Seattle Judge Rules Against State Department, Free Speech in 3D code

Seattle Judge Rules Against State Department, Free Speech in 3D code
Seattle Judge Rules Against State Department, Free Speech in 3D code

U.S.A.-(Ammoland.com)- On 12 November, 2019, another semi-retired District Judge, in the Western District of Washington (Seattle), continued the judicial resistance against the Trump administration and the rule of law.  Senior Judge Lasnik was appointed by President Bill Clinton in 1998.

The Judge, Robert S. Lasnik, ruled the Department of State violated administrative procedure by deciding the ability of individuals to make simple small arms, already widely available, was not a “critical defense item” in the expansive International Traffic in Arms Regulations (ITAR) regulations.

The Department of State had reached this decision as part of a long running lawsuit brought by Defense Distributed on First and Second Amendment grounds.  The temporary order allowing Defense Distributed to publish and distribute its computer code was part of a settlement of the lawsuit, awaiting permanent regulations.

Several Democrat state attorney generals then filed the current lawsuit in the Western District of Washington (Seattle) on ideological grounds, claiming speculative and future damages, to prevent the court approved settlement with Defense Distributed and the Second Amendment Foundation, from going into effect.

Judge Lasnik ignored reality to make this ideological policy decision against the Department of State.

The code in question is, and has been, already widely distributed on the Internet. The small arms in question have long been widely available and easily made by individuals. The Obama administration added the code to ITAR for ideological purposes.

The Department of State made the argument that individual states did not have standing on international weapons law; the judge said they did, because it affected them!  Of course, international law affects everyone, in some way. Not a single actual case of harm was alluded to.

All the files disputed in the case are freely and legally available in the United States already.

The Department of State made the argument they were advised they would lose the court case on First Amendment grounds. They decided to settle.

The judge claimed they did not follow proper administrative procedure. The Department of State says they did.

The judge sidesteps all First Amendment claims by stating he is ruling solely on administrative procedure.

Judge Lasnik risks nothing through his reckless actions. He will be lauded and applauded by the left; he only risks being overturned. To be overturned, the case will go through months, possibly years more litigation.  As I wrote in a previous article:

It is unlikely the plaintiffs will prevail. The legal and technical arguments are bizarre. The State Department reached the settlement on the basis that they would lose the case in court, and because the technical arguments are not reasonable or rational. Judge Lasnik ignores that the State Department has responsibilities in international trade, not in domestic affairs. The judge openly states his opinion that this information will harm communities. He ignores the harm done to communities by ignoring First and Second Amendment rights.

The decision is a classic case of judge shopping and judicial activism. Judge Lasnik does not like what the executive branch is doing. He issues an injunction. He suffers no harm when he is ultimately overturned. He is a Senior Judge already retired, taking cases voluntarily. In the meantime, he causes considerable harm to the defendants. As the defendants in this case are in the Trump administration, that may be his desire.

In the meantime, Defense Distributed and the Second Amendment Foundation, and all American's rights are ground into the dust of delay. The initial court case was started in 2013.

This is another judge usurping power in the judicial “resistance” against the Trump administration and the rule of law.

We have a serious problem in the United States with rouge judges making policy decisions for the entire United States. President Trump was elected in a nationwide election. Judge Lasnik was not.

Justice Thomas has referred to it. Before President Trump, District Judges seldom claimed any power to negate law for the entire country. From Trump v. Hawaii:

In sum, universal injunctions are legally and historically dubious. If federal courts continue to issue them, this Court is duty bound to adjudicate their authority to do so.

Conservatives cannot simply ignore the court, because to do so brings about the chaos conservatives struggle mightily to prevent.

Leftists, on the other hand, welcome chaos as a means of overthrowing the system and bringing about a powerful, unlimited government.

The long term fight has been to replace judges who wield their power to create the “Progressive” government they want with originalists who see their duty, at least in part, to be faithful the the Constitution's limits on governmental power.

The Left's judicial resistance has slowed down President Trump's reforms. At the same time, President Trump has been appointing replacement judges at a record pace.

President Trump has appointed a higher percentage of judges than anyone since Franklin Delano Roosevelt (FDR). FDR appointed 193 Article III federal judges. President Trump has now appointed 159 Article III federal judges, and expects to have 182 in two months. Wikipedia reports there are 870 federal district, circuit and Supreme Court Judges. He expects to have appointed 219 judges when pending nominations are confirmed.  He could easily appoint more than another hundred Article III judges in a second term.

Judges such as Robert Lasnik can not be certain their decisions will be upheld in the Ninth Circuit.  They have great worries, if their decision goes to the Supreme Court.

They have significant cause to believe the court may trim back their extravagant power.

In one way, the delaying tactics of the Left have worked against them. With more and more Trump appointees, the chances of their decisions being overturned increase every week.



About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Tionico
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Tionico

This case did not name Trump as one of the parties, nor is any State named as a party. Most of these abusive and egregious lower Federal court “rulings” are totally unconstitutional, including the one by judge Lesnik’s pal District COurt jJudge Robart, operating out of the Tacoma federal court. In Robart’s ruling he took up a case overe which he has NO AUTHORITY, and NO ONE stood up and fired back Read in the Constitution, Art 3 Sec 2 Par 2. it says in plain language that in ALL CASES where either a State or several States are named… Read more »

skull
Member
skull

These Marxist judges believe themselves to be legislators. We need a new Amendment to be installed within the U. S. Constitution that prohibits judges from issuing completely illegal rulings based upon their politics and/or personal feelings on any given issue.

Ryben Flynn
Member
Ryben Flynn

“We have a serious problem in the United States with rouge judges”
Red Judges. Actually he is a “blue Judge”. Left Coast and all, ya know.
Spell check won’t catch that it is supposed to be “rogue” since “rouge” is a word.
Hey, it’s Fun Friday.

Tionico
Member
Tionico

au contraire, mon ami…. I had thought the french word for RED was very appropriate. Red, as in communist.
I am quite certain the two colours for the poitical leanings were reversed some years ago. Red for the radical leftist commies trying to infiltrate and overtake our nation.

JFCrosby
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JFCrosby

Robert S. Lasnik is a fool.

CourageousLion
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CourageousLion

At the most put a noose around their necks.

Oldman
Member
Oldman

@CL I think you have mistated. It should have been at the very least put the noose around their necks,

CourageousLion
Member
CourageousLion

I quote Dark Triad Man here. Take it any way you like… “Second Amendment rights and other sophisticated and nuanced and ultimately irrelevant sophistries that dance around and completely avoid the blunt and brutally honest point of lethal, military grade weapons in the hands of civilians. They are in those hands for one purpose, and one purpose only. That purpose is cold, unmistakable and ruthless. It is to enable free men and women to rise up and butcher tyrants with gunfire. Free men have an inherent and sacred right to overthrow and kill the tyrants that brutalize and oppress them.… Read more »

Tionico
Member
Tionico

nd the denial of the RIGHT to possess and use those arms is precisely HOW we now have the mess in Venezuela, have had the mess in Cuba since 1959, have had it in China since the 1940’s, HAD the mess in the Soviet Untion for half a century, have the mess in Mexico, Brasil, England, France, North Korea And if guys like this Lesnik and his pal Robart, and the likes of Horizontal Harris the Camelnose, Senatrix DieFie, the too wealthy to be same Bloomburg, the king of Virginia Northam, and his near neighbour in Noo Joisey, the Lords… Read more »

Jim
Member
Jim

I AGREE.
and is why our GREAT FOUNDERS ADDED THE 2ND AMENDMENT TO OUR BILLS OF RIGHTS.

Laddyboy
Member
Laddyboy

WAIT A MINUTE!!! This “judge” IS RETARDED – I mean retired. This should mean he CANNOT make a judgement call against anyone!!!! Since when is a RETIRED WORKER able to tell the WORKING WORLD what they CAN or CANNOT DO??? This is ASININE!

Wild Bill
Member
Wild Bill

@Laddy, Semi-retarded … err I mean semi-retired. Surprising that this leftist would use an administrative procedures act argument to curtail, both, the First and Second Amendments in the same breath.