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The Second Amendment, Life, and Liberty

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The Second Amendment, Life, and Liberty

By Richard Moss MD

I want you all to know that I appreciate our 2nd amendment and the right we have as Americans to defend ourselves. I have a concealed carry permit and take full advantage of that. Indeed, I consider our second amendment one of our great blessings as citizens. It is unique to this nation.
I tie it directly to our Declaration of Independence and those words that have come to define our nation and gave birth to it,

“…that we are endowed by our creator with inalienable rights, that among these are life, liberty and the pursuit of happiness…” The 2nd amendment is implied in those words. Life and Liberty and the 2nd amendment are intimately entwined. For what good is the right to life and liberty if you cannot defend it against those who would take it from you including criminals, terrorists and a despotic government.
The right to self-defense and to bear arms is a primary, natural right. It coexists equally in importance with the right to life and liberty. They are necessary complements. These rights are God-given and inalienable. They are our birthrights and cannot be taken away by man or government.

The Second Amendment is critical to any understanding of the nation and its founding spirit.  It exists because of the value placed by the framers on life and individual sovereignty.  It was also seen as a bulwark against tyranny, of an all-powerful, central government, a grave concern for the founders who had just fought a war against tyranny in the form of the British Crown.

It is consistent with a society that embraces autonomy and freedom and rejects coercive state power.  History has given us regimes that enjoyed a monopoly on firearms, such as Nazi Germany, the Soviet Union, and others, and they have been its most violent and brutal, even genocidal.

The Second Amendment, as part of our Bill of Rights and Constitution, supersedes legislation, and can only be altered through the laborious amendment process.  Simple majorities and standard legislative practice do not come in to play here.  These rights are inalienable and cannot be taken away or tampered with through simple majorities.

It is unfortunate that liberals and President Obama use every mass killing as an excuse to attack our 2nd Amendment and law-abiding citizens – as we saw after the recent terrorist attack in San Bernadino California. There is no law they could pass that would eliminate those tragic killings. Indeed, California has the strictest gun laws in the country. And there is no 2nd amendment at all in France where horrific mass shootings have occurred.

If liberals were serious about controlling gun violence, they would secure our southern border, stop importing refugees from Syria, stop releasing violent felons and criminal illegal aliens into our streets, or terrorists from Guantanamo. They would end sanctuary cities. And they would call radical Islamic terror by its name instead of wishing it away. And they would stop liberal politicians from destroying our inner cities where most gun violence occurs.

I will defend our Constitution and our 2nd amendment.
I thank God I live in a country where I can protect my loved ones and myself. Thank You.

Richard Moss MD
Congressional Candidate, Indiana’s 8th district. Republican Party

FOOTNOTE:  This letter was posted by the CCO without opinion, bias or editing.

Pence Argues Email Privacy Ruling Should Apply To Him, Too

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Pence Argues Email Privacy Ruling Should Apply To Him, Too
Hayleigh Colombo , IBJ Staff

Gov. Mike Pence is using a recent Indiana Supreme Court decision to argue that he should not be required to release documents that have been deemed by law to be public records.

The Indiana Supreme Court ruled April 19 that it won’t compel lawmakers to release their emails to the public, even though it said the Access to Public Records Act applies to the General Assembly. The court said the separation of powers in the Indiana Constitution means the courts should not tread on lawmakers’ turf.

Now, Pence wants that same logic applied to him.

Indianapolis attorney William Groth sued Pence last year over documents relating to the Republican governor’s lawsuit related to illegal immigration. Pence was seeking to overturn an executive order by President Obama that deferred removal of about 4 million illegal immigrants. Seventeen other states also sued.

Groth asked a court to decide whether Pence’s heavy redaction and denial of those records was permissible under the Indiana Access to Public Records Act.

But Pence’s lawyers said last week the court should “decline to interfere in the executive’s internal operations” as it did with the Legislature in the recent case, Citizens Action Coalition of Ind. vs Koch.

“Just as the judiciary should not ‘intermeddle’ with the legislature’s determination of what constitutes its own work product, the judiciary should also not ‘intermeddle’ with the executive’s determination of what constitutes its own work product, deliberative material, or privileged material,” according to the filing submitted by Barnes & Thornburg LLP, which is representing the Governor’s Office.

Groth said his lawyer informed him that the lawsuit was dismissed Friday by the Marion Superior Court. He said the dismissal did not mention the Koch case, so he can’t be sure if Pence’s argument clinched the decision, but that he will likely appeal.

Pence’s lawyers filed their argument in the case on April 22, three days after the Supreme Court ruled in the Koch case.

In the Koch case, Citizens Action Coalition and two other groups the tried to get access to emails between utility companies and Rep. Eric Koch, R-Bedford, who is chairman of the House Energy Committee. The Supreme Court found that determining whether those documents counted under the APRA as legislative work is a “non-justiciable question,” meaning a matter it cannot adjudicate.

In the immigration case, Groth requested the contract the governor entered into with Barnes & Thornburg, who sued for the state instead of Indiana Attorney General Greg Zoeller, as well as copies of firm’s invoices. He also sought emails between the Texas Attorney General, who led the suit, and Pence’s office.

But the documents Groth received back were “heavily redacted,” he said, so he complained to the Public Access Counselor and ultimately filed the suit.

Public access advocates say their fears about the recent Indiana Supreme Court decision are already coming true.

Kerwin Olson, executive director of the Citizens Action Coalition, said he was worried the Supreme Court case would have negative, far-reaching implications, and this appears to be one of them.

“The Pence administration is already citing Koch as an additional authority to deny releasing government documents,” Olson said. “It’s quite astonishing and troubling. It further shuts the door to accountability and transparency in government when we should be going the opposite direction.”

The Pence administration declined to comment on the case because it involved “ongoing litigation.”

Groth said the governor’s assertion in the case is ironic given his recent veto of a bill involving the transparency of private university police departments.

Pence said at the time that “limiting access to police records in a situation where private university police departments perform a government function is a disservice to the public and an unnecessary barrier to transparency.”

“Less than a month later, he’s seeking to take advantage of the Supreme Court’s ruling to argue that he too should be exempt from complying with open government requirements,” Groth said.

Steve Key, executive director of the Hoosier State Press Association, said the implications of Pence’s request are troubling.

“If the judiciary takes this position, it would eviscerate the Access to Public Records Act because every agency would argue that a judge shouldn’t judge whether a document should be released under an APRA request if the agency’s position is that the record is part of its internal operations,” Key said. “The public’s ability to hold government officials accountable would be greatly hamstrung by such a policy.”
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Drug Has Taken Deadly Toll, And Left Health And Law Enforcement Officials Scrambling

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Vials of a confiscated synthetic amphetamine called flakka that killed 61 people in Broward County in a little more than a year. States have been reworking drug laws to make it easier to classify synthetic drugs as illegal.
It’s been four months since anyone in Broward County, Florida, has died from an overdose of alpha-PVP, known as flakka, a crystal-like synthetic drug meant to imitate cocaine or methamphetamine. But the drug has already taken a deadly toll, and left health and law enforcement officials scrambling to stem a new public health crisis.

In small doses, flakka elicits euphoria. But just a little too much sends body temperatures rocketing to 105 degrees, causing a sense of delirium that often leads users to strip down and flee from paranoid hallucinations as their innards, quite literally, melt. If someone survives an overdose, they are often left with kidney failure and a life of dialysis.

Flakka is among a growing number of addictive and dangerous synthetic drugs being produced easily and cheaply with man-made chemicals in clandestine labs in China. But because the drugs were largely unregulated when they first hit the market, some states have struggled to combat them. Now legislators, health professionals and police are trying to eradicate the drugs by making it easier to qualify them as illegal and ramping up the criminal penalties for selling them.

Since 2010, when synthetic drugs started becoming popular in the U.S., 32 states have passed laws to make it easier to classify synthetic drugs as illegal. This year, the District of Columbia and Florida passed similar measures, and in at least 10 other states, changes to controlled substance laws took effect, according to the National Alliance for Model State Drug Laws (NAMSDL).

Among the most popular synthetic drugs in the U.S. are synthetic cathinones, known commonly as bath salts, and synthetic cannabinoids, essentially smokable imitation marijuana products, which are sold in stores using kid-friendly branding like Scooby Snax.

It had been difficult for states to classify synthetic drugs as illegal, a process known as scheduling, because drugs are typically banned based on the compounds they contain. Under that system, manufacturers can change a molecule of an illegal synthetic drug, essentially rendering it legal.

“It does seem to some extent that everybody’s a step behind what’s being produced,” said Jonathan Woodruff, an attorney with NAMSDL.

While the federal Drug Enforcement Administration is working to permanently add 10 synthetic cathinones, including alpha-PVP, to its list of scheduled drugs, some states have also been moving to modify how they schedule drugs.

This year, Florida and the District of Columbia enacted laws that change the way they schedule synthetic drugs. Rather than making the drugs unlawful based on their chemical makeup, the new laws classify drugs based on the type of drug and the reaction it causes.

The approach means that any drug that mimics an already illicit substance will automatically be illegal. The change will enable Florida to quickly prosecute drug cases and stomp outbreaks of new drugs, said James Hall, an epidemiologist with Nova Southeastern University.

“It bans substances before they appear or before we even know about them,” Hall said. “So it breaks this vicious cycle of a new drug appearing, finally getting it scheduled or banned and then another one rushing in to takes its place.”

These laws alone won’t stop the spread of synthetic drugs. But public health advocates are hopeful the Florida law will help prevent another flakka, from which 61 people in Broward County died between September 2014 and mid-December 2015.

In the District of Columbia, where in September 603 people were taken to the hospital after ingesting synthetic cannabinoids, the new law, which went into effect this month, is also expected to make it easier for police and prosecutors to charge and convict drug dealers.

Chasing Synthetics
In DeKalb, Illinois, one of the first places to adopt a similar law in 2012, City Attorney Dean Frieders said flakka and other synthetic cathinones like bath salts haven’t taken hold there. (A statewide law in the same vein was passed in 2015.)

But the city of almost 44,000 people, which is home to Northern Illinois University, did face a growing problem with retail sales of synthetic marijuana products, which are said to elevate mood and relax the user but have also been known to cause extreme anxiety, paranoia and hallucinations, as well as rapid heart rate, vomiting and violent behavior.

The ordinance not only banned the synthetic substances, but allowed city officials to suspend or revoke the tobacco and liquor licenses of businesses that sold the drugs, which Frieders said was effective.

“A business just can’t relocate to a different corner,” he said.

States are also sanctioning businesses for the sale of synthetic drugs to cut down on sales and adverse health reactions, Woodruff said.

The District of Columbia has shut down four stores that sold the fake marijuana products, which has led to a substantial decline in people needing medical attention after injecting them, said Robert Marcus, communications director for the District attorney general. The number of people transported to hospitals in the city after consuming synthetic marijuana dropped to 110 in February, down 82 percent in five months.

What’s Next?
Broward County officials say they expect the new scheduling of synthetic drugs to be helpful, but they relied on a different approach to largely eliminate flakka: working with the DEA to pressure the Chinese government, which last fall made it illegal to produce it and 115 other synthetic substances.

Heather Davidson, a prevention specialist for the United Way in Broward County, said officials in South Florida are at a “resting point” with flakka-related emergencies. But, she said, some dealers are passing off real methamphetamine and cocaine as the synthetic drug, even though those drugs are more expensive and have been around longer, because flakka has become so popular.

Broward’s flakka problem came to a head last year when county hospitals saw 360 cases related to the drug in one month. By December that number had dropped to 54, an 85 percent drop in five months.

“We still hear anecdotally that people are searching for flakka, that users are still wanting to find it,” Davidson said. “And I believe that another synthetic drug or synthetic compound will take its place.”

One of those compounds might be synthetic opioids, which are gaining popularity as it becomes more difficult to get prescription opioids like oxycodone and morphine in the wake of the nation’s painkiller- and heroin-addiction crisis. Those drugs, largely produced in Mexican labs, are made with fentanyl, a synthetic drug that is a hundred times more powerful than morphine and 50 times stronger than heroin. Davidson and others worry they will be behind the next epidemic.

Already nine people have died from fentanyl-based drugs this year in Pinellas County, Florida.

“Heroin you need to cultivate. You need fields, you need workers, you need labor,” Davidson said. “With something like a synthetic drug, you just need a laboratory and chemical compound and a base and you’re able to create it very cheaply.”

Adopt A Pet

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Eagles Fall to UIndy in GLVC Championship

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The No. 39 Screaming Eagles were defeated by No. 21 the University of Indianapolis, 5-1, in the Championship Match of the Great Lakes Valley Conference Men’s Tennis Tournament.

USI (17-5) trailed, 2-1, after doubles play despite two close matches. The Eagles’ duo of junior Aaron Barris (Marietta, Georgia) and freshman James Hardiman (Blackwell Bristol, United Kingdom) were the only USI doubles winners. The team picked up an 8-2 win to improve their season record to 16-0. Their 16th-straight win puts the duo one win away from tying USI’s all-time record for consecutive doubles wins.

The senior duo of Jack Joyce (Bournemouth, England) and Joel Stern (Mjoelby, Sweden) fell at number-two despite holding a 4-1 lead during the match. The team eventually lost their match 8-4. The comeback attempt for sophomore Samuel Kiladejo (London, England) and junior Paul Forichon (Nimes, France) fell short, losing the match 8-6.

Picking up the lone singles win for USI was Joyce at number-two. The senior avenged a regular season loss to the Greyhounds’ Christoph Drechsler with a 6-4, 6-3 win. With Indianapolis having four wins, Hardiman was tasked with keeping the Eagles alive in the championship match. The freshman dropped the first set 6-4 before sweeping the second set 6-0. In the third set, Hardiman fell just short, losing 6-4 as Indianapolis sealed a GLVC Championship.

The Screaming Eagles now await word on their NCAA Tournament hopes. In the most recent Midwest Region Rankings, USI was fourth with the top six teams earning a bid to the tournament. The NCAA Selection Show will be broadcast on NCAA.com Tuesday at 7 p.m.

University of Southern Indiana Tennis
#2E Southern Indiana vs #1E Indianapolis (May 01, 2016)

#21 #1E Indianapolis 5, #39 #2E Southern Indiana 2
May 01, 2016 at Plainfield, IL (5 Star Tennis Center)

Singles competition
1. #32 A. Huertas Del Pino (UINDY) def. Samuel Kiladejo (USI) 6-0, 6-2
2. Jack Joyce (USI) def. Christoph Drechsler (UINDY) 6-4, 6-3
3. Luke Hubert (UINDY) def. James Hardiman (USI) 6-3, 0-6, 6-4
4. Magnus Mueller (UINDY) def. Joel Stern (USI) 6-1, 6-3
5. Marco Razo (UINDY) vs. Paul Forichon (USI) unfinished
6. Andrea Morlet (UINDY) vs. Aaron Barris (USI) unfinished

 

Doubles competition
1. A. Huertas Del Pino/Andrea Morlet (UINDY) def. Paul Forichon/Samuel Kiladejo (USI) 8-6
2. Christoph Drechsler/Magnus Mueller (UINDY) def. Joel Stern/Jack Joyce (USI) 8-4
3. Aaron Barris/James Hardiman (USI) def. Marco Razo/Luke Hubert (UINDY) 8-2

 

Match Notes
#2E Southern Indiana 17-5; National ranking #39; Regional ranking #4
#1E Indianapolis 17-2; National ranking #21; Regional ranking #1
Order of finish: Doubles (3,2,1); Singles (1,4,2,3)
2016 GLVC Men’s Tennis Championship Final

USI Softball’s quest for GLVC title ends with 2 losses

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The University of Southern Indiana softball team ran into a couple of buzz saws in their quest for a Great Lakes Valley Conference title Sunday as the Screaming Eagles fell to No. 2 University of Indianapolis, 8-0, in six innings and to No. 6 University of Missouri-St. Louis, 10-0, in five innings.

USI (35-19), which lost via the eight-run rule for the first two times this season, has to wait until Monday morning to find out its NCAA Division II Tournament fate. The selection show is scheduled for 9 a.m. (CDT) at www.ncaa.com.

After playing Indianapolis (49-3) to a scoreless tie through four innings of their first game of the day, the Eagles fell victim to a five-run fifth inning that featured a pair of USI errors and five unearned tallies.

USI committed two more errors in a three-run sixth inning as the Greyhounds took firm control of the contest.

The Eagles struggled to get anything going offensively as their hitters were set down on strikes eight times. Junior catcher Haley Hodges (Portage, Indiana) had two of USI’s three hits as the GLVC Player of the Year finished the contest 2-of-3 against the GLVC Pitcher of the Year in UIndy senior hurler Morgan Foley.

USI’s offensive struggles continued into its elimination game against Missouri-St. Louis. USI was held to just four hits as the Eagles were shut out for just the fifth time this season and the first time in back-to-back games.

Missouri-St. Louis, meanwhile, wrapped a pair of two-run innings around a one-run second frame as the Tritons built a commanding 5-0 advantage. The Tritons ended any chance of a USI comeback as they scored five times in the top of the fifth inning to build a 10-0 cushion.

The 10 runs marked the most USI has given up in a game this season and the most since surrendering 12 runs in a loss to Truman State University April 11, 2014.

Freshman pitcher Haylee Smith (Florence, Kentucky) was charged with the loss in both games. Smith (11-8) gave up five unearned runs off six hits in 4.1 innings of work against Indianapolis before giving up three runs off four hits in 1.1 innings of work against Missouri-St. Louis.

USI, which finishes third in the GLVC Tournament after a 2-2 effort, began the week ranked fifth in the final NCAA II Midwest Region Rankings.

Indianapolis won the conference title with a 7-1 victory over Missouri-St. Louis in the championship game.

 

Aces drop extra-innings clash with Illinois State

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 In the end, a fourth comeback was not in the cards for the University of Evansville baseball team as the Purple Aces fell 8-6 in 10 innings to visiting Illinois State on Sunday at Charles H. Braun Stadium.

The loss, which was the first in a rubber game this season for UE, handed the Aces (24-17, 7-5 Missouri Valley Conference) their first conference series loss of the season, and the team will now enter next weekend’s conference clash with league-leading Dallas Baptist looking to make up a 1.5-game deficit.

ISU, on the other hand, picked up their first series win of the year to improve to 14-28 with a 4-7 league mark.

For the fourth straight week, the Aces turned to Alex Weigand on the mound to win the series, and for the most part, the freshman southpaw excelled. He bounced back from allowing a run in the first to hold the Redbird bats silent for much of the game before surrendering a score in both the fourth and the seventh innings. It marked the first time the Bourbonnais, Ill., native had allowed multiple runs in a start since April 2.

After playing a role in driving home the early equalizer in the second inning, Jonathan Ramon loudly announced his presence in the fourth inning with a game-tying solo blast to make it 2-2. It marked the 10th homer of the season for the senior, and the Jackson Heights, N.Y., native is now the first Aces hitter to record double-digit homers since the NCAA adjusted its bat standards prior to the 2011 season.

Ramon was one of six different Aces hitters to record multiple hits on the day. He finished 2-for-4 at the plate, and Josh Jyawook led the team with a 4-for-5 outing.

UE would take the lead with a Trey Hair single an inning later, but it was short-lived as the Redbirds touched home four times over the course of the seventh and eighth innings to grab the 6-3 edge.

A lead-off triple from Ramon got things going for UE in the bottom of the eighth, and an Eric McKibban single as well as Stewart Nelson flyout brought the Aces within one. Ramon followed up an inning later with a ninth-inning sac fly to make it even at 6-6.

However, ISU would surge ahead once again in the 10th as Brian Jestice surrendered a hit and a pair of walks to load the bases with one out. A sliding defensive play from McKibban at first base nearly helped the Aces get out of the jam, but ISU’s Owen Miller delivered a two-out bases-loaded single to left to plate the game-winning scores.

Miller finished with a 4-for-6 showing at the plate with five runs batted in, handing Jestice (2-1) his first loss of the season.

UE will be back in action later this week as the Aces are slated to close out the homestand with games against Murray State and Belmont before next weekend’s conference showdown in Dallas.

NOTES: The Aces are now 2-2 this season in extra-innings games … Jonathan Ramon’s homer marked the 40th of the season for the Aces, the most since 2010 … Since 1978, the Aces are 52-59 all-time against Illinois State … The first meeting between the two schools was a 1-1 tie in 1948 … Last season, the Aces took home two out of three in a series that was staged in Normal … UE won all three meetings by a combined 27-6 score in 2014, which was the previous trip to Evansville for the Redbirds.

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VANDERBURGH COUNTY FELONY CHARGES

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Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office today.

Johnny Lee Hazard III Possession of methamphetamine, Level 6 felony

Maintaining a common nuisance, Level 6 felony

Possession of marijuana, Class A misdemeanor

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Corvon Marquis Farris Escape, Level 5 felony

Malechi Austin Baker Armed robbery, Level 3 felony

Aiding, inducing or causing armed robbery, Level 3 felony

Interference with the reporting of a crime, Class A misdemeanor

Matthew Alexander Woods Possession of a narcotic drug, Level 6 felony

Possession of methamphetamine, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Aisha Lachelle Cook Maintaining a common nuisance, Level 6 felony

Possession of methamphetamine, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Delbert Anthony Crow Dealing in methamphetamine, Level 5 felony

Maintaining a common nuisance, Level 6 felony

Possession of chemical reagents or precursors with intent to manufacture a controlled substance, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Matthew Owen Hoskinson Neglect of a dependent, Level 6 felony