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Last Wednesday evening, I received a call from an individual whose purpose it was to make sure I had heard the day’s news that State Senator Colton Moore had been threatened with arrest by Speaker of the Georgia House, John Burns. As he expressed it, Burns’ threat would materialize should the Senator from the 53rd attempt to attend Governor Kemp’s State of the State Address to be held the next morning in House chambers. All of that was news to me and extremely hard to imagine being true.
So, I thanked my friend and set out to understand what was going on, engaging several individuals I expected could verify the facts first hand. It did not take long to certify the information I had received, as ridiculous as it sounded, being true.
The next morning I released my Substack entitled, Speaker Burns Must Stand Down-The Republic is at Stake. I wrote that subtitle because under Article IV, Section 4 of the US Constitution, of which the State of Georgia is a signatory, the United States of America, and the State of Georgia, is obliged to operate under a republican form of government. That means that each American, including each Georgian, must be represented in every level of government by individuals of their local choosing. That tenet must remain true, at all times, and during all legislative activities, or, as I indicated Thursday, the republic is lost.
Last Thursday morning, prior to Governor Kemp’s speech, the American Republic was indeed lost. I say that because, when any one American, much less 270,000 Americans, is denied representation in the government, the republic is no longer functioning. Operating under the Speaker’s standing order, the House doorman, and an assailant in a blue suit, not only physically denied Senator Moore access to the joint session, but as videos from several angles indicate, certainly in my opinion, Senator Moore was assaulted, even thrown to the floor, as he attempted to fulfill an obligation to his 270,000 constituents to attend the governor’s speech. Anyone watching those recorded events should notice, Senator Moore kept his arms to his side at all times. The senator from northwest Georgia staunchly verbalized his right to gain entrance be honored, while attempting to bend himself around, but never through, those who purposely denied him his right, the senator obviously being careful not to use physical force himself to resist against any forces he might be subjected to. That is important because, under Georgia House Rules any grounds for the Speaker to remove Senator Moore, or anyone else from the House chamber or its general area, rest upon that individual first causing a disturbance or displaying disorderly conduct. For a full review of the facts and circumstances I describe, when you are don reading please refer to the following linked video.
Any individual in Senator Moore’s circumstances therefore should be careful that his or her actions not suggest aggression. Obviously, under no circumstance might the simple act of walking where one is entitled to walk be regarded as aggression. The aggressors were those acting to physically deny the senator’s rightful access to the morning’s proceedings. Any disturbance in the House chamber door area therefore cannot be placed at the senator’s feet. Senator Moore had a right, not only under the law, but also under House Rules, to take part in the joint session that morning.
As you see below, according to those House Rules, the power of the Speaker to remove anyone from the area in question is predicated upon that individual displaying disorderly conduct resulting in a disturbance.
The actions of those restricting Senator Moore’s movements toward the House chamber doorway Thursday morning, as reported, were not as a result of any disturbance caused by the senator, but instead were predicated on a standing order issued publicly by Speaker Burns last year that one Georgia Senator, Colton Moore of the 53rd District, not be allowed into the chamber.
Had Burns, or anyone involved in Thursday morning’s events simply read the rules governing the Speaker’s powers, they would have known that the House Speaker has no authority to issue a standing order to restrict any elected senator, including Senator Moore, from accessing the chamber floor. They furthermore would have known that any such standing order could only have been issued AGAINST House rules, noting Rule 7 below, bestowing to any and all members or officers of the Senate a standing right of access to the House floor, during or 30 minutes prior to the House convening.
And in fact, a standing order to restrict access to the floor of the House afforded all Georgia senators, would be no less AGAINST House rules than should that standing order be issued against the Governor of Georgia himself. The rule guaranteeing Georgia Senators blanket access onto the House floor is actually mentioned BEFORE the mention of that same access afforded the Governor. If not properly corrected, a precedent has now been set. Thus, for example, in the future should a particular party in power in the House decide to restrict access to the House chamber by, say, an opposing party’s senators, or even a governor, perhaps due to a disagreement of personal opinion, by the precedent Speaker Burns has now set, and which has not been remedied, that would be just fine.
Given that any House rules ostensibly invoked to restrict Senator Moore’s access to the House chamber do not exist, there would be no authority for those who acted to restrict Senator Moore’s movements, and subsequently arrest and take him to jail, to do so. That being the case, the senator’s Thursday morning arrest could easily be construed an unlawful, false arrest, no crime or misdemeanor having been committed by the senator. It also appears that anyone who took part in an act interpretted to be a false arrest of the senator may find themselves in jeopardy of the same misdemeanor charged against Senator Moore, and perhaps other laws and civil penalties governing false arrest as well. We should all understand the risks Speaker Burns placed upon individuals obeying his command outside the door to the House chamber. Violent acts occurred because of the Speaker’s unlawful and unruly order to the House doorkeeper. In issuing that standing order, as he did last year, Speaker Burns wrongly endangered the lives and well-being of all either taking part, or being victimized in the ensuing mele, and perhaps anyone in the general area. Speaker Burns went rogue issuing that order. Georgia cannot tolerate that kind of activity from its Speaker.
Regardless of any of the foregoing, the next day, Friday of last week, Speaker Burns did stand down, well sort of, while obviously attempting to save face, the Speaker issuing a nonsensical narrative reported as the following by US News and World Report:
So, let’s analyze the passages I highlighted for you, and the absurdities Speaker Burns apparently would like you to believe as he attempts to salvage his position as Speaker, his reputation and defend his actions. First of all, US News reported what you already know, that last year Speaker Burns “banned” Senator Moore from the House chamber. At least he apparently thinks he did. You have seen the video. In doing so, Burns invoked no law, no rule of the House, elicited no motion from the floor and took no vote. Thus, everything we are talking about is on Speaker Burns. What US News failed to report is that in issuing his order, the Speaker USED AUTHORITY HE DOES NOT POSSESS FROM RULES THAT DO NOT EXIST. As I just showed you, House Rules actually PREVENT Speaker Burns from doing what he acted to do in the above video.
Secondly, although he lifted his so-called ban last Friday, in doing so Burns did not admit fault for breaking House Rules by issuing a standing order banning a state senator from the House chamber. But if the Speaker’s ban of Senator Moore were justified on Thursday, that ban would still be justified Friday, today and evermore, would it not? Of course it would.
So, how did Speaker Burns get around having to admit wrong-doing when he lifted his ban of Senator Moore? Believe it or not, Speaker Burns stepped cautiously around his culpability by seemingly bringing late Speaker Ralston back to life. Instead of admitting his own wrong-doing in all of this, apologizing as he should and justifiably reversing course, Speaker Burns deferred to what he alleged to be the wishes of deceased Speaker Ralston, somehow made known to Burns by Ralston after his death. Although the late Speaker Ralston’s wishes, apparently issued posthumously, allowed for hindering the legislature’s work last Thursday morning, suddenly Burns discerned from the late Speaker’s spirit that it was time to in essense, “call off the dogs” on Friday.
And, now, according to Speaker Burns, the Ralston family has now expressed to him their “desire for the chamber to resume business as normal- with all members of the General Assembly present for any future joint sessions.” So, apparently it is the late Speaker’s family members who have assumed the role of deciding how this shit show finally plays out, not the Speaker, who continues to present himself as righteous in all he has done, however saving face as an individual who has graciously and magnanimously acquiesced to the wishes of the late Speaker’s ghost and remaining earthbound family.
The absurdity of Speaker Burns’ calculated narrative, as quoted from US News, designed to present his personal righteousness while allowing him to end a veritable shit show of his own making, insults human intelligence. Obviously, in life Speaker Burns was Speaker Ralston’s friend. That is fine, we all need friends. However, as a result of that friendship, Speaker Burns manufactured certain authority where there was none, to ban Senator Moore, who last year spoke negatively of his friend, from entering the House chamber. This is what politicians do to gain and maintain political power. They make up their own vaunted personas, make up narratives to show you what great people they are, screw up royally because that is who they really are, get found out because it is inevitable, and make up more narratives to explain how their screw up wasn’t their fault. And as usual, this entire escapade is the fault of the politician, Speaker Burns, who tried to cover it all up.
Note that everything I describe above is about certain personal opinions held among elected politicians. Speaker Burns has one opinion of the late Speaker Ralston. There are many who share that opinion, but few who would have done what the Speaker did in light of that opinion. Senator Moore has a different opinion of the late Speaker in contrast with the Speaker’s, and voiced his opinion when few agreeing with that opinion might have voiced it, believing doing so to be bad timing, and not necessary at best. So, both of these politicians are guilty of operating in the extreme. One, however, merely expressed his opinion, while the other acted on his opinion to hurt the other. In so doing, Burns placed those doing his bidding, as well as Senator Moore, at great risk.
The other night I wrote to some friends of mine that, of course, given no permanent harm came to anyone, I was glad, in a way, that everything I describe above occurred. In my own way I was summoning the thoughts of Thomas Paine, who wrote the following:
“THESE are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value.” -Thomas Paine, December 23, 1776
It is important understand a term Paine used above. To our founding fathers, the terms ‘tyranny’ or ‘despotism’ had a specific definition. According to the Declaration of Independence, tyranny, or despotism, is the un-authoritative use of the power of government. Anytime the government, or a member of the government, uses powers he or she does not rightly possess, the result is what our founders called, “tyranny.’ Because Speaker Burns had no authority to issue the order he did, and certainly because the order he issued went against the authority he actually does possess, our founders would say his order against Senator Moore was a classic act of tyranny.
Now, I wrote that note to my friends because it is only by living through a crisis of sorts, as which occurred last Thursday morning and since, when the souls of men are tried, that any of us learn who we really are. Whichever side we choose when the chips are down, that is who we are. Until the chips are down, however, we might proclaim we would do certain things given certain circumstances, but, frankly, we never really know, and neither does anyone else. None of us truly know who we are, and how we would react, until a crisis with meaningful downside is upon us.
And now we know exactly who Speaker Burns and his supporting cast of associates are. Finding that out is the value of the crisis that played out on Thursday and ever since. And what we have found out is that Speaker Burns does not have the honesty and integrity to obey his own House rules, to the extent that he ordered what could only become an inevitable physical attack designed to harm an elected official with whom he merely maintains a personal disagreement. Speaker Burns must therefore resign. He has lost the respect of the citizenry. If he fails to step down, he must be removed. I challenge all members of the Georgia House of Representatives to examine their positions introspectively, and honestly, to determine the side on which they come down on that question, realizing that whichever side they choose defines who they really are.
As all this was developing, a friend reminded me of certain events I remembered from childhood, when the Georgia House, led by its Speaker at the time, acted similarly against an individual who expressed an opinion they merely did not agree with. The year was 1966, when the Georgia House of Representatives, led by its Speaker, denied newly-elected representative Julian Bond access to his rightful seat in the very same House chamber we are talking about today. You see, Representative Bond had voiced an unpopular opinion, at least for the times, expressing opposition to the war in Vietnam. And like the position Senator Colton Moore has taken today, Bond refused to dissociate himself from his stated opinions in exchange to receive access to his lawful place in the House chamber.
Perhaps you see just how dangerous it can be to a republican form of government for politicians in powerful positions to obuse that power, becoming tyrants, by enforcing their opinions on those under them. During that dark episode of Georgia history, when Julian Bond was denied his rightful seat in the Georgia House of Representatives, similar to last Thursday, the republic was lost. For the next two years, Julian Bond’s House district lacked true representation in state government. Eventually, the US Supreme Court had to resolve the matter, and did so in Bond’s favor.
The case before the Supreme Court was one known as Bond v. Floyd. The “Floyd” Julian Bond sued was James “Sloppy” Floyd, the Speaker of the Georgia House at the time. It was “Sloppy” Floyd who voiced his opinion, standing at the same rostrum as Speaker Burns, who with the agreement and applause of 184 against 14 colleagues in the House, similar as you witnessed in the video above, voted to deny Julian Bond his rightful seat among them. Last year, during Senator Moore’s few minutes at the well of the Senate, he offered his opinion opposing the late Speaker Ralston, whom he regarded as corrupt, being “perpetually memorialized” by a joint resolution under consideration by the Georgia Senate. The next time you visit the area of the Georgia Capitol building, I want you to stand at the corner of Martin Luther King, Jr. Drive and Capitol/Piedmont Avenue, and place your back toward the Capitol. I want you to then look diagonally across the intersection. There, ironically, you will see the James “Sloppy” Floyd Twin State Office Buildings, the name of the late Speaker responsible for destroying the American republic for two years “perpetually memorialized” by the Georgia legislature in the state government district of downtown Atlanta.
Perhaps, if you think about it long enough, and seriously enough, you might begin to understand why a Senator Colton Moore, or someone like him, may have advised the Georgia Senate, in his own way, to use restraint when lionizing politicians, especially those who only recently completed their public service, the effects of their works in office not yet full understood. And perhaps, at least I hope, someday down the road, future legislatures might look back on these times, and those elapsing before, and using certain perspective and judgment only time can unlock, reconsider the name “perpetually memorialized,” on those buildings, and appropriately rename those towers the “Julian Bond State Office Buildings.” If that were to occur, I would try my best to obtain a front row seat at the dedication.
Many of you may not know the story behind the remarks of Senator Colton Moore last year, out of which these events deeply stirred certain souls. Below, with his permission, I post a highlight of facts, as written by my good friend, Derek Somerville, BTW a former FBI agent, who provided months of intense, self-funded research, unearthing the facts from which Senator Moore spoke during his few minutes in the well of the Senate last year.
I fail to see how a precedent is set. Burns violated the House rules and the Constitution. Should this happen again it will still be a violation of the House Rules and the Constitution.
I fail to understand why the falsely arrested politician has not filed felony kidnapping charges against everyone involved. Its pretty simple. File charges, boom everyone involved is F u cked and in jail
The precedent at this moment is that they can beat and arrest an official trying to enter the chamber. That causes much fear among the members.
the attorney who manhandled Colton should be fired, arrested, indicted and convicted for aggravated assault. The cops should be brought up on charges of false arrest and allowing the assault upon Sen. Moore. Moore should also sue the state of Georgia for false arrest. He be rich. Another reason I don't support the stasi, I mean the Blue.
Tar and feathers may be appropriate here ........ and jail time until they figure out the proper punishment for Burns.
At the very least, Burns needs to be removed from his position as speaker. Then let him be sued and broken in every way possible. He broke the oath he took to the Constitutions of Georgia and the United States of America. This affront to this nation and its rule of law cannot be allowed to stand. A face plant would be a good finish as he is thrown out the door of the capitol.
Burns should be in jail. Much of GA gov is corrupt.
Georgia's GOP is as corrupt as the Arizonan GOP.
The action taken was criminal.