legion (Par. 111);
    • that Seavey and/or his employer the Legion revoked Bernath’s membership or had his judge advocate position revoked to block his assuming national office as National Commander (Par. 23, 111);
    • that Seavey hacked a Bernath website, or any website (Par. 112);
    • that Seavey contacted Bernath 24 hours a day, entered his property and videotaped him in his home (Par. 99 on page 81);
    • that Seavey placed Bernath in fear of batteries (Par. 100 on pg. 81);
    • that Seavey placed Bernath’s image on shirts and sold them (Par. 102 on pg. 81);
    • that Seavey is an agent of his employer the Legion who has been ordered to “not rape” an individual (Par. 23, 114);
    • that Seavey damaged Bernath’s airplane (Par. 142);
    • that Seavey contacted Bernath by phone and published a recording of that call (Par. 145); and
    • that Seavey broadcast video of Bernath on the internet (Par. 149).

    In case you were wondering, every single thing that Bernath claims in that last part is 100 percent false. But you knew that already.

  • Warning order: Long post coming about our legal nonsense, coming at 1000 tomorrow

    I think you’ll enjoy it.  It’s super long, but you’ll get a better idea of all the bullshit that happens behind the scenes.

    BTW- The DRC says I don’t post here anymore because they scared me off.  Yeah, not even a little.  Dude, I have a 15 month old and every spare second I have, I try to sleep or remember what quiet was like.

    Also, the morons think there’s a huge wedge between my employer and me.  To say that is laughable is being generous.

     

  • God, Family, Country

    I have tried to withdraw from the politics that are sucking the life from America. Yes CG, I truly have. Sideline sitting is difficult and leaving unsaid what needs to be said is even more trying. When you catch a glimpse of what Americans are hearing every day, it is disheartening and distasteful. Even when turning to the local news you are bombarded with the “national” segment extolling the virtues of one and the evilness of the other. But mostly the evilness of the other. Unfounded or not. This is certainly not an election where the candidates are appealing to the intellectual side of the electorate. Nor is it one where the media reports and compares policy positions. Maybe it is time we had a fight at this level so America can take a deeper look into her mirror. Maybe learn about our true deep divide. The real one that exists not between colors of Americans but between the political and media elitists and the everyman. It is the makings of a “French Revolution.” Pray it never comes to that.

    Thinking through the self-inflicted political and cultural mess in which we find ourselves and writing about it is therapeutic. So allow me this indulgence.

    Freedom once was, along with the quixotic “truth, justice and the American way”, the heartbeat of our country, but now it is politics. The absence of truth and justice is the new American way. Everything is politicized and idealized. There is no place to where one might retreat to escape it. Withdrawal into a cocoon is an option – a self-imposed safe zone. But, tuning out our shared reality so as to calm our troubled souls and shield our feelings is dereliction of our civic duty.

    In our country, a war is on. It is political, ideological and cultural. It is a battle of Biblical proportions being fought for the soul of a nation and for the souls of her people. One world globalist vultures are aligned to pick clean the American carcass and consolidate her wealth amongst them. Open the borders and the millions who rush into the Promised Land will find naught but misery and slavery to their new global masters. Their hope ending right back in the ghettos, slums, poverty, and crime that drove them away from their lands to begin with. They will find the hope they placed in fallible utopians offering grandiose promises has also departed. Promises they held no intention of fulfilling. Could not possibly fulfill. Utopia is not for the masses. It is only for those shielded by wealth and power from the daily difficulties of the everyman – no matter where he resides. Geographically, there will be an America, but the shining beacon of freedom to the unfree world will be gone however, replaced by darkness. In the darkness, evil thrives. With the promised fundamental transformation completed, gone will be the uniquely American ideal of individual liberty and freedom first Exceptionalism – likely never to know a peaceful rebirth. Shockingly, some likely view that as success. After all, have we not been told that America is no more exceptional than any other nation?

    These days, ideology preempts facts. Honest debate is stifled by mockery, name calling, gutter crawling and character assassination. Movements are built on falsehood, towns are burned, people are dead, police officers are vilified, attacked and murdered, the military is gutted and slighted, and the everyman is left standing without much hope amidst all of that and run down and dilapidated cities that were once great manufacturing centers and the envy of the world.

    The people charged as the guardians of one of our most precious and important freedoms – speech and the press – have forfeited that freedom by selling their souls to political ideology and totally abandoning any semblance of objective journalism or news reporting. It is an ideology wholly antithetical to the principles on which our nation was founded. Along with corrupt politicians and their donors they are steering the rest of us toward destruction while not realizing that it is also their end toward which they are speeding. The type of ruling government their ideology perpetuates cannot withstand a free press.

    Our children, the future, are ignorant of our history. Worse than that, they have been conditioned to believe that Western civilization and specifically America is to the blame for the world’s problems. More dangerous is their ignorance of the darkness of communism and socialism and the aims of Sharia even when displayed right before their eyes. This is the great failure of our education system, or the great success depending on your worldview. It may as well have been free for what it was worth.

    Common decency and respect were thrown out the window long ago. The golden rule? Pull anyone with an opposing view down into the gutter and make it about that. The people? They remain largely ignorant of things important because they are too focused on media created soap operas and massive misinformation. It is a media that prefers to be owned rather than remain truthful, free and independent. With a corrupt media, corrupt Congress, corrupt administrative agencies and a corrupt Department of Justice including the full gamut of federal investigative agencies what possible chance is there for fairness for the everyman? Nil. Despots observing from around the world must marvel at how easy it was to corrupt the most perfect representative republic on the face of the earth and then turn it on the people that it was supposed to serve and protect.

    Did you ever ponder how we got here?

    © 2016 J. D. Pendry

  • The real story about that lack of Trump lawn signs

    Jay Michaels wrote recently [over] at American Thinker of the lack of Trump yard signs this election compared to the number of Mitt Romney signs back in 2012. Back then, in his solidly middle-class neighborhood of “cops, nurses, teachers, plumbers, electricians, landscapers, small business owners, and retirees,” there were Romney signs displayed on the lawns of twenty percent or so of the 130 homes. Now there are no Trump counterparts.

    Michaels concludes that this lack of signage is indicative of less support for Trump, with a supportive theory that it may be a matter of marital political discordance, where wives are less inclined to vote for Trump because of the candidate’s boorish behavior toward women. However, a quick survey of the many comments following the article will quickly disabuse you of that as the primary cause for the lack of Trump signage. Far and away, the most frequently expressed reason for failure to publicly demonstrate a citizen’s loyalty and support for The Donald with signs or bumper stickers has nothing to do with domestic disagreement within the home, but rather with liberal Democrat lawlessness.

    Comment after comment to Michael’s article reveals a reluctance to publicly declare one’s political stance for fear of signs of being stolen and homes and yards vandalized, or, especially in the case of bumper stickers, with one’s car being keyed by inspired members of that mob of supporters of free speech and inclusivity who support Hillary Clinton. Those comments came from wide swaths of this country and, quite sadly, represent a reality that this old man never thought he’d live to see: Americans afraid to publicly post their political loyalties for fear of retribution from disagreeable fellow citizens.

    Born myself at the start of World War II, I’m a relentless reader of history and novels set in the years leading up to that war, primarily in Europe but in Asia as well. Because of the knowledge gained in my reading, I’ve always been dismissive of liberal claims that American conservatives were Nazis and fascists. The comparison is mostly in error, as those European movements were essentially leftist and socialist in nature – admittedly to the right of the Soviet-supported communist movement, but still well to the left of American conservatism. So I’m reluctant to resurrect that chestnut of an argument that my political opponents are Nazis, but I swear to you: if you know the history of those times, you can’t help but be aware of the similarities in the fanatic, intolerant behaviors between contemporary Democrat liberals and the fascist movements of those foreboding times.

    Under the rubric of political correctness, promoted by the Democratic Party, we are witnessing a boa-like crushing constriction of the cherished, constitutionally certified concept of free speech. More and more we are told that language perfectly acceptable but a short time ago is now threatening to one or another segment of society that the Democrats have singled out for special linguistic and social protections. To anyone who has studied that period, this language-controlling behavior by Democrats is so parallel to that of those who fomented the deadly socialist movements of pre-WWII Europe that it easily justifies a comparison.

    Stealing opposition political signs, vandalizing yards and homes, destroying the paint jobs of cars bearing disliked political messages – all of it conveys a clear message of political intolerance, long incubated by the Democratic Party and now come to full growth in this election year, that should demonstrate to all reading this that these free speech-crushing Democrats, like their European fascist predecessors, need to be crushed themselves.

    One question: When was the last time you heard of anyone stealing Hillary signs? Of course, that lack could be the result of the inability to even find one.

    Crossposted at American Thinker

  • Tell Me Again How Vote Fraud is “Insignificant”

    As I noted in a previous article, we hear all the time from certain circles that vote fraud is “insignificant”.

    Well, maybe.  But IMO, that’s not exactly how the smart money would bet – or what Norm Coleman would say about the 2008 Minnesota Senate election.  Or what the late Coke Steverson would have said about the 1948 Senate primary in Texas, for that matter.

    Well, we have a bit of new news on the subject.  It seems that a group, Public Interest Legal Foundation, looked at voter registration in both Philadelphia and Virginia.  What it found was disturbing.

    Philly gave Public Interest Legal Foundation the “stiff arm” – the group had to file suit to get data.  Apparently that reluctance on the part of Philly was for good reason.  For years, the number of registered voters in Philadelphia has been nearly equal to the number of persons in the city eligible to vote.  That alone is absurd on its face.

    When they finally received data from Philly, the group found that in a 2 year period –  2013-2015 – at least 86 formerly-registered voters in Philadelphia had requested their voter registration be cancelled because they were not US citizens.  Of those 86, 40 of them were found to have voted in at least one election.

    Think about that for a moment.  This group of 86 was only those who voluntarily came forward.  That’s almost certainly only a tiny minority of the number of non-citizens still on the rolls unlawfully in Philly.

    Public Interest Legal Foundation also found literally thousands of felons still on the voter registrations rolls.  They were required by law to have been removed when convicted, but never were.

    In Virginia, only 8 counties in the state responded to Public Interest Legal Foundation’s request for information. Still, in those 8 counties over 1,000 aliens not entitled to vote were nonetheless found on those counties’ voter registration rolls.

    And unless things have changed, every one of those on the rolls had to have committed a crime to get there (or in the case of felons, had been convicted of a serious crime).  I don’t ever remember registering to vote without also having to certify, under pain of perjury, that I was indeed a US citizen.

    How did these illegal voters vote?  Dunno; ballots are secret.  But I think we can draw a reasonable inference about that from other information.

    One major political party wants to ensure voting is clean by such common-sense measures as requiring positive ID to vote, and by strengthening checking of voter registration rolls.  The other major party steadfastly opposes both of those common-sense measures.

    That opposition suggests a motive.   The nature of that motive should be obvious.

    The Washington Free Beacon has an article today with more details.  It’s worth a read.

  • Hey, Timmie, you really showed us deplorables…

    …what a rude jerk you are.

    If the best casting director in Hollywood went in search of the perfect actor to play a typical know-it-all, smug, smarmy liberal to represent the Democratic Party on the vice presidential debate stage Tuesday night, he could not possibly have made a better selection than Tim Kaine. This was my first opportunity to see this potential president-in-waiting in action, and all I can say is that this sneering motor-mouth, who immediately began a pattern of repetitive and, I believe, intentional interruptions of his opponent and continued it as long as the moderator would let him get away with it, was woefully less than impressive.

    Kaine was a squeaky-voiced, unctuous reminder of far too many of the self-righteous liberals I’ve had to contend with in my long life. You know the type: rolling the eyes, shaking the head to deliver their not so subliminal message that we’re just so totally smarter than you are that you can’t possibly understand what we’re saying. We’ve all seen it, in the past mostly within our own families, but in the last few years it has become the standard form of public liberal discourse. There is only one side, and that is theirs. They know it all, and if you disagree, you are a knuckle-dragging Neanderthal, and they’re entitled to smirk snottily about it.

    That is exactly the role Tim Kaine played on his opening night on the world stage, and I must say he did it flawlessly. Not everyone can play such an irritating jerk so convincingly, depicting to perfection the arrested adolescence that is the defining characteristic of liberalism, and do it so well before such a huge audience.

    I guess congratulations are in order: hey, Timmie, you really showed us deplorables, kid!

    Crossposted at American Thinker

  • Trump and PTSD

    Yesterday, social media lost it’s mind again when Marine Staff Sgt. Chad Robichaux, president and founder of Mighty Oaks Warrior Programs, at a town hall style meeting with some veterans asked Donald Trump if he’d support using religion-based programs for helping veterans with PTS and TBI problems. Here is Trump’s complete response;

    When you talk about the mental health problems when people come back from war and combat and they see things that maybe a lot of folks in this room have seen many times over, and you’re strong and you can handle it, but a lot of people can’t handle it, and they see horror stories, they see events that you couldn’t see in a movie, nobody would believe it. Now we need a mental health help and medical and it’s one of the things that I think is least addressed and it’s one of the things I hear — like your question — one of the things I hear most about when I go around and talk to the veterans.

    So we’re going to have a very, very robust, very very robust level of performance having to do with mental health. We are losing so many great people that can be taken care of if they have proper care.

    You know when you hear the 22 suicides a day, it’s a big part of your question, but when you hear the 22 suicides a day, that should never be. That should never be, So we’re going to be addressing that very strongly.

    And the whole mental health issue is going to be a very important issue when I take over, and the VA is going to be fixed in so many ways, but that’s gonna be one of the ways we’re gonna help. And that’s in many respects going to be the number one thing we have to do because I think it’s really been left behind. Ok? Thank you very much.

    Of course, most media outlets edited that response to appear as if Trump didn’t understand the problem and that he was calling veterans who suffer from PTS as “weak”. CNN even told it’s readers what to think about Trump in their opening paragraph of the report before presenting his response to the question;

    Donald Trump suggested Monday that American soldiers and veterans who commit suicide do so because they can’t handle the post-traumatic stress of war.

    CNN went on to ask the opinion of highly partisan Democrat operatives like Jon Soltz, of MoveOn.org’s VoteVets;

    Jon Soltz, an Iraq War veteran and Chairman of the progressive VoteVets.org, called Trump’s comments “horrible” but “not shocking.”
    “We’re talking about a person, in Trump, who believes that POWs aren’t real heroes, and that he’s made sacrifices akin to Gold Star Families who lost their loved ones in war,” Soltz said in a statement. “The constant disrespect Donald Trump shows towards our veterans and servicemembers is sickening, and completely and totally disqualifying.”

    Paul Rieckhoff, of course, chimed in;

    The Iraq and Afghanistan Veterans of America sent BuzzFeed News a statement about the importance of language when talking about PTSD.

    “Every national leader has a responsibility to use accurate and appropriate language when talking about mental health and suicide especially,” IAVA CEO Paul Rieckhoff wrote wrote. “Terms like ‘killing yourself’ or ‘mental problems’ or any suggestion that suicide only impacts the weak, can promote contagion and may discourage people from getting help.”

    He added that “getting help for a mental health injury is not a sign of weakness, it’s a demonstration of strength.”

    Marine Staff Sgt. Chad Robichaux, the man who asked Trump the question, though, called the criticism of Trump “sickening” according to the Washington Times.

    I think it’s sickening that anyone would twist Mr. Trump’s comments to me in order to pursue a political agenda. I took his comments to be thoughtful and understanding of the struggles many veterans have, and I believe he is committed to helping them. The nature of my question focused on a broken system that’s failing so many of our veterans and, as president, would Mr. Trump take a more holistic approach to health care for veterans.

    I interpreted his answer to affirm that the system is broken and he would take the necessary steps to address it. After eight combat tours in Afghanistan I came home and was diagnosed with PTSD, and I struggled with it. Since my own recovery I’ve been privileged to help 1100 veterans who have graduated from our program; none of whom have committed suicide since graduating. It’s a very important issue to me, which is why I was thankful for the opportunity to ask Mr. Trump about it directly.

    If the media is trying to make me vote for Trump out of spite, they’re doing a marvelous job.