Thursday, October 26, 2017

Corps of Engineers Drag out Settlement Proceedings on Exercise of Second Amendment Rights

It has been seven months since the U.S. Army Corps of Engineers agreed to settle the two Second Amendment cases before the Ninth and Eleventh Circuits, respectively. The Ninth Circuit case, Elizabeth Nesbitt, et al v. U.S. Army Corps of Engineers, et al, was sent to mediation, for settlement on March 3rd.  From the

The 9th Circuit case was ready for oral argument on March 6. But on March 2, the Corps filed a request to remove the oral argument from the calendar and to put the case into mediation. The motion explained: “The Army Corps of Engineers is reconsidering the firearms policy challenged in this case, as well as plaintiffs’ requests for permission to carry firearms on Army Corps property. This reconsideration has the potential to fully resolve plaintiffs’ objections.”
The Eleventh Circuit case, GeorgiaCarry.Org, Inc., et al v. U.S. Army Corps of Engineers, et al, quickly followed on March 7th.

That indicated a Trump administration willingness to reform the Corps of Engineers regulations to allow for the exercise of Second Amendment rights on land managed by the U.S. Army Corps of Engineers.

The way seemed clear for a quick resolution. A U.S. Government defendant in a Constitutional rights case, does not agree to go to mediation on a whim. Not when they have been vigorously fighting the cases for years. I suspect the Corps is finding ways to drag out the mediation process, hoping that the President Trump administration will go away.  Here is what has happened in the Ninth Circuit mediation. The Eleventh Circuit case is still in mediation as well. From

There have been six mediation conferences over the last seven months. Settlements can take time to work out.  I hope the Army Corps of Engineers is acting in good faith.  I have seen too many cases where bureaucrats use process to slow down a policy change they do not agree with.

President Trump has had several successes in reversing the Obama administration's use of executive power to extra-constitutionally implement policy. Reforming the blatant refusal of the Army Corps of Engineers to recognize the Second Amendment should be easier. The Army Corps of Engineers is part of the Army.

President Trump has a lot on his plate. President Trump is also the Commander in Chief. The Army Corps of Engineers Commander, Lieutenant General Todd T. Semonite, is a holdover from the Obama administration. He works directly for President Trump.

Requiring the U.S. Army Corps of Engineers to respect the exercise of Second Amendment rights is something that President Trump can legitimately require. President Trump and General Semonite both took oaths to protect and defend the Constituion of the United States against all enemies, foreign and domestic.

This should be a case of the Trump administration using executive power to protect and defend the Constitution. General Semonite should get on board.

©2017 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch 


Anonymous said...

I can attest to the governments ability to draw out litigation. My claim for service connected disability benefits has been drawn out for 50 years. The hearing officer for 30 years claimed I filed a false claim because he states I could not have served in Vietnam and Germany with only three years active duty. My claim is for a 75% collective service connected disability. First I was drafted legally blind in my left eye due to a birth defect. then My right arm was severally injured, My teeth were destroyed, My hearing was diminished by four hours of heavy artillery fire. I contracted recurring malaria. evidence My elbow was operated on three times, documented. recurring malaria documented at least twice in nine years. the residual effects of recurring malaria cause both shoulders to dislocate frequently and my back is always out of place somewhere. My eye sight was damaged. My last duty station on my DD-214 says Germany for 8.5 months TDY and my first born child was born in the military hospital in Heidelberg. I have had several recurrences of Malaria not treated at the VA. I have a large hiatal hernia from the projectile vomiting with the malaria. But the hearing officer claims he does not believe me or the doctors. the VA owes me 602 consecutive months of unpaid service connected disability benefits. Most of those months are at 100%. the last evaluation was in July this year they finally looked at my DD-214. DC hearing ORDERED THE CLAIM SETTLED IN JUNE OF 2009 AND I WAS SENT ANOTHER LETTER of denial that stated why I was denied for the previous 30 years because I lied about serving in Germany. Not that I was not disabled. I had to retire at age 52 due to the disabilities. I am now 69.

Anonymous said...

Oh A couple more things about the VA. My discharge physical never happened. the discharge processing clerk emptied my 201 files of all documentation and while every one else was getting their discharge physical I was sent to Bayonne New Jersey to pick up my returned car from Germany. I was never given any instructions at the time of discharge for filing claims. The officer and the supply Sargent that offered me 150 dollars for my field jacket for their black market operation before I went to pick up my car. after out processing, the officer only required me to turn in my filed jacket to clear my basic issue return. I was given a 10 % disability in 1974 after my second bout of malaria and I filed for my collective disabilities in 1979. VA drew blood for several years to prove I did not have recurring malaria. the only problem with that is the Malaria is not present in your blood if you are not in an active episode. because I did not have an active episode when the wanted me to I could not have recurring malaria. It usually comes around evry 3 to 5 tears and stress usually brings it on.