Legal Survival No. 2: Avoid "Day of Reckoning" Nonsense

First of all, I don't prep just for some cataclysmic end-of-the-world event where the U.S. government will fail and I get my chance to play Mad Max in the post-apocalyptic world. I prep because situations can happen in which I must be reliant upon myself for surival. These range from power outages to the collapse of Western Civilization.

Speaking of the collapse of Western Civilization, it is clear to anyone with two brains cells working at the same time that Western Civilization is in the process of imploding. The reasons are far too numerous to discuss in a blog post. Aside from the pervasive intrusions into our God-given liberty by our supposedly representative federal government, our government has reached the point where it cannot pay out the spoils that the citizens have voted themselves from the public treasury. The last act in this farce will be when the Gub'mint credit card is declined.

Many states, counties, and municipalities face a similar fate. Similar, and not identical, only because states, counties, and municipalities do not have the ability to print money. Any government can borrow with the consent of its constituents. Most have borrowed and/or run up deficits beyond the ability of a vindictive, spurned ex-wife at the casino with the ex-husband's wallet and credit cards. And all with the consent of the governed. After all, 52% of the country voted for Barack Hussein Obama, including a majority of non-felons who were born in the United States and actually voted their own ballot. In my own state, in the last two elections a majority of voters chose the libtard Christine Gregoire for governor, including 100% of the convicted-felon, post-vivos, incapacitated, non-citizen, and non-existent (also known as ACORN-registered) voters.

Now, finally, I am able to get to the point. I have been reading some posts indicating that in this collapse cycle and/or revolution there will be a day of reckoning for government employees, at the hands of liberty-loving citizens. There is some disagreement on targets: It ranges from only politicians and judges and others who have been direct participants in destroying liberty/the constitution/the republic, to all government employees. By the way, all elected officials and appointees (even judges) are government (or public) employees.

This idea that any government employees should be targeted, unless they are directly threatening you or your family, is nonsense. Despite the encroachment of the FedGov on our liberties, we are not at war and are not even close to being at war, no matter how much "tyrannical government" hyperbole is drawn up. We still have something that was unavailable to the colonists in 1776: We can vote to change our government. The government we have was voted into power by the citizens; this government and its abuses are what the collective citizenry voted for and apparently wants. An opportunity exists in November 2010 to change the government, and towards that purpose I recommend voting out every politician who has crapped on the Constitution. That means just about every Democrat, Republican, Independent, and other affiliated politician serving in Congress, state legislatures, governorships, county commissions, and city councils across the country. Yes, we do have a bill of grievances to be resolved, but if we want change we must use our votes first.

Despite my declaration that we are not at war with the government and no where close to being at war, the government has passed laws and taken actions which may reasonably be interpreted by free citizens as increasing the power of the government at the expense of individual liberty. As a free citizen I do take offense at such laws and actions by the government and I do believe that free citizens do have grievances against this currently extra-Constitutional government which need redress.

I know that many have lost confidence in the power of the vote to change the government from its liberty-destroying path. I recall an exchange I had with Ye Old Furt about what I can do with my vocation to help others in the prepping community. I am not a gunsmith, millwright, farmer, military tactician, or other profession which may be inherently useful in a post-government, post-collapse/apocalypse world. I do, however, have legal knowledge that I can pass on to others in order to help those of us in the "liberty movement" and to convert others to the cause. Our founding fathers invested much time in appealing to the citizenry and seeking peaceful redress to grievances prior to targeting the government for revolution. We should do the same prior to taking up arms.

What I do on a regular basis is to talk to others I know and encounter about conditions in this country, how far we have strayed from the Constitution, what individual rights are recognized by the Constitution, and what we can do to change the government and restore liberty. What can you do? What do you do?

This topic has been simmering beneath the surface with me for some time. The main reason is that I see derogatory references from time-to-time, even from bloggers I respect such as Jim Dakin and Michael Boone, in regard to lawyers. Not all lawyers are cogs in the wheel of government oppression. Most are actually decent people, just as most travel-trailer dwelling survivalist types are decent people. I am a lawyer and I am getting a little tired of the over-generalizations about lawyers. I am especially tired of the oft-quoted, mis-contexted Shakespeare, "first thing we do, we kill all the lawyers", which was actually expressed by Dick the butcher in support of Jack Cade's socialistic revolution with Cade himself as dictator. So I naturally take offense at the idea that rank and file, non-lawmaking, non-policy-making government employees should be fair game.

I agree with M.D. Creekmore that government will not disappear in the event of a collapse or other cataclysm. Government will likely still exist, and will likely still be able to take care of anyone who moves to attack it. By definition of a revolution, the government will still exist in the event of a revolution. Attacks on government will be met with government action: persecution, prosecution, suicide by government agent, etc.

Besides the certainty of government action against anti-government action, there are other considerations of a more practical matter:

1) The inherent unconscionableness of attacking low-level, non-policymaking employees. Low-level employees are citizens and have friends and family just like almost everyone else. The public opinion backlash for attacking a low-level employee would be disastrous for the attacker(s) and harmful to the liberty movement.

2) Consistency would require attacking any person or entity that "feeds the beast". I am referring here to persons who have advocated all governmental employees as fair game because they have chosen to be a cog in the machine. So, any person who knowingly and willingly provides service or support to the oppressive government is a legitimate target, if we are to be consistent. Did you pay your taxes? If yes, put an "X" on your forehead. Did you provide service or materials to a goverment entity, even if it was just mowing the courthouse lawn? If yes, put an "X" on your forehead. Do you show up for work at a company that provides services or materials to a government entitiy? If yes, put an "X" on your forehead. Do you get a government check of any kind? If yes, put an "X" on your forehead. So what if you could go to prison for not paying taxes, or lose your home for not going to work, or starve to death if you don't cash the government check, but we are talking about principles of liberty here, which require such sacrifice.

3) There are too many liberty-loving, yet peaceful citizens who would be alarmed at the idea of attacking low-level government employees, and would turn in anyone who had even formulated a plan to do so. I am one of them.

4) There are a lot of government employees who are liberty-loving and armed citizens of this country. Just as any nut-job who thinks he is going to "kill all the lawyers" had better bring his own body bag when targeting me (mine are on backorder), he had better not ignore the fact that many government employees also believe in their right to keep and bear arms and to defend the life and liberty of themselves and their families.

I had not originally thought of making this a "Legal Survival" post, but I realized that I was due for another installment and that this is a perfect opportunity to pass on some legal information for preppers.

So here it is: Don't get any ideas of exacting retribution on government employees or that government employees are fair game in the coming revolution or efforts to restore the Constitutional Republic. The usual exceptions apply for defense of self and family, although you better be damn sure that you or your loved ones are in danger of imminent death or grave bodily injury. In the case of revolution or restoration of the republic, execution of those responsible for tyrannous acts would be proper only after due process of law. If you expect the right to life, liberty, and the pursuit of happiness, make sure that you are prepared to guarantee that right for all citizens.

Legal Survival No. 1

If I wore a hat, I would have to tip it to all those lawyer-hating bloggers out there who mention lawyers every time they rant on what is wrong with America. Although I disagree, I understand the sentiment. Lawyers are the obvious and most visible manifestation of our litigious society. Easier to pick on a guy in a nice suit and perfect hair than the poor, helpless client who smoked four packs a day in- between devouring four fried chickens while watching Oprah and Dr. Phil.

As penance for all the wrongs I have perpetrated on society, I thought I should write a series of posts on common-sense legal topics for preppers, libertarians, and anti-government types. Nothing that I write is intended to be taken as specific legal advice to any person, place, or thing. Your results will likely vary.

This is the first installment.

KEEP YOUR FREAKING MOUTH SHUT.

This is probably the best advice that any lawyer will ever give any client. Not only do loose lips sink ships, but they also provide new "girlfriends" to large, tattooed men who reside in state-run communal facilities, otherwise known as prisons. A large percentage of crimes are not solved by a bunch of technicians running around in lab coats, but by informants, snitches, friends, and relatives.

I know, I know: You're not a criminal, so why worry? In this day and age, just about everything seems to be illegal or on the way to becoming illegal. You may not be a criminal now, but you may be sometime in the future. Just remember that semi-automatic rifles were once legal in California. Then they became illegal except for grandfathered and registered rifles. Then the grandfathered rifles became illegal and had to be surrendered or shipped out of California. What if you and your buddy held on to your previously legal rifles because you believe California's law is void under the Second Amendment? What if your buddy's wife rats him out during a nasty divorce, or rats you out because you took his side?

Being preppers, we recognize that the future is uncertain. This applies to changes in the law and our relationship with the government just as much as it does to oil spills, earthquakes, terrorist attacks, etc. Those things we do that make us independent, prepared, and that separate us from the sheeple at large are things that could subject us to scrutiny from government entities and possibly laws targeted at us. We are already familiar with gun grabbing politicians, BATFE, and anti-gun police. Depending upon what happens in the future, we may have to deal with food rationing, fuel rationing, water rationing, travel restrictions, property use restrictions, and other governmental limitations on liberty. The things we preppers do differently from the public at large, such as food storage, water storage, fuel stocking, gun collecting, and other preparations, we should each keep to ourselves. I know that this is commonly referred to as OPSEC, and it applies to interactions with governmental entities as well.

It is a good idea to keep in mind that part of the Miranda warning that states, "Anything you say can and will be used against you in a court of law." When dealing with any government agent, from the police to the building inspector to the Department of Motor Vehicles clerk, keep this warning in mind. Never say anything more than is required to deal with the business at hand. Be polite, answer relevant questions as succinctly as possible, and do not volunteer any additional information.

Again, I am not assuming that anyone out there is a criminal or is contemplating committing crimes. A practical example of what I am referring to: If you have a bunker underneath your garage or have a well on your property unknown to the local code authorities, I don't think that you are a criminal for exercising your property rights, but the authorities may put a serious crimp in your preparations or keep you from using your property improvements when you need them most. Pre-SHTF the authorities could demolish your bunker and cap your well. Post-SHTF the authorities could seize the supplies in your bunker and/or commandeer your property to use your bunker and your well. If nobody knows, the risk of code enforcement showing up is lessened and the chances of maintaining your resources post-SHTF are increased.

Prior to TEOTWAWKI, loose lips about prepping activities can also have far more serious consequences than a visit from code enforcement. That offhand statement about your shelter or bunker can cause a sheeple neighbor to become alarmed. The neighborhood gossip mill then turns you into some heavily armed hardcore survivalist. Next thing you know, that minor dispute with the neighbor whose dog craps on your lawn escalates to you getting served with an anti-harassment restraining order alleging that you own a bunker full of dangerous weapons and instill fear in your neighbors. Worse yet, black pajama-clad police show up en masse at your front door to serve the restraining order, because it is alleged that you own dangerous weapons. Even worse, the whole process is a public record available to anyone at the courthouse.

Can it get any worse? Yes, it can. Once allegations start flying in legal proceedings and the police have been involved, you may be "on the radar" with law enforcement. When you get pulled over for speeding, you may get asked about weapons and if you will consent to a safety search of your vehicle and person. I once had a client who was surrounded by police cars every time he was pulled over for a minor driving violation. His reputation, via his mouth, preceded him. As soon as police saw him, he was pulled over and at least two more cruisers arrived for backup.

Even if you are legally entirely in the right, how much time and money does it take to deal with the government over an alleged law violation or to comply with a governmental investigation? Does anyone like to fork over a wad of hard earned cash to lawyers? Would it not be simpler to avoid attention from the authorities in the first place? That is my point. Add "Keep Information to Myself" to your list of prep items. If you avoid coming to the attention of the authorities prior to SHTF, your money can be spent on preps rather than lawyers. And you are more likely to be able to enjoy the fruits of your prepping once SHTF, rather than cooling your heels in the 6'x8'.