[ April 30, 2024 ]
More poison fruit of the suicidal political correctness that dominates government and law enforcement nationwide.
“The Garland Shooting Was Entirely Preventable,” by David French, National Review,
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Prosecutorial mistakes and a politically correct judge exposed Americans to a potential massacre.
The Garland, Texas, police officer who gunned down two Islamic terrorists not only saved the lives of his fellow officers and the innocent citizens at Pamela Geller’s “Draw Muhammad” contest, he saved the consciences of federal prosecutors and a federal judge from a terrible burden — the knowledge that they botched a case that could have prevented a massacre. Shooter Elton Simpson should never have been in Garland, Texas, on May 3, 2015. He should have been serving time in federal prison.
As has been widely reported, In 2011, Simpson was convicted of making a false statement to the FBI about his intention to travel to Somalia. He was acquitted, however, of the charge that his false statement involved international terrorism, which carried with it a potential sentence enhancement of up to eight years in prison. Instead, he received a mere three-year probation and a $500 fine.
But what was the evidence against Simpson? Why was he acquitted? The answer lies in Judge Mary H. Murguia’s March 14, 2011, order in the case. President Bill Clinton first appointed Judge Murguia to Federal District Court, and President Obama has since elevated her to the Ninth Circuit Court of Appeals. She’s been mentioned as part of the “diverse bench of progressives whom Obama or future presidents could tap for Supreme Court vacancies.”
Simpson waived his right to a jury trial, so Murguia served as both judge and jury in the case — interpreting the law and finding the facts. According to her order, Simpson had long been monitored by the government, primarily through an informant, Dabla Deng. Mr. Deng recorded a number of conversations in which Simpson not only expressed sympathy for jihad but also a desire to join the fight.
Shooter Elton Simpson should never have been in Garland, Texas, May 3, 2015. He should have been serving time in federal prison.
Simpson — according to the court order — declared that “Allah loves an individual who is ‘out there fighting [non-Muslims]’ and making difficult sacrifices such as living in caves, sleeping on rocks rather than sleeping in comfortable beds and with his wife, children and nice cars.” He also directly referenced the alleged eternal rewards for jihad: “If you get shot, or you get killed, it’s [heaven] straight away.”
Simpson discussed Palestine, Iraq, and Somalia, indicating — again, according to the judge’s summary — that “If ‘a brother’ in Palestine has his house bombed, you should feel like that bomb landed on your house.”
He continued:
That’s why they get fought. You try to make us become slaves to man? No we slave to Allah, we going to fight you to the death.” Mr. Simpson then mentioned Palestine, Afghanistan and Iraq and stated “Some people they don’t believe that they should be over there fighting. That’s the problem. That’s like a disease in the heart, man. . . . [I]t’s a small group of brothers who can see and understand why. . . . Some brothers don’t have the same understanding.”
The discussions soon grew more specific:
In another recording from May 29, 2009, Mr. Simpson told Mr. Deng “it’s time to go to Somalia, brother . . . we know plenty of brothers from Somalia.” Mr. Simpson and Mr. Deng then discussed their possible contacts in Africa. Mr. Simpson then said “It’s time. I’m tellin’ you man. We gonna make it to the battlefield . . . it’s time to roll.”
On June 16, 2009, Simpson told Deng, he was “getting up out of here.” Simpson discussed a video about the “permissibility of doing martyrdom operations.” He talked about going to a religious school, then said, “School is just a front. School is just a front and if I am given the opportunity to bounce . . . ” He also described to Deng how he would explain away his travel plans by saying “I’m just trying, trying to travel, trying to see the world.”
Simpson did not take the stand to explain the statements, and their authenticity wasn’t in question.
The federal government provided the recordings, interpreted them as indicating intent to join jihadists, but then — incredibly — failed to provide adequate proof of the pervasive jihadist violence in Somalia. Rather than put a true expert on the stand, the government relied on the same FBI agent who’d been working with the informant. Here’s what allegedly qualified him to testify authoritatively about “the current political situation in Somalia”:
Agent Hebert explained that he obtained this knowledge from attending a seminar at West Point, which briefly covered the subject of Somalia. He explained that he had also attended training seminars at the FBI in Phoenix on the political situation in Somalia. Agent Hebert has also done some of his own reading of books and seen news media regarding Somalia.
The judge was not impressed:
As an initial matter, the only evidence the Government offered regarding the political situation in Somalia came from Agent Hebert, who testified that he learned about the country from attending a few seminars and from media such as news reports and youtube videos.
But then the judge went further, holding that “the Government did not prove beyond a reasonable doubt that the Defendant’s discussions about traveling to Somalia were related to the political situation Agent Hebert described.” Here was her reasoning:
It is true that the Defendant had expressed sympathy and admiration for individuals who “fight” non-Muslims as well as his belief in the establishment of Shariah law, all over the world including in Somalia. What precisely was meant by “fighting” whenever he discussed it, however, was not clear. Neither was what the Defendant meant when he stated he wanted to get to the “battlefield” in Somalia.
Yet the doubt Judge Murguia injects into the meaning of the words “fighting” and “battlefield” is hardly reasonable. Indeed, her own “findings of fact” are devoid of any use of the terms outside of references to ongoing combat. This extraordinarily charitable reading of explicitly martial words reeks of political correctness, of the desperate desire to provide an alternative meaning for clearly expressed jihadist intent. Judge Murguia is certainly correct that expressions of “abstract beliefs” are not unlawful, even when those beliefs are “noxious,” but this case contained evidence not just of “abstract beliefs” but statements like, “We gonna make it to the battlefield . . . It’s time to roll.”
Casual prosecutions and wishful judicial thinking will not protect the American people from jihad.
Through its failure of proof, the prosecution gave the judge an opening to read words like “battlefield” and “fighting” outside of their clear and unmistakable context. Yet this failure does not excuse the judicial injection of reasonable doubt into declarations of violent intent absent any testimony providing an alternative explanation.
We are fortunate that the planning, preparation, and training of the Garland, Texas, police and the phenomenal marksmanship of one hero cop were sufficient to overcome the failures of federal law enforcement and the federal judiciary. Casual prosecutions and wishful judicial thinking will not protect the American people from jihad.
— David French is an attorney, a staff writer at National Review, and a veteran of Operation Iraqi Freedom.
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57 Comments
8 years ago
Who keeps electing these Fools? You can see them by their Fruits!
8 years ago
911 Could Have Been Prevented If The Wright Brothers Did Not Invent the Plane. utter nonsense
8 years ago
As for the absurd claim the the Muhammad cartoon contest provoked the jihad attack. This claim of the far-left is folly. For the villains being those jihad minded Muslim thugs who committed the shooting are be to blamed along with Islam with its Koran which instructs in violence and killing. So its the death cult which is Islam and the follower of this violent and deadly religion with are to blame. It’s not the fault of the cartoon event. This only shows that it must be true in what they say. Which is “Evil is always looking for an excuse.”
8 years ago
Reply to
Walter Sieruk
Agreed. When are these people going to wake up and understand that Islam is a real threat to Americans, and to the whole free world?
8 years ago
Reply to
JoseAngel
I think the focus on Mohammad has allowed Muslims and leftists to shift the debate away from the perverted ways of Islam…..We need to get the focus back on that.
8 years ago
Actually, a successful ISLAMIC Jihad attack was prevented, and the bonus was the extermination of two sub-human scum
8 years ago
Good God Pamela, are you so insecure and lack the self esteem necessary to properly call out when you are surreptitiously injecting your own written opinions into a piece that you appear to be quoting?
Do you really think that sneaking your own opinions into the written work of someone else would slip past an objective mind?
Don’t bother trying to edit your mistakes out, because I’ve already captured both your post, and the original article, and have stored both of them out of reach of any attempt on your part to revise history.
If you’re going to project yourself as an an adherent to Ayn Rand’s philosophy, I’d think that would require an honesty that seems to have been slipping away from you in recent years.
I don’t doubt your passion, but I don’t think that any reasonable person should trust someone who repeatedly declares that she is at war.
8 years ago
Reply to
Tyrehl Byk
Are you talking about the tag line before the actual credited article; obviously Ms. Geller’s words?
8 years ago
Reply to
Kdo
No, I’m talking about the interjections she made in the posting here, that weren’t attributed to her.
8 years ago
Reply to
Rick Smith
There is a sticks and stones reference that I’d rely on. The two interjections are there. You need only to be willing to look for them.
8 years ago
Reply to
Tyrehl Byk
LOL of course a simpering limp dick dhimmi wouldn’t take offence he can’t afford to.
8 years ago
Reply to
Tyrehl Byk
And, by the way – Why do you make me look for responses to MY questions in comments addressed to other commenters?
Sneaky,Sneaky.
8 years ago
Reply to
Rick Smith
Yup- Make me play “whack-a-troll” until I get bored, or he runs off to leave his stinky droppings in another thread.
Feh.
8 years ago
Reply to
Tyrehl Byk
I have compared the two articles and find NO DIFFERENCE in their contents whatsoever.
Prove your claim, FAKE Objectivist.
8 years ago
Reply to
Tyrehl Byk
Speaking of “insecure,” perfect description of an ideology with 1.6 billion followers that cannot take a hint of criticism without resorting to murder and mayhem.
8 years ago
Yep…it could’ve been prevented alright if they had drowned that filthy rat muhammed at birth and raised his afterbirth.
Ohh…maybe they did just that!!!. bummer!!!
Next best thing would’ve been to keep them asshats on the other side of the pond to start with
8 years ago
Reply to
Tyrehl Byk
Well, it would have saved the evil sack of sh*t’s 9 year old child bride Aisha from the horrors when the sick 53 year old monster Muhammad consummated the perverted union. I think that alone is worth the sentiment. Don’t you? LOL of course not.
8 years ago
Actually there could be a reasonable argument made that this event provoked the attack, but Pamela Geller’s statements after the fact declaring that her intention for holding this event was to honor the sacrifices made by the Charlie Hebdo victims pretty much absolves her of any liability and escapes that argument.
How convenient, since the record clearly shows that in the run-up to the event, it was consistently billed as an art exhibit, and NOT a free-speech event. It was only after the tragedy that the Geller spin-machine began to re-cast this as a free-speech event.
I’m not stupid, nor is the American Public. I think we’d all appreciate not being treated as such, and it is at Ms. Geller’s peril if she chooses to continue to do so.
8 years ago
Reply to
Rick Smith
ISIS, and it’s anti-life philosophy is nothing that I would ever cheer for.
8 years ago
Reply to
Kdo
Please defend your premise or refrain from acting as if you are intelligent. What exactly are you suggesting that I’m faking?
8 years ago
Reply to
Tyrehl Byk
Your phony Objectivism, which I have questioned in numerous unanswered comments with specific, if not detailed, criticisms – (for example – your failure to differentiate between a concept and a definition), and (for a good example of concrete fakery) your claim that Ms.Geller doctored the original article which this post reprints.
You have provided no proof.
8 years ago
Reply to
Kdo
Hmm…with all due respect Kdo, I don’t see a single question from you in this thread.
Perhaps it is you that has provided no proof?
8 years ago
Reply to
Tyrehl Byk
I have told you that I find NO difference in the two articles.
I have ASKED you to provide proof (Paragraph and line) of doctoring on PG’s part.
You have not done so.
8 years ago
Reply to
Rick Smith
What specifically have I said that would give you a reason to believe so?
8 years ago
Reply to
Tyrehl Byk
Why didn’t you reply on my comment about the child raping prophet Muhammad? Don’t you think it would have been better for the evil warmongering child molester to have drown like a filthy rat and save the 9 year old child bride the horrors of a 53 year old scum bag from raping her?
8 years ago
Reply to
Rick Smith
Rick,
It’s most likely that I didn’t respond because the comment you’re referring to wasn’t contained within this current thread.
I haven’t seen it, and it is inappropriate for you to try and pivot the conversation to a subject that I haven’t addressed.
8 years ago
Reply to
Tyrehl Byk
Yes it was. Here is what you responded too:
“Yep…it could’ve been prevented alright if they had drowned that filthy rat muhammed at birth and raised his afterbirth.
Ohh…maybe they did just that!!!. bummer!!!”
And you dismissed the comment so I asked you if the rat’s drowning wouldn’t have been good for the poor little Aisha of which you ignored. Tell us limp dick dhimmi?
8 years ago
Reply to
Rick Smith
Rick, if you are so self-absorbed that you think that every word you post in any thread you contribute to should be retained by anyone posting to this forum, in any thread they contribute to, then I pity the trap you’ve created for yourself.
What a small world you must see.
8 years ago
Reply to
Tyrehl Byk
” art exhibit, and NOT a free-speech event”
So an art exhibit can’t be an expression of free speech?
“I’m not stupid”
LOL
8 years ago
Reply to
Rick Smith
Perhaps not stupid, but at the very least, certainly ignorant of more integral ideas.
8 years ago
Reply to
Tyrehl Byk
Whatever she chooses to call it, 100% protected by our Bill of Rights. Deal.
8 years ago
Reply to
Tyrehl Byk
Ever heard of freedom of expression? Of course not, because no such thing exists in the izlamic-nazi world…
8 years ago
Reply to
Tyrehl Byk
There prophet died 1400 years ago! Does he still have feelings?? What right do Muslims have to tell us we can’t draw a picture of there prophet! Sounds like a huge over each of controlling others that is clearly asking for trouble like yesterday big time!!!!!
D
8 years ago
But surely the jihad attack at the AFDI free speech event WAS
prevented, and in the most satisfactory way for all concerned? The muslim shooters won’t trouble any of us
again, and since their own view was that “if you get shot, or you get killed,
it’s heaven straight away” they have got their heart’s desire. In business they would call that a win-win.
8 years ago
Pamela, you rock. You are the bravest woman I know. Fight the good fight, we are behind you, we got your back. Continue to stay safe and remember jihadist are only punk ass bullies. Just outgun the punks. <3
8 years ago
more fruits of affirmative action and raced-based government policies. 50 years ago i doubt this woman would have qualified to be a clerk on her own merits, now she’s supreme court material
8 years ago
I don’t see you rocking at all, Pamela. What I see a is tragically insecure woman flailing
desperately to try and make others see the world as you see it rather than as
it is.
That is not heroic. I see it as mostly sad.
You have my pity.
8 years ago
Reply to
Tyrehl Byk
Pamela reminds me of Molly Ross in Glenn Beck’s book,The Eye of Moloch…where a noble lady risked her life trying to expose a corrupt government to the people but at the end of the day she realized everything she was trying to expose was already in plain sight but no one cared…Same with Pam,what she is trying to warn donkeys like you about,everyone already knows….the way women,minorities and gays are treated,everyone knows but as long as you live in a place where you feel safe from that,you say to hell with everyone else.
8 years ago
Reply to
Tyrehl Byk
I see that she can stand against a satanic ideology, and that Islam is so insecure unlike Christianity that they can not endure or defend themselves from critics without terrorism and lies.
8 years ago
Reply to
Tyrehl Byk
We are having a laugh. Ms. Pamela Geller is an insecure woman. Well, in that case I hope there are more like her on this planet. On which side are you on? Please do not appease the Muslim morons because the next one will be you on their list. I want to become the most hated person in the Islamic world.
8 years ago
Love you Pam….I think it would be more effective if you forget about these Mohammad events and start holding events focusing on the way Islam treats,women,minorities and gays…..and see if O’Reilly and others still have the balls to condemn you.
