A Tribute to Judge John M. Roll... killed in Tucson

  1. SparklingJewel profile image74
    SparklingJewelposted 8 years ago

    We hardly heard a word spoken, or saw anything written, about John Roll's execution.
    Following is a great patriot's tribute to another great patriot and friend of liberty.

    Judge John M. Roll: A True American Hero

    By: Richard Mack
    Member of Oath Keepers Board of Directors
    Liberty News Radio

    On January 8, 2011, Federal District Judge John Roll was gunned down by a
    maniacal coward lunatic. Since this unspeakable and unimaginable tragedy
    much has been said about who caused this tragedy or who may have prompted
    its occurrence. Some of this rhetoric bordered on the absurd. I would much
    rather talk about the good people who had their lives snuffed out before
    their time and to pay tribute to who they were and what they stood for.
    Certainly, a beautiful little nine year old angel, named Christina Green,
    deserves to have her life displayed as an example to others to learn from
    and enjoy. So, I will do that regarding a man who changed my life and
    helped alter American history; Judge John M. Roll. He was an honest man
    and a principled judge. He stood for what he believed was right despite
    the possible consequences. I met Judge Roll back in 1994, in fact, it was
    in his courtroom. He was the judge who first heard my lawsuit against the
    Administration. Judge Roll had the courage to take a strong stand against
    the very entity that controlled his salary and career. He actually had
    the audacity to tell Congress and President Clinton that they exceeded
    their authority when they made the Brady bill a law.

    I was extremely nervous when I walked into Judge Roll's courtroom. There
    was a big crowd of supporters and numerous reporters and cameras outside
    the courthouse. Although I had been to court many times before, this was
    the first time it was in front of such a crowd of onlookers and the Press
    and in Federal court. I remember looking at Judge Roll and relaxing
    somewhat; he was nice looking and rather young, about my age. He had
    already defended me with at least two pretrial motions that he ruled on,
    both in my favor. The first one was the Federal Government's attempt to
    remove me from the case entirely by claiming I had no standing to sue them
    in the first place. They argued that only the county's Board of
    Supervisors could represent the county in such legal actions. Judge Roll
    said this was wrong because it was the sheriff being commandeered by the
    Federal Government, both officially and personally. Next, my lawyer asked
    for an injunction against the
    government from being able to arrest me for "failure to comply." (There
    was an actual provision in the Brady bill that threatened to arrest the
    sheriffs if we failed to comply with this unfunded mandate from
    Congress.) Judge Roll seemed legitimately concerned about this threat
    throughout the entire lawsuit. Janet Reno herself wrote a memo to the
    Judge and assured him that the Feds had no intention of arresting me and
    that the threat of arrest within the language of the Brady bill, was only
    intended for the gun shop owners, not the sheriffs. Judge Roll, as he
    announced his decision regarding the injunction said that Janet Reno was
    not allowed to change the law "by fiat" nor interpret the law for
    Congress. "Mack's injunction is hereby granted," the Judge said calmly
    and sternly.

    Then as the hearing proceeded I was called to the stand. The butterflies
    returned big time. As the Justice Department's lawyer cross examined me,
    she did something unusual; she actually began to address the Judge while I
    am still sitting on the stand. She said, "why your honor, already in just
    the first four months of the implementation of the Brady background
    checks, we have denied over 250,000 felons from gaining access to handguns
    in this country." I was thinking to myself what a crock her numbers were
    and wondering why we had so many felons on the streets all trying to buy
    handguns in government checked gun shops. Suddenly, Judge Roll interrupted
    the attorney and rebuked her with, "Counselor, do not pretend in this
    courtroom that your statistical analysis somehow equates to
    constitutionality." I have to say that Roll's understanding of principles
    amazed me. He was so professional and knowledgeable. He took his job and
    the Constitution so seriously.
    He was truly an exemplary Justice.

    When Judge Roll issued his ruling on the Mack v. US case on June 28, 1994,
    he said two things that absolutely floored me. The first one was the order
    of the court which summarized his findings:

    "The Court finds that in enacting (the Brady bill) Congress exceeded its
    authority under Article 1, section 8 of the United States Constitution,
    thereby impermissibly encroaching upon the powers retained by the states
    pursuant to the Tenth Amendment. The Court further finds that the
    provision, in conjunction with the criminal sanctions its violation would
    engender, is unconstitutionally vague under the Fifth Amendment of the
    United States Constitution."

    Judge Roll, of all the dozens of Judges who had heard this case from me
    and the other six sheriff defendants, was the only one who ruled that the
    Brady bill violated the Fifth Amendment as well as the Tenth. It was
    pursuant to Judge Roll's insight and sensitivity to the threat this "law"
    posed to us, the sheriffs, that this case made it all the way to the U.S.
    Supreme Court.

    When I read the other Judge Roll principle, it truly brought me to
    understand how astonishing this man really was. He said:

    "Mack is thus forced to choose between keeping his oath or obeying the
    act, subjecting himself to possible sanctions."

    To have a federal Judge actually grasp the full extent of my personal
    motivation for filing this case was absolutely remarkable. He touched my
    soul with this comment and it is recorded in my books and memory forever.
    He was truly before his time. Now, his work is a part of American history.
    His legacy should be one of honesty, courage, and living up to his oath as
    a true defender of our nation's rule of law. He changed my life and showed
    us all that the Constitution is still the supreme law of the land.

    Please visit The Oath Keepers website to comment on this article.


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