Common Sense Solutions
Those opposed to term limits often recite that tenured service creates institutional knowledge and experience to tackle the great questions of the day, and challenger candidates running as “outsiders” often run without a record, creating the disadvantaged position of an untested quantity, resorting to hopes and promises for results with no substantive basis upon which to rely. However, Major Mike Webb, practically in or around politics since birth developed an innovative solution that optimizes the best of both worlds, proposing specific policy solutions and legislative proposals arising from his work as an activist.
All Lives Matter Defense Act (ALMDA)
On November 17, 2017, Bijan Ghaisar, a 25 year old accountant and son of parents who immigrated from Iran was tragically shot on the George Washington Parkway by the National Park Service Police. He had been rear-ended by an Uber around 7:31 pm, and by 7:37 p.m., despite the fact that the driver of the Uber was found at fault in the collision that produced little damage, and despite the fact that, under National Park Service policy, a police pursuit can only be initiated against a person who fled an accident scene if there is good cause found to substantiate that he or she is a felony suspect, or if the damage exceeds one thousand dollars, his vanity licence plate, BIJAN, was immediately transmitted through the dispatch center, resulting in two patrol cars, one from the National Park Service, and a patrol car from the Fairfax County Police, who provided dashboard camera coverage of the remaining four minutes of the police chase.
At no time during the “high speed chase,” did the suspect exceed 59 mph, nor did he engage in any driving behavior to merit a misdemeanor charge of reckless driving, and even courteously pulled over to the side of the road when he stopped to submit to law enforcement. The suspect had been described as a friendly and cheerful person, and a Buddhist who was terrified of guns.
While the suspect did make three attempts to flee, there was no good cause for him to have been chased. At each stop, including the final fatal stop at a stop sign, where the fleeing suspect took the time to turn on his left hand turn signal, officers approached him with guns drawn. At the first two stops, officers negligently failed to trap the vehicle to prevent flight, placing one car behind, capturing the video and preventing backward escape, but leaving the the front pathway open for the suspect to flee, in clear violation of normal apprehension procedures. After the suspect turned from the highway on to Alexandria Avenue, in the Fort Hunt area, an officer from the Fairfax County Police Department was alerted to deploy to a location to place down “stop sticks,” and he deployed in less than two minutes to a location at which the suspect could have avoided had he made one of at least three turns on alternative side streets, but every one, moving in his direction of travel, was coincidentally obstructed by a dark vehicle, presumably bystander vehicles that just happened to be located at those locations. Retired law enforcement officers who reviewed the video record described the chase as “a fox hunt.” Moreover experienced and retired officers have described the conduct of Fairfax County Police officers as “minimum accomodation,” as even in evidence during the highway chase when they permitted the a long trail distance from the fleeing suspect’s vehicle, prompting the National Park Service Police to resume the lead in the chase. This vehicle, nonetheless, was curiously unable to overtake a fleeing suspect who applied his brakes several times to slow down, and even failed to overtake him as he slowed to around 20 mph to make a right turn off the main highway.
A total of nine shots, at close range were fired at the suspect’s vehicle, and a 9 mm bullet will place a jelly donut sized hole in a cinder block at close range. Yet, the engaging officers fired the first shot at a vehicle stopped at a stop sign and made the determination that a foot being released from the brake would not cause the vehicle to begin rolling forward.
Early reports of the shooting, even after his death, ten days later, stated that he had been shot ten times in the head, indicating a kill shot, rather than an attempt of the officers to engage the easiest target area, the center mass of the suspect’s body, the more likely aiming point for an officer attempting to employ lethal force in self-defense. After the autopsy and three months after the shooting, it was reported that four shots were recovered from the left side of his head, and one in his right wrist, probably raised ina reflexive, but futile attempt at self-defense.
Don Beyer immediately exploited the opportunity to “be with the family” to promote legislation to require body cameras, and had a meeting cancelled with the National Park Service Police after it was brought to his attention that he was in direct violation of antilobbying laws. Don Beyer refused to declare the shooting an injustice for two years, preferring to place blame on the Department of Justice that had not completed their investigation and completed a report. Yet, attempts by Major Mike Webb to obtain police records from the Department of Justice and the Fairfax County Police through FOIA provisions have yet to produce any responsive documents, despited the fact that Fairfax County Police records were released to the Washington Post almost immediately after the incident.
Major Mike Webb has proposed the All Lives Matter Defense Act that would create a “burden shifting” in an “excessive force” scenario when a suspect is pursued without good cause or in the commission of a misdemeanor or less, which would require a showing by law enforcement to provide clear and convinciing evidence that lethal force was necessary for self defense.
Moreover, this measure would permit an affirmative defense for a fleeing suspect in the same scenario, which is tragically similar to that encountered by the slain Freedom RIders, to utilize minimum force to enable their escape. And to incentivize good officers and leaders to ensure that such tragedies never occur, this legislation proposes to authorized officers on the scene to be “safety officers,” delegated the power to assume control of a “rogue” officer to regulate the situation, as well as authorizing treble and punitive damages against the department in a civil suit, to create an incentive for department leaders to ensure that thier officers adhere to established procedures.
The Sentinel Progam Act (SPA)
Leadership is often defined as the right solution at the right time, and this idea was actually developed near the beginning of my first congressional race in 2016, but revived and given a name during Police Week, in May after my landslide defeat in the VA8 GOP nomination convention. At that time, I actually took the drastic measure to suspend my campaign to solicit signatures to appear on the ballot, to take the fight to the Hill, lobbying offices, both Republican and Democrat, and found an amazing lack of resistance to a “common sense approach” to mass gun violence in “soft target” areas. Ironically, on the day that I was lobbying on the Hill, the White House went into lockdown because of the presnce of an aerial intruder on the grounds, and just weeks later the nation mourned the loss of the victims announced first in the Orlando Sentinel after an ISIS inspired gunman killed 49 patrons at the Pulse Night Club, after which Don Beyer only expressed words of condolence and changed his social media profile to a rainbow flag.
Under the Sentinel Program, uncannily similar to the one announced by the President at CPAC 2017, separating military officers who have served onactive duty service, who have real-world experience with their issued service weapon, a 9mm Baretta, would be gifted from their departing units a similar weapon, and authorized a federal concealed weapons permit to enable them to carry a concealed weapon anyplace within the United States, with the exception of aboard commercial aircraft, where Air Marshals presently provide security.
These Sentinels would have the choice to provide quick reaction team response to emerging threats, especially in the event of the outbreak of mass gun violence in a school, in a place of worship or at a sporting or entertainment event. Recent events in places like Texas, and even Brazil, where persons equipped with a concealed firearm were able to overtake and neutralize attackers immediately validate the effectiveness of this common sense approach, in preference over present guidance from the Department of Homeland Security that give victims in a kill zone the options of 1) escape, 2) evasion to cover until law enforcement respond and 3) as a last resort, to grab a heavy object to defend themselves. This measure also disrupts the planning cycle of bad actors because it presents the potential for resistance that cannot be predicted in operation planning.
In the event that a Sentinel is killed or injured in the line of duty, he or she, would be awarded a Sentinel Service Award, consisting of a medal, as well as a monetary award to be determined. The Sentinel would be provided full compensation for injury, and, in the event of death, would be presented full military honors, with the option for burial above ground in Arlington National Cemetery.
Living Wage Exemption Act (LWAE)
Progressive Democrats, like Don Beyer appear to have forgotten the call of leaders like John Kennedy, who dared to challenge Americans to ask not what their country can do for them, but what we can do for our country, and a Keynsian model to lift a country from depression has evolved into a great society with an entitlement mentality, exhibited in ideas like a “living wage.” But for those who have had the experience of living from pay check to pay check, or who have had the responsibility of maintaining the morale and welfare of young, lower enlisted soldiers, and far too often even junior officers, know that, in compliance with the myopic temptations of satisfying primary needs in the Maslow Hierarchy, the clear and present necessity of financial security is focused not on the method, but rather the focus on simply increasing immediate pecuniary reward, which need not be produced by increasing the costs to the places where they work.
One would think that forty years of experience and an degree in economics from an elite private college like Williams College would have equipped Don Beyer with the wisdom to recognize that any increase in the cost of doing business necessarily dictates and equal and opposite reaction, exhibiting in a cost reduction or increase in the price paid for the service or good. Yet, fixated on taxation and expansion of fiefdoms based upon reliance, these proposals might better be achieved through expanded tax exemptions on wages for those existing at or near the poverty level. Persons operating as independent sales producers quickly recognize the value of increasing pay checks through exemptions claimed on a W-4, Employee’s Withholding Certificate. This measure increases take home pay, and is as easily comprehensible to a person who is focused on immediate costs, as provided in an “easy installment” or “layaway plan,” in preference to a measure that produces undesirable externalities at the places of employment that may well be passed on to that worker and/or the consumers.
The Nonprecedential Act (NPA)
Students of law, as well as junior associates in law firms, engaged in legal research often find more surprising the existence of “issues of first impression,” i.e., matters not previously raised for decision on appeal, the discovery of “unpublished” and “nonprecedential” orders or opinions that appear to defy the basis of a rule of law that is established under the doctrine of stare decisis. Most often, in legal research, the optimum result is to locate a prior case in which a court, preferably in the same jurisdiction, has decided an issue with similar facts, and arrived at the desired outcome for the client. But, the concern arises when a legal researcher locates a case that is unpublished or nonprecedential that might provide the perfect legal argument for following that precedential foundation, because such an order or opinion may or may not be used in a legal argument, and in all cases is not binding upon a court, resulting in a divide in equal protection for certain litigants fortunate enough to find a jurist who would render a favorable decision, but limited only to those individuals. This result should reasonably be expected, upon discovery, to strike the moral conscience as manifestly shocking, and as a great departure from traditional notions of fair play and substantive justice.
Power corrupts, and absolute power corrupts absolutely, as Lord Acton observed. Accordingly, in practice, litigation experience in liberal jurisdictions has revealed that in at least some instances, the use of nonprecedential orders has been used, in abuse of discretion to create judicial outcomes that exact injustice on particular individuals or classes of individuals who are, as the Supreme Court described in San Antonio Independent School Dist. v. Rodriguez, as “politically powerless.” For example, in one recent case in which this campaign was involved, attorneys for the Merit Systems Protection Board (MSPB) were permitted by a court to prevail on the argument that, contrary to the express provision in 5 U.S.C. Section 1221(a), that a federal job applicant, subjected to an adverse personnel decision, lacked standing to bring suit in a federal court or at the MSPB, and even to advance the argument that a federal employee might request a withdrawal from an action before the MSPB, in exchange for a “final order,” that they would be permitted, under a policy, published on May 11, 2018, to seek relief in “a court,” contrary to the specific rule, Fed.Civ.Pro.R. 60(b), that states that only an adverse decision is eligible for a review in an appellate court. The prevailing argument presented the ludicrous claim that a residual aggrieved status survived beyond the four corners of the order offered for use in an appeal, a fraud in the inducements, placing a federal employee in detrimental reliance upon a misrepresentation from a court at which he or she might seek relief. That policy has been three times challenged in the courts, and, since October 1, 2019, has been proposed for repeal by this campaign, without even the support of the Federal Employees Union, Gerry Connolly, whose district has the most civilian employees and Don Beyer, whose district has the most civilian and military federal employees in the nation.
The NPA would also bring sweeping judicial reform, in the interests of manifest justice, equal protection and that due process that extends to all citizens the right to their day in court and to be heard, by mandating that, “a decent respect for persons,” as announced by the Founders in the Declaration of Independence, will compel a federal court to state the reasons therefor, rather than summarily dismiss an action, without expressed findings of fact and/or conclusions of law, as the Fourth Circuit, in fact, did, in December 2019, nullifying the existence of the civil procedure, which was recognized by the U.S. Supreme Court, in Georgia v. Rachel, a case involving persons engaged in civil disobedience to integrate lunch counters, that permits a defendant in a criminal action, on a showing of discrimination in the state court prosecution, in violation of a specific law, such as the Public Accomodations Act, to remove that action to a federal court for an acquittal. This provision of law was first enacted by Republicans in the Civil Rights Act of 1866, and improved through the enactment of the Civil Rights Act of 1964, the decision maker for the finding of prejudice from the state court against whom the complaint was made to the federal court, acting as an independent and unbiased reviewer.
Strikingly, not one civil rights organization, nor even one social justice church in a liberation theology sought to challenge this nullification of a civil rights law, solely because the matter was raised in the context of a trespass charge brought at an Alexandria abortion mill, the second busiest in the Commonwealth.
Under the NPA, a plaintiff would be entitled to penetrate the veil of judicial privilege to bring suit under 42 U.S.C. Section 1981, with entitlement to relief under 42 U.S.C. Section 1988, and present the potential for relief for conspiracy to interfere with civil rights under 42 U.S.C. Section 1985.
The Einsteins on Immigration Act (EIA)
At least when it comes to guns, progressives like Don Beyer are in one accord on deciding that the solution to the problem of gun violence is to remove the means by which these events occur, even if it is unlikely that Don Beyer Volvo will withdraw from the industry to prevent automobile accidents or the effects of global climate change. Nonetheless, an instance on Thanksgiving in 2017, not long after Bijan Ghaisar was tragically shot on the George Washington Parkway, the commitment of Don Beyer, Tim Kaine, Mark Warner and even Alphonso Lopez to the causes of immigrants to the nation became clear, when they failed to assist in the apprehension of a loyal Democrat businessman who I identified boasting about exploiting undocumented immigrants.
Even Barack Obama, while serving as a one term Senator, admitted the tragic externalities of illegal immigration, promoting a black market industry of profiteers who exploit the hopes and dreams of those who yearn for teeming shores, willingly taking their fortunes to deliver the promise of choices in the land of America. Yet far too often the hazards associated with these perilous journeys result not in the realization of an American dream, but rather a terrible nighmare.
It is one thing to promote sanctuary cities where local police are permitted to place citizens at risk from illegal immigrants who come to America to continue a criminal lifestyle, but unconscionable when these reckless policies are encouraged for the purpose of profiteering by persons fraudulently inducing vulnerable people on misrepresentations of being their closest allies and friends. Accordingly, the EIA would create a felony offense with enhanced sentencing for those who engage in the expoitation of undocumented immigrants, and for those who aid and abet this criminal enterprise. This enactment would also add this crime to the predicate crimina offenses currently codified in the RICO Act.
Family Friendly Freedom Act (FFA)
The increasing cost of education and child healthcare has a direct impact on families and an indirect impact on businesses. So, we are developing a conservative approach to aiding families that will facilitate their abilities to provide a successful launch for the dreams of their children and succeeding generations.
Currently, under the tax code, the tax credit available to businesses for creating childcare for their employees is capped at $150,000 per year, which is not a lot. Under the Family Friendly Freedom Act (FFFA) we plan to increase that cap exponentially to a million dollars, permitting small businesses to offset expenses for providing childcare practically entirely.
In addition, under the FFA, we propose a plan much like the one in Virginia, providing an unlimited cap on tax credits to businesses that provide scholarship assistance to employees, but to include not just higher education, but also K-12.