From a release:
FOR IMMEDIATE RELEASE
Statement on Candidate’s Planned Flag Burning Event
Contact Info:
– Aaron Aykward, LPSD Chairman, [email protected]
– Richard Shelatz, LPSD Vice-Chairman, [email protected]
The Libertarian Party of South Dakota wishes to clarify that CJ Abernathey’s planned event on July 17 is an independent demonstration, and it is neither sponsored by nor associated with the LPSD. Furthermore, the executive board hereby releases this statement on the matter:
The LPSD has always respected and fought for the individual right of free speech and expression. The founders of our country saw fit to place freedom of speech at the very top of the Bill of Rights, and something which separates us from many other countries is that this freedom extends to those who use their voice to disagree with the government. We support the right of all citizens to free speech, even for those who feel the need to demonstrate by burning the flag.
But now it’s time for the LPSD Executive Board to use our own freedom of speech. As Libertarians, we love and cherish the United States of America, the U.S. Constitution, and the symbols and emblems which represent them. We understand that Mr. Abernathey is attempting to differentiate between “Old Glory” and gold-fringed flags which supposedly represent admiralty law and a suspension of constitutional freedoms. To this end, we respect his right to hold this opinion and bring it to the public’s attention, but we condemn the manner of expressing it.
To burn a flag — gold-fringed or not — dredges up many painful images of those who hate America and seek its destruction. We’re relatively certain that Mr. Abernathey, a former U.S. Marine, does not hate our country. But by throwing an emblem with 50 stars and 13 stripes into a burn barrel, one cannot help but feel a grin of satisfaction from those who do.
In America, your free speech is guaranteed. But you are not free from criticism and disagreement. And on this matter, we disagree.
###
Looks like your Libertarian Candidate for Governor is going back & forth with Heidelberger on CJ’s facebook page. Whole lotta crazy going on there.
I’d guess this stunt doesn’t help Abernathey secure the nomination at the Lib convention in two weeks.
1:00 flag burning to commence
1:30 @ss whooping to commence
We have many great people who live in Eureka and cherish God, Family, America, Friends, Baseball, Kuchen, Apple pie, Bud Lite and our great outdoor activities. Why Mr. Abernathy choose to move here is anyone’s guess but please don’t associate anything he does as being condoned or approved by the good folks who have called this place Home their entire lives.
does CJ have a (redacted) or is he just crazy?
(Sorry, that probably goes just a little over the line for what I’m comfortable with allowing. Thanks for your understanding. – PP)
CJ Abernathey has all the hallmarks of a “sovereign citizen.” Go spend half an hour on his facebook page and you will see what I am talking about.
1) He attempts to claim the US government and US courts are defective because he made a mistake and lost and now claims he could have won if it wasn’t rigged against him.
a) Much like sovereign’s claim that money isnt real and that they cannot be sued because the legal system uses a fictitious “federal corporation” instead of suing them directly. Here, CJ lines up with them because he claims his daughter has been kidnapped “by fraud upon the court.” One, there is no such thing, but two, its also stupid. He got a married woman pregnant in a different state. That woman had the child in that other state. He went to court in that state while represented by an attorney, and lost parental rights (or could not get them established, I guess its not clear from his ramblings). He does not have visitation of a child that he did not legally prove he had a right to claim as his own.
2) He claims that the Gold Fringed flag somehow creates a court that is run under maritime law. This is a cornerstone belief of sovereign citizens. https://en.wikipedia.org/wiki/Tax_protester_conspiracy_arguments
a) One, there is no such thing, but two, its also stupid. (It worked so well in 1a, I figured I would keep the ball rolling!) First, he uses good old executive order 10834. (https://www.archives.gov/federal-register/codification/executive-order/10834.html) This does not say what he thinks it says. The fringe is not integral to the design of the flag, and does not add or subtract from the nature of the US flag. A 1925 Attorney General’s Opinion (34 Op. Atty. Gen 483) states:
“The fringe does not appear to be regarded as an integral part of the flag, and its presence cannot be said to constitute an unauthorized additional to the design prescribed by statute. An external fringe is to be distinguished from letters, words, or emblematic designs printed or superimposed upon the body of the flag itself. Under the law, such additions might be open to objection as unauthorized; but the same is not necessarily true of the fringe.” So again, this is just crazy on CJ’s part.
Finally, and I hope any Libertarian reading this fully comprehends this, but CJ lost a legal civil proceeding in a different state. Now he demands that South Dakota fix his civil problems in a state in which it has no legal jurisdiction. He has claimed that he is running for governor because the AG of South Dakota would not help him in civil proceeding in a different state. He didn’t appeal his loss in that other state, he just wants the government to do his work for him. That doesn’t sound very libertarian to me?
And if he wants to burn a flag, he can be my guest. It will cement his place in history (or complete lack of place in history) as a crack pot who does nothing but whine about how his own decisions and choices messed up his own life, and he wants everyone else to pay for it. Good luck CJ! Sorry for your loss Libertarian party… I hope you avoid endorsing this person if want to remain a credible political party.