LEAHY'S HATE BILL HEARING A SHAM
By Rev. Ted Pike
26 June 09
Today Sen. Patrick Leahy delivered on his promise to hold a federal
hate bill hearing. Yet it was meant to only further his agenda, strongly
slanted against opponents of the hate bill.
Attorney Gen. Eric Holder and three other hate bill witnesses chosen
by Leahy had a four-to-two advantage over opponents of S. 909, the
Matthew Shephard Hate Crimes Prevention Act. The two pro-freedom witnesses
surprisingly included Gail Heriot, one of the six members of the US
Commission on Civil Rights who have publicly opposed the hate bill.
Leahy’s time restrictions (little more than two hours) forced
these outnumbered patriots, led by the excellent arguments of Sen.
Jeff Sessions, to severely narrow their objections. An issue of such
danger and complication demands at least three days of hearings, with
more than just two witnesses permitted to object!
Here are some of the arguments which Judiciary Democrats, Holder and
Leahy’s three witnesses gave:
• Hate crimes are an increasing “serious national problem
that devastates entire communities.” The federal government doesn’t
want to take over all hate crimes enforcement but should be empowered
to provide “backstop” intervention in case the states can’t
or won’t prosecute hate criminals.
• The hate bill will never threaten freedom of speech. It is
only directed against violent hate crimes.
• It will not enforce “double jeopardy” (empowering
the government to retry an individual acquitted by the state of
a hate crime the government thinks he committed).
• Pro-hate bill testimony was heavily woven with the assertion
that the Holocaust Museum shooting is a wakeup call, proving the
need to legislate against prevalent and increasingly violent racism.
Most Judiciary Republicans were absent or called away from the hearing
by debate over healthcare reform on the Senate floor. Yet Sen. Orrin
Hatch, before having to leave, expressed the dominant question of Republicans
through the hearing: Can Holder or anyone else give examples of how
US states currently fail to enforce the law against hate criminals?
Repeatedly, Holder was asked this question and couldn’t answer.
Republican Senators and their two witnesses attacked the hate bill,
saying that FBI statistics show hate crimes are actually declining.
They asserted that the hate bill is “overly broad” and
gives the Attorney General, a political appointee, the right to pick
and choose whom he and the government want to indict. These defenders
of freedom also correctly stated that the hate bill empowers the government
to retry individuals acquitted of a hate crime by the states. They
said the hate bill gives Americans no equality before the law—a
fundamental privilege of being a citizen.
Under questioning, Attorney Gen. Holder was surprisingly forthright
in admitting that the hate bill is not intended to protect everyone,
or even the majority. He said only historically oppressed minorities
were to benefit. This means Jews, blacks, homosexuals, women, etc.
Holder made it clear that if a white Christian male, including a serviceman
or police officer, was the victim of a violent hate crime by any minority
he would have to find redress from traditional law. He could not avail
himself of the triple penalties and rapid government/justice system
response given a protected minority.
There was no time for discussion of other major problems with S. 909,
such as the following:
• S. 909 gives at least initial preferential rights and protection
to homosexual pedophiles—any homosexual who screams “Hate
crime!” This problem was repeatedly expressed by House Judiciary
Republicans seven weeks ago but omitted today.
• Terms such as “actual or perceived sexual orientation,” “gender
identity,” etc., are the conceptual pillars of the hate bill.
But Democrats can offer no precise definitions of these amorphous
• Similar “anti-hate” laws have destroyed free
speech in other countries of the Western hemisphere. There was no
mention in the hearing today of hate laws in the outside world.
• The specific text of the 1968 hate law needs to be cited and
examined. Title 18, Sec. 2a says anyone whose speech “induces” a
hate crime may be punished “as a principal.” The dangers
of this federal statute were repeatedly emphasized by House Republicans
earlier, especially Rep. Gohmert, but left out today.
• This bill blatantly violates the 14th Amendment. Holder repeatedly
admitted S. 909 gives preference to a minority over the majority.
Yet he was not challenged on the way this violates the 14th Amendment,
which forbids legal preference.
• S. 909 violates the 10th Amendment to the Constitution. Democrats
argued today that it is a good thing to establish a “uniform,
seamless” relationship between federal and local police by
abolishing at least six major barriers to federal takeover of state
law enforcement. There was no time for significant rebuttal.
The above are only some of the enormous concerns to which Leahy denied
a hearing by limiting time and witnesses. If the hearing today had
allowed at least one more opposing witness, such as hate law authority
Robert L. Knight, or another day’s testimony, these issues and
more might have been addressed. This was truly a kangaroo hearing,
meant to give only the illusion of due process. It was acted out on
a steeply slanted playing field; Leahy intended to move the outcome
in one direction: passage of S. 909 by a similarly biased Senate.
Continued to call all Senators asking them not to vote for the pedophile-protecting
hate bill (names on Action
Page at www.truthtellers.org). Call
1-877-851-6437 toll free or 1-202-225-3121 toll.
There may still be opportunity in the Senate mark-up session for Republican
Senators to express objections and even amendments to S. 909. Continue
to encourage opposition among Republican Senators, particularly those
on the Senate Judiciary Committee. Tell them: “Please continue
to do all you can to speak out against the pedophile-protecting hate
bill S. 909.”
Also, encourage staffers to watch NPN’s gripping 9-minute video, “Stop
the Pedophile-Protecting Hate Bill!” at www.truthtellers.org.
Let the Anti-Defamation League teach you how they have saddled 45 states with
hate laws capable of persecuting Christians, and spearhead attempts to pass the
federal hate crimes bill: http://www.adl.org/99hatecrime/intro.asp.
TALK SHOW HOSTS: Interview Rev. Ted Pike on this subject.
Call (503) 631-3808.
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