Is Sheriff D'Agostini Interposing or Following the Law?

I say he is just following the law; at least when it comes to his relationship with the Forest Service.
Institute on the Constitution and League of the South board member Michael Peroutka’s commentary today claims El Dorado County Sheriff John D’Agostini is following the principle of interposition by suspending the powers of the United States Forest Service in his county. Peroutka wrote:

Fed up with the repeated harassment his constituents were experiencing in the national forest within his county, Sheriff D’Agostini informed the feds patrolling the forest that their powers there were suspended.

Peroutka holds the view that local officials may take jurisdiction over federal agents when those federal agents seek to enforce a law the local authorities deem unconstitutional. At least that is what he told the League of the South.
According to this report, D’Agostini has removed enforced power from USFS personnel because they were not conducting themselves in line with his expectations.

 
It may sound like he is overruling the feds, but he is not because, as the professor on the clip said, he actually has authority under California law to do so. CA code 830.8(a) provides authority for federal agents in CA under certain circumstances. However, certain federal personnel are exempt and only have authority if given by the local sheriff. Note those who require local consent:

This subdivision does not apply to federal officers of the Bureau of Land Management or the United States Forest Service. These officers have no authority to enforce California statutes without the written consent of the sheriff or the chief of police in whose jurisdiction they are assigned.

According to CA law, the local sheriff can deputize USFS personnel but can also revoke that authority. On this talk show, D’Agostini clarifies that he is acting consistently with CA state law. He also notes on the talk show (at 16:53) that the USFS has federal authority to enforce forest service travel rules. While D’Agostini may or may not like those rules, he is clear that the forest service will continue to enforce them.
Thus, speaking of the suspension of federal powers is not accurate. Prior to D’Agostini’s actions, the USFS only had powers granted by the sheriff pursuant to state law. Any actual federal powers remain as before.

League of the South Gives Award Commemorating KKK Grand Wizard to Members for Street Fighting

At their conference in June, the League of the South gave the Nathan Bedford Forrest Award to Mathew Heimbach and Shane Long for their confrontation of May Day marchers in Washington, DC on May 1, 2013.  Nathan Bedford Forrest was the first Imperial Grand Wizard of the Ku Klux Klan and is an inspiring historical figure for the League.
Watch the first three minutes of the following video where League of the South president Michael Hill gives the Forest awards to Heimbach and Long for the confrontation on May Day.  Watch:

Before giving the awards, Hill said:

Earlier, during the awards ceremony, there were two young gentlemen who were set to get an award who were not here and I wanted to wait until they got here and give them the awards. As you’re going to learn from my next speaker, Shane Long, a group of our League folks, six young men and two young ladies, if I’m not mistaken, this past May the first, staged a little counter, uh, attack. I wouldn’t call it a protest. They really didn’t attack anybody, they were just holding our flags and carrying our message. And they faced off against, how many, 400? Four hundred communists, in the streets of Washington, D.C., and they held their ground, like good Southerners ought, and they turned that march of 400 communists on May Day around. Now that’s the kind of bravery and courage, and fortitude, and duty that I like to reward. So I’ve got two awards here and they read, the Forrest, as in Nathan Bedford, First with the Most Award, for active and aggressive, I like those terms, promotion of the cause of Southern independence.

On May 1, the International Workers of the World sponsored a May Day march in Washington D.C. The march was marked by sporadic violence and was winding down to a raucous end in front of the White House when the marchers were confronted by eight members of the League of the South.
Watch this Russia Today video of the confrontation (caution – profanity):

There are no good guys here, so my point is not to assign blame or credit. However, I think it is worth pointing out what the League of the South rewards. For those unclear, the marchers are the socialists and the those standing with the Confederate battle flag are the League members. Someone appears to be injured at the end of this video, but is not identified. It may have been Shane Long who is identified in this account as being in police custody, being uninjured but separated from the brawl.
Heimbach gained fame by founding a “white student union” at Towson State University.  Started in 2012 (with white nationalist Jared Taylor as first guest speaker), the organization made news through 2013 as in this CNN report:

Not only does the League identify with those who engaged in street fighting (“our folks”) but rewards them. And they do so with an award which commemorates the first KKK Grand Wizard.
Next year, awards might really be flying since they plan to go back the May Day protest, 2014.
Perhaps actions like these are why some people have reconsidered associations with the League of the South.
Related Links:
The Radicalization of the League of the South
League of the South President Says Immigration Reform Could Spark True Civil War
Institute on the Constitution Supports Controversial PA Police Chief’s Actions to Nullify Gun Control Legislation
Does the Church Have a League of the South Problem?
Michael Peroutka Pledges Resources of Institute on the Constitution to League of the South
League of the South: GOP No Longer Stands for White Southerners
Institute on the Constitution Founder Michael Peroutka on Southern Secession and His Course on the Constitution

Lt. General Jerry Boykin Backs Out of Conference Sponsored by Institute on the Constitution (UPDATED – IOTC Appears to be Out)

UPDATE (8/9/13) – Alex Seitz-Wald also wrote about this situation and added some detail, including the fact that Glenn Beck had been promoting this conference.
See additional update following the post…
Yesterday, in my post on the radicalization of the League of the South, I linked to a conference sponsored by the Institute on the Constitution. I noted that

…several  mainstream evangelicals are speaking in September at a conference sponsored by IOTC and held at a major mega church in Texas.

If you click the links you will go to something called the Founding Faith Conference 2013 (now unavailable without a password). Until earlier today, Lt. General Jerry Boykin was slated to be a key speaker at the conference. However, I learned earlier this afternoon via a source at the Family Research Council (where Boykin is an executive vice-president) that Lt. General Boykin recently became aware of ties between the Institute on the Constitution and the League of the South and, as a result, has backed out of the conference.
For sure those ties are real. Founding Faith Conference speaker David Whitney is the chaplain of the Maryland chapter of the League of the South. At the 2013 conference of the League of the South, IOTC founder and director Michael Peroutka’s was selected to join the League’s board of directors. Then, at the end of his speech, Peroutka, pledged the resources of the IOTC to the efforts of the League.  Watch:

 
UPDATE (8/8/13) – IOTC is now missing from the sponsor page on the conference website (screen cap earlier today) and David Whitney is no longer listed as a speaker (screen cap earlier today). At this time, I don’t know what that means for the other speakers, except to note that they are still listed.
At the end of the Salon piece, Margaret Andrews supplied a statement about her response to Boykin’s departure. I can add that I contacted her on 8/6 before I wrote anything about the conference. She did not make any obvious changes until the afternoon of 8/8, after Boykin disclosed his intention to exit.
 

The Radicalization of the League of the South

There is a kind of feud breaking out between white nationalists and what white nationalists call “rainbow Confederates” over the movement of the League of the South into the white nationalist camp.
In a Monday column on her blog, Connie Chastain, who describes herself as a “Southern nationalist,” lamented the “radicalization” of the League of the South. In the post, she complains:

In early summer of 2012, the League’s radical new direction was brought home to me personally when I was removed without notice from the League’s Facebook group following my initiating a discussion that, apparently, was not politically correct. Since then, I have watched from a distance as the League has continued to radicalize, to accept the influence of white nationalists masquerading as Southern nationalists and to slowly develop an indifference to Southern tradition and Christianity.

and…

Basically, what you have here [in the League] is people who claim to love the South and its people and want to see them free — or preserved, depending on who’s talkin’. But what they really love is whiteness, which includes a built-in aversion to non-whiteness …  and any Southerners who don’t share their dedication to whiteness are heaped with scorn and derision.

According to Chastain, she has been a defender of the League and sympathizes with their secessionist aims.  She does not, however, support the changes she sees.
Chastain’s lament does not sit well with white nationalist Hunter Wallace at Occidental Dissent. He agrees with Chastain but sees the League’s movement into white nationalism as a good thing. Wallace proclaims:

It’s true that we are dedicated to “whiteness.”
We are pro-Southern, pro-Christian, pro-White, and pro-independence. Your suggestion that blacks are our people would have been considered outrageous to previous generations. We are a proud European people.

Wallace calls Chastain a “Rainbow Confederate” which he defines as:

A “Rainbow Confederate” is someone who 1.) claims to venerate and wants to preserve Southern heritage, usually in the form of flags, symbols, and monuments 2.) while simultaneously rejecting and abhoring the racial beliefs of previous generations, particularly with regards to slavery and segregation, which are deemed illegitimate, and 3.) who subscribes to a utopian fantasy of an integrated, multiracial South, in spite of the disastrous results of that Yankee experiment, and 4.) who usually, but not necessarily, projects post-1980 racial attitudes back on the historical Confederacy.

In contrast to “Rainbow Confederates,” Hunter believes:

Experience has shown time and again that segregation and white supremacy are necessary to preserve White majorities in a multiracial environment. The people who denounced segregation and white supremacy as illegitimate undermined the cultural foundation that preserved the White majority.

According to League member Wallace, the segregationists are the ones now joining the League:

By “radicalizing,” Connie means that lots of young people are joining the League of the South who have little patience for the Rainbow Confederate nonsense of the Baby Boomer generation.

Those who continue to harbor the notion that today’s League of the South is just about cultural heritage should read these two articles by these neo-Confederate insiders.
While I don’t have data on this, I suspect most evangelicals reject white supremacy and segregation and would not want to be associated with these ideas. My suspicion is the basis for my puzzlement over the emergence of the Institute on the Constitution among evangelicals. As I have noted previously, the IOTC’s founder, director and teacher Michael Peroutka is a board member of the League and has pledged IOTC’s resources to the aims of the League. Senior teacher David Whitney is chaplain of the MD chapter of the League.
In addition to the course offered in many evangelical churches, the IOTC course is featured on the National Religious Broadcasters network, Liberty University’s television network, Bradlee Dean’s the Sons of Liberty offers the course, and several  mainstream evangelicals are speaking in September at a conference sponsored by IOTC and held at a major mega church in Texas.
It remains to be seen whether or not the IOTC will continue to emerge as a respected organization among evangelicals. Given the radicalization of the League that critics and supporters now acknowledge and the relationship of the League to IOTC, it seems to me that it is troubling for churches and evangelical groups to trust IOTC to teach them about the Constitution.
 
 

Rand Paul Wants to Talk About Rand Paul Except the Part About Rand Paul's Choice of Staff

In an interview with John Harwood on NPR, Rand Paul reacted with frustration to continued questions about his choice of Jack Hunter to be his director of new media. Hunter resigned in July amid criticism of his former membership in the neo-Confederate group, the League of the South, and his radio persona, the Southern Avenger.
When Harwood asked Paul about Hunter, Paul cut him off and among other things said:

Why don’t we talk about Rand Paul, I’m the one doing the interview. You can go ahead and beat up on an ex-employee of mine, but why don’t we talk about Rand Paul and what I’m trying to do to grow the party, and then we might have an intelligent discussion.

To me, this seems like a typical political dodge. The interviewer wanted to talk about the Rand Paul who hired the Southern Avenger with ties to the neo-Confederate movement. Is hiring a League of the South member part of those efforts to “grow the party?” If so, what kind of growth are you seeking?
The interviewer made an effort to stay with the topic but was eventually shouted down by Paul. In listening to the interview, my impression is that Paul is going to have a hard on the presidential campaign trail if he can’t handle questions about his decision making regarding important staff.
Paul said Jack Hunter wrote a lot of stupid stuff but none of it was racist as if the absence of racism is the only measure of a good staff selection. It doesn’t commend Paul’s management style to say he hired a guy with a resume full of stupid stuff.
I suppose racism is in the eye of the beholder, but I think many would wonder about the racial attitudes of a guy who wore a Confederate flag as a mask. Whether one could call Hunter’s views on white persecution racist or paranoid is a matter for discussion. My point here is not to call Hunter or Paul a racist, but it is to say that Paul’s lack of discernment is a major concern and one that is only heightened by his defensive response to questions about his judgment.