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Drag Shows Are an Actionable Violation of Children’s Rights. And parents’ rights too

Christopher was the  Editor and owner of Western Free Press and my boss. He’s joined substack so please think about subscribing to his website. Here’s one of his articles.

(As I mention in my About section, there will be times when I lay out well-crafted arguments, rooted in months or years of deliberation and research, and there will be other times when I work things out on the fly. This will be a combination of both.)

Libertarianism is perpetually complicated by the reality of children—by their temporary condition of helplessness and inability to have full communion with their rights, and by the natural realities that grant parents temporary authority over them. Libertarian formulations that can easily be applied to adults become more challenging when applied to children. In spite of this, we do need to craft rights-based arguments for children too. They are sovereign beings, even if they cannot enjoy full expression of every aspect of that sovereignty from their first breath.

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Conservatives intuitively sense that a person dressed in drag, wearing a cartoonish prosthetic penis, taking a child by the hand and parading him or her around the room is—somehow—a violation of rights.

Even drag-queen story-time, with its general air of hyper-sexualization, crosses a clear line. Parents understand that this is about more than telling children a story. Putting drag queens in front of kids is the point of the exercise, not telling them a story that could otherwise be read by anyone.

So how can this be understood to be a violation of either the child’s rights, or the parents’, or both? Ultimately, I think the argument hinges on consent. So let me try my hand…

First, consent is central to the core rights of all humans. In the months ahead, I will be laying out formal proofs for this, but in brief…

You have exclusive and inalienable self-ownership as a natural fact of your existence, and coercive force exercised against the enjoyment of your self-ownership is morally (and ontologically) impermissible. Thus, things done directly to you against your will—things to which you do not consent—are impermissible.

But children cannot competently consent to anything. Normal human beings recognize this, and most of those charged with acting in loco parentis (teachers, daycare minders, etc.) don’t push anything so far that consent becomes an issue. They do normal things: they feed them, stop them from sticking forks in electrical sockets, and so on. The kids cannot exactly consent to those things either, but normal people try to do only those things that a parent would also do—reasonable things that a child needs. But leftist activists, I am sorry to say, are not normal. And at this point, neither are those who are seduced by the easy path to leftist-style “virtue” offered by the activist: “Letting me come to your preschool in drag and read weird stories to the children under you care will make you a better person.”

This then raises a problem: we don’t exactly have a hard-and-fast rule for the consent of children. Just like their parents have temporary authority over their children and can forcibly stop them from electrocuting themselves, or even make them clean their rooms, those acting in loco parentis have some of this authority too.

But surely they have this authority by proxy. Surely the parents are granting this authority, provisionally and temporarily, to teachers and others acting in loco parentis. So how, then, do the parents get this authority? There is not space for all the sub-arguments here, but the facts are pretty simple. It boils down a specific form of responsibility.

If you get drunk and drive through your neighbor’s fence, you have initiated a kind of force against his property. His property is, of course, an extension of his self-ownership, which means it was an act of force against your neighbor. Your act has made you responsible fix the fence. The same is the case, of course, if you drive over your neighbor’s foot rather than his fence.

This is also the case if you are a signatory to a contract. A contract involves the exchange of alienable property (or labor, which is an extension of self-ownership). If the other party abides by the agreement but you do not, you are essentially stealing from him (an act of force). You have taken an action—signing the contract—that makes you responsible to its terms.

If you are a parent, you are responsible for your child’s existence in the world. You have taken an action which produces a person who requires your help in order to exist. You are not responsible if a homeless person starves somewhere; you did not cause that homeless person to be. But you are responsible if your child starves because you are responsible for the existence of your child.

It might not feel, at first blush, as clear-cut as your responsibility for the hole in your neighbor’s fence, but the reasoning, and justification, are the same.

The natural facts of reality—specifically the temporary helplessness of the child—are such that in order to meet this fiduciary responsibility, you must exercise authority over the child. Common sense, Common Law, and the laws of nature all recognize this. Ideally, a parent eases this authority at a pace commensurate with the child’s growing ability to enjoy full communion with his own rights and sovereignty, and then, at a certain age, releases a free human being into the world. It’s not always easy to get the timing perfectly right, but the facts of nature make this the only logical and moral system to use. This authority places exclusive, dispositive decision-making power in the hands of the parents.

This is the essence of a right.

A child’s consent is thus placed, pro tempore, in the hands of the parent. A child cannot consent to being led around by the hand by a drag queen wearing a giant phallus. Period. Doing so violates the child’s rights. But since the decision about consent is temporarily in the hands of the parent, then doing so is a violation of the parent’s rights as well.

To sum up…

  1. Parents’ fiduciary responsibility to their children grants them temporary authority over their children.
  2. This authority includes the right to hold the child’s right of consent in proxy until the age of majority.
  3. Anything to which the child is subjected without the consent of the parent is a violation of the rights of consent of both parent and child.

Again, this is not an issue most of the time, because most of the time, outside forces do not act against the wishes of children or their parents. Normal people will teach children math, read them a nice story, or keep them from getting hit by a bus, and parents are fine with things like that. But we’re not dealing with normal people; we’re dealing with leftists. And now we’re also dealing with people who have substituted the left’s idea of “virtue” for their own—people who have become so addicted to the narcissistic frisson they get from thinking they’re one of the BeautifulPeople™ that they actually think it’s okay to do this to children. And weak-minded, compliant narcissism addicts are just as dangerous as the leftists giving them the drug in the first place.

Drag queen story-time and similar activities are clear violations of the right of consent of both parent and child. They are acts of force against self-ownership, and are thus actionable. If the system does not punish these acts, then the system has failed. If the system allows them to occur—or worse, abets their occurrence and prevents recourse by the parents—then the system itself is committing an act of force against children and parents alike.

This too is actionable.

 

1

Libertarians ought to sense this as well, and many do, but presumably not quite as many. Libertarians are more rights focused, but I suspect they are, in the aggregate, less children focused. (This is based on an assumption that they are less likely to be married and have children than conservatives, though I do need to research that to be sure.)

2

This is one area where the otherwise rock-solid Murray Rothbard goes careening off the rails: In The Ethics of Liberty, he argues that a parent may, through inaction, starve his children.

3

If a person does a poor job of exercising his exclusive, dispositive decision-making power over his own life, that’s on him, but the parent-child situation is complicated by the fact that the child is a separate being from the parent. Nonetheless, ceteris paribus, this authority is natural, necessary, and generally good.

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By Christopher Cook  ·  Launched 2 days ago

Human rights. The madness of the left. A way out of the darkness. The world has gone insane—we already know that. My job is to help figure out WHY.

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Say his name. Service members forced to pay back signing bonuses after being fired over COVID vax.

Say his name. Service members forced to pay back signing bonuses after being fired over COVID vax. So now we see that the military kicked out our men and women for not taking the jab. Making matters worse, they want the signing bonus back cause they didn’t do the promised service time.

U.S. service members who were fired for refusing to comply with the Pentagon’s COVID-19 vaccine mandate are now being forced to pay back their original recruitment bonuses, which they tell Fox News Digital is a “kick in the face” after years of dedicating their lives to protecting the country.

The push by the Pentagon to recoup signing bonuses from fired service members comes after President Biden signed the fiscal year 2023 National Defense Authorization Act, which included a provision, cleared by the House and the Senate, to repeal the administration’s military vaccine mandate. This month, Secretary of Defense Lloyd Austin signed a memo that will update the records and remove letters of reprimand from troops whose exemption requests to the vaccine were denied.

Give those bonuses back. Remember Austin was the one who ordered our troops to flee for their life from the advancing Taliban.

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California is number one in gun laws and number one in active shooters.

California is number one in gun laws and number one in active shooters. Yes my friends high crime and strict gun laws go hand and hand. Just ask the feds if you don’t believe me.

 FBI’s figures which show California was number one in “active shooter incidents” in 2021. Breitbart News pointed out that the FBI figures mean California was number one in gun control and number one in “active shooter incidents” at the same time.

 The city of Los Angeles alone witnessed 382 murders in 2022, according to Crosstown. Moreover, on July 12, 2022, ABC 7 explained that Los Angeles homicides “hit the highest level in over a decade” during the first six months of 2022.

So what does the WP write?

The Washington Post propped up California’s failed gun controls after a Saturday night shooting at a Lunar New Year celebration in Monterey Park resulted in ten deaths.

 

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Back Door Power Grab How funny is this? Links from other news sources.

Lawmakers seek to bar Jan. 6 insurrectionists from holding public office. If you believe January 6th was an attempt to overthrow the government or an insurrection, than I have Pacific Ocean front property to sell you in Frost Bite Falls, Minnesota.

Lawmakers seek to bar Jan. 6 insurrectionists from holding public office. If you believe January 6th was an attempt to overthrow the government or an insurrection, than I have Pacific Ocean front property to sell you in Frost Bite Falls, Minnesota.

Democratic lawmakers in a handful of states are trying to send a message two years after the violent attack on the U.S. Capitol: Those who engage in an attempted overthrow of the government shouldn’t be allowed to run it.

New York, Connecticut and Virginia are among states where proposed legislation would prohibit anyone convicted of participating in an insurrection from holding public office or a position of public trust, such as becoming a police officer.

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But, but how could this happen in California? White man goes on a killing spree. Oh wait he was Asian.

But, but how could this happen in California? White man goes on a killing spree. Oh wait he was Oriental. California, the state where Progressives pass the crazy laws saying it’s gun control. And what happens? People die. I know, some loon will say the gun probably came from out of state. Or will say the shooter didn’t kill and injure those folks, his gun did.

https://twitter.com/i/status/1617210079731929089

And you have this crazy person who blamed the shooting on whites anyway. We have this.

It didn’t take long for one leftist lunatic to blame white dominant culture for the shooting. She vowed to make it him/her mission to take down the white dominant culture following the shooting.

https://twitter.com/i/status/1617221336048230400

Only in California.

 

 

 

 

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Environmental rules stoke anger as California lets precious storm-water wash out to sea

Environmental rules stoke anger as California lets precious stormwater wash out to sea.

Thanks LA Times

Back in 2014 voters approved 3 billion dollars to build more reservoirs. To this day not a penny has been spent. If done, they would have enough reservoirs to hold water for ten years.

Environmental rules designed to protect imperiled fish in the Sacramento-San Joaquin River Delta have ignited anger among a group of bipartisan lawmakers, who say too much of California’s storm-water is being washed out to sea instead of being pumped to reservoirs and aqueducts.

Since the beginning of January, a series of atmospheric rivers has disgorged trillions of gallons of much-needed moisture across drought-stricken California, but only a small fraction of that water has so far made it into storage. In the delta — the heart of the state’s vast water system — nearly 95% of incoming water has flowed into the Pacific Ocean, according to data from the U.S. Bureau of Reclamation.

“With so much excess water in the system, there is no reason that exports south of the Delta cannot be increased,” read another letter that State Sen. Melissa Hurtado (D-Sanger) and Assemblymember Jasmeet Bains (D-Bakersfield) addressed to Newsom.

“We must make the most of the heavy precipitation we are receiving and use it to our advantage,” Rep. Jim Costa (D-Fresno) wrote in a letter to state and federal officials. He called for increased flexibility on the first flush rule.

 

 

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Probe Biden Admin over Plan to Hide Classified Docs Scandal

Probe Biden Admin over Plan to Hide Classified Docs Scandal.

Is it time for another special prosecutor? Thursday the WP ran a article where the DOJ and the WH were not going to go public with the information about the missing top secret papers found at the Penn Center or Biden’s home. All documents Biden had no right to have. Documents that were Top Secret.

According to the Washington Post on Thursday, the White House and Justice Department not only agreed to obscure the scandal from public view, but they also refused to divulge that the second trove of classified documents was already unearthed at Biden’s home in Wilmington when CBS News first contacted the White House about the initial leak of classified documents illegally stored at the Biden Penn Center.

“CBS News was the first news organization to learn of the matter, contacting the White House on Jan. 6 to ask about the Penn Biden Center documents,” the report continued. “White House officials confirmed the scoop, but since the investigation was ongoing, they decided not to offer any additional details — including the critical information that a second batch of documents had been discovered at Biden’s home.”

And a third. Who knows if more will be found?

 

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DeSantis Proposes Sunshine State Bans on Mask and Vax Mandates

Thanks to Hannity.

This week, Florida Governor Ron DeSantis (R) released a policy proposal to ban mask and vaccine mandates in the Sunshine State; no passports, no forced masking in schools, and he wants to prohibit businesses from requiring masks and prevent “employers from hiring or firing based on mRNA jabs.”

This week, Florida Governor Ron DeSantis (R) released a policy proposal to ban mask and vaccine mandates in the Sunshine State; no passports, no forced masking in schools, and he wants to prohibit businesses from requiring masks and prevent “employers from hiring or firing based on mRNA jabs.”

“When the world lost its mind, Florida was a refuge of sanity, serving strongly as freedom’s linchpin,” the governor said in a press release. “These measures will ensure Florida remains this way and will provide landmark protections for free speech for medical practitioners.”

“As a health sciences researcher and physician, I have personally witnessed accomplished scientists receive threats due to their unorthodox positions,” said State Surgeon General Dr. Joseph Ladapo. “However, many of these positions have proven to be correct, as we’ve all seen over the past few years. All medical professionals should be encouraged to engage in scientific discourse without fearing for their livelihoods or their careers.”

From the DeSantis Press Release:

In 2021, Governor DeSantis signed legislation to protect Florida jobs and parents’ rights to make health care decisions for their students, banning private employer vaccine mandates and mask mandates across the state. Governor DeSantis continues to safeguard Floridians’ freedoms and ensure no one is discriminated against based on their COVID-19 vaccine status or is subject to a two-tiered test and mask discrimination policy from employers.

The proposal includes the permanent prohibition of mandates that are continuously proven ineffective, including:

  • Permanently prohibiting COVID-19 vaccine passports in Florida;
  • Permanently prohibiting COVID-19 vaccine and mask requirements in all Florida schools;
  • Permanently prohibiting COVID-19 masking requirements at businesses; and
  • Permanently prohibiting employers from hiring or firing based on mRNA jabs.

Included in Governor DeSantis’ proposal are first amendment rights guarantees for medical professionals, ensuring no one loses their job or medical license for voicing their professional opinions in Florida. The legislation will safeguard medical professionals from discrimination based on their personal religious views.

At an event on Tuesday, DeSantis said that legislators “will pass it this year,” adding, “I’ve already talked to the leadership.”

More over at The Daily Mail:

 

 

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You make the call. Atlanta: Protesters call for ‘violence’ against police after shooting leaves 1 dead, officer injured

We want to thank the folks over at FOX.

Protesters in Atlanta, are calling for violence against police officers and law enforcement entities following a police-involved shooting on Wednesday that left a state trooper wounded and one man dead.

The Twitter account Scenes from the Atlanta Forest calls for a “Night of Rage” on Friday to enact “reciprocal violence to be done to the police and their allies,” according to the Scenes from the Atlanta Forest Twitter account.

“Consider this a call for reciprocal violence to be done to the police and their allies. On Friday, January 20th, wherever you are, you are invited to participate in a night of rage in order to honor the memory of our fallen comrade,” the group wrote on Twitter, in an apparent violation of the platform’s terms and conditions.

The account claims to be a part of Defend the Atlanta Forest, one of the multiple groups protesting in an area where the city is set to construct the new Atlanta Public Safety Training Center.

GEORGIA STATE TROOPER SHOT BY PROTESTER AT ‘COP CITY’ NEAR ATLANTA

State troopers stand with a DeKalb, Georgia, police officers on Constitution and International Park in Atlanta on Wednesday, Jan. 18, 2023.

State troopers stand with a DeKalb, Georgia, police officers on Constitution and International Park in Atlanta on Wednesday, Jan. 18, 2023. (John Spink/Atlanta Journal-Constitution via AP)

The Defenders of the Forest said in a statement to Fox News Digital that it is “a broad, diverse, decentralized movement to defend the Atlanta forest.”  They went on to say they are only a “news aggregator for the movement” and “not affiliated” with Scenes from the Atlanta Forest.

In another tweet, posted several hours later, the group added: “The police will kill you if given the chance. Now is the time for bravery. Take care of each other. Be dangerous together.”

The group appeared to acknowledge the post was against Twitter’s rule not to incite violence as it said in yet another tweet that its account “is not long for this world.”

The upcoming event comes after a Georgia State Patrol trooper, wearing a bulletproof vest, was shot in the abdomen Wednesday morning. It happened as police tried to clear an encampment near the site where the $90 million Atlanta Police Department (APD) facility will be constructed.

Police at the scene where a Georgia state trooper was shot on Wednesday, Jan. 18, 2023.

Police at the scene where a Georgia state trooper was shot on Wednesday, Jan. 18, 2023. (Fox 5 Atlanta)

The sweep was conducted as “an operation to identify people who are trespassing and committing other crimes on the property,” the Georgia Bureau of Investigation (GBI) said.

placeholder

 

“At about 9:00 a.m. today, as law enforcement was moving through the property, officers located a man inside a tent in the woods. Officers gave verbal commands to the man who did not comply and shot a Georgia State Patrol Trooper,” GBI said in a statement. “Other law enforcement officers returned fire, hitting the man.”

“Law enforcement evacuated the Trooper to a safe area. The man died on scene,” it added.

The bureau continued: “The injured Georgia State Patrol Trooper was taken to a local hospital where he underwent surgery. A handgun and shell casings were located at the scene. The GBI is working the officer-involved shooting and the investigation is still active and ongoing.”

The identities of the officer and the deceased have not yet been released. The officer was hospitalized and is in stable condition.

DeKalb, Georgia, and Atlanta SWAT members are pictured leaving the Gresham Park command post in Atlanta on Wednesday, Jan. 18, 2023.

DeKalb, Georgia, and Atlanta SWAT members are pictured leaving the Gresham Park command post in Atlanta on Wednesday, Jan. 18, 2023. (John Spink/Atlanta Journal-Constitution via AP)

"The individual who fired upon law enforcement and shot the trooper was killed in the exchange of gunfire," GBI director Michael Register said.

“The individual who fired upon law enforcement and shot the trooper was killed in the exchange of gunfire,” GBI director Michael Register said. (John Spink/Atlanta Journal-Constitution via AP)

During a press conference, GBI director Michael Register confirmed that the shooting was in self-defense after the now-deceased individual opened fire “without warning” on the trooper.

“An individual, without warning, shot a Georgia State Patrol trooper,” Register told reporters. “Other law enforcement personnel returned fire in self-defense and evacuated the trooper to a safe area. The individual who fired upon law enforcement and shot the trooper was killed in the exchange of gunfire.”

Four others were arrested at the scene and taken to the DeKalb County Jail. Charges are pending.

“They’re endangering the community and the citizens around this area,” Register said of the encampment and the protesters, FOX 5 Atlanta reported.

Georgia Gov. Brian Kemp also commented on the shooting and said he and his family were praying for law enforcement officers.

“Marty, the girls, and I are praying for this brave Trooper and public safety officers across all law enforcement agencies today,” he tweeted Wednesday morning. “As our thoughts remain with him and his family, our resolve also remains steadfast and strong to see criminals brought to justice.”

FBI RELEASES NEW DETAILS ON POLICE USE OF FORCE AS PUBLIC GRAPPLES WITH DISTRUST

The joint task force formed to combat ongoing criminal activity at the APD site includes the GBI, Atlanta Police Department, Georgia Attorney General’s Office, DeKalb County District Attorney’s Office, Georgia State Patrol, FBI, DeKalb County Police Department, Department of Natural Resources, and the Georgia Emergency Management Agency (GEMA).

Georgia state troopers stand along Key Road in Atlanta on Wednesday, Jan. 18, 2023.

Georgia state troopers stand along Key Road in Atlanta on Wednesday, Jan. 18, 2023. (John Spink/Atlanta Journal-Constitution via AP)

Defend the Atlanta Forest held a vigil Wednesday evening at the Little Five Points Square to “memorialize the forest defender” that was “murdered by the police,” it announced on Twitter.

“Today the police shot and killed a forest defender below the canopy of our beloved forest,” the group said. “No one can bring our friend back to us. An innocent life has been taken and the machines continue.”

“We will not go quietly into this dark night,” it added.

ATLANTA POLICE SEEK SUSPECT IN FATAL CHRISTMAS EVE SHOOTING

“Police killed a forest defender today, someone who loved the forest, someone who fought to protect the earth & its inhabitants,” the group continued in a tweet.

And: “This is why we organize to stop Cop City. And we will. In honor of their life, and the lives of everyone killed and imprisoned by the police.”

The group also announced another event on Jan. 21, where members are encouraged to “wear black in mourning” for the dead member.

These events come amid heightened tension between protesters and the police, involving several arrests over several months over the APD construction.

“The Atlanta Police Department seeks to turn 300 acres of forest into a tactical training compound featuring a mock city. This project was announced to the shock of community members who had been given no opportunity to weigh in on the proposal. The entire process has been shadier than the forest itself,” Defend the Atlanta Forest’s website reads.

According to the group, they are explicitly protesting the new “Cop City” as it will “hyper-militarize law enforcement” and “will serve as a national model of police militarization and budgetary bloat.”

The group names the 2020 death of George Floyd and others as its motivation to protest police violence.

A man holds up his hands while marching following the guilty verdict in the trial of Derek Chauvin on April 20, 2021, in Atlanta, Georgia.

A man holds up his hands while marching following the guilty verdict in the trial of Derek Chauvin on April 20, 2021, in Atlanta, Georgia. (Elijah Nouvelage/AFP via Getty Images)

People march following the guilty verdict in the trial of Derek Chauvin on April 20, 2021, in Atlanta.

People march following the guilty verdict in the trial of Derek Chauvin on April 20, 2021, in Atlanta. (Elijah Nouvelage/AFP via Getty Images)

The group also claims it does not advocate for violence and that “no one has been harmed by participants in this movement.”

Last week, anarchists in Atlanta also targeted Brasfield & Gorrie, the general contractor of the police facility, and spray-painted graffiti on its buildings.

“B&G stop cop city,” the graffiti read, according to photos. “We have the numbers,” another spray-painted message read.

Also, last month, police arrested five people at the APD site location. They were also charged with domestic terrorism.

 

On Dec. 14, the GBI wrote: “Yesterday, December 13, 2022, our agents assisted APD and other local, state, and task force members in an operation to remove barricades blocking some of the entrances to the training center.”

“Prior to yesterday’s operation, APD and other agencies had made several arrests over the past few months for the ongoing criminal activity at the site location. Some of the criminal activities include carjacking, various crimes against persons, destruction of property, arson, and attacks against public safety officials. Law enforcement continues to address the criminal acts committed by the individuals that continue to occupy the area of the proposed training site,” it said.

Atlanta's authorities arrested Francis Carroll, age 22, of Maine, Nicholas Olson, age 25, of Nebraska, Serena Hertel, age 25, of California, Leonardo Vioselle, age 20, of Macon, Georgia, and Arieon Robinson, age 22, of Wisconsin, on Dec. 13, 2022.

Atlanta’s authorities arrested Francis Carroll, age 22, of Maine, Nicholas Olson, age 25, of Nebraska, Serena Hertel, age 25, of California, Leonardo Vioselle, age 20, of Macon, Georgia, and Arieon Robinson, age 22, of Wisconsin, on Dec. 13, 2022. (DeKalb County Sheriff’s Office/Georgia Bureau of Investigation)

The arrested individuals included Francis Carroll, age 22, of Maine, Nicholas Olson, age 25, of Nebraska, Serena Hertel, age 25, of California, Leonardo Vioselle, age 20, of Macon, GA, and Arieon Robinson, age 22, of Wisconsin.

“After police cleared the area of concern, which included makeshift treehouses, they found explosive devices, gasoline, and road flares,” the GBI said in its statement on Jan. 14.

 

DeKalb County District Attorney Sherry Boston said those who were arrested had attacked firefighters and police officers with rocks and weapons as the officers removed barricades blocking some entrances to the site, according to FOX 5 Atlanta.

The investigation into the activities at the APD site is active and ongoing. Anyone with information is encouraged to contact local law enforcement or the GBI at 1-800-597-TIPS.

Fox News’ Paul Best contributed to this report.

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DOJ tells FBI to stand down. Justice Department Considered but Rejected Role in Biden Documents Search

President Joe Biden’s Justice Department reportedly permitted the president’s personal attorneys to search for classified documents in separate locations without security clearances or the FBI present. I wonder if they realize that the DOJ folks who made this decision will be called to testify, and Biden will have to hire outside lawyers if this goes to a trial. Maybe a sitting President can’t be charged, but Biden’s lawyers can be charged. Tampering with Evidence.

We want to thank the WSJ and Breitbart for this.

WASHINGTON—The Justice Department considered having FBI agents monitor a search by President Biden’s lawyers for classified documents at his homes but decided against it, both to avoid complicating later stages of the investigation and because Mr. Biden’s attorneys had quickly turned over a first batch and were cooperating, according to people familiar with the matter.

After Mr. Biden’s lawyers discovered documents marked as classified dating from his term as vice president at an office he used at a Washington-based think tank on Nov. 2, the Justice Department opened an inquiry into why and how they got there. Mr. Biden’s legal team prepared to search his other properties for any similar documents, and discussed with the Justice Department the prospect of having FBI agents present while Mr. Biden’s lawyers conducted the additional searches.

Instead, the two sides agreed that Mr. Biden’s personal attorneys would inspect the homes, notify the Justice Department as soon as they identified any other potentially classified records, and arrange for law-enforcement authorities to take them.

Those deliberations, which haven’t previously been reported, shed new light on how the Biden team’s efforts to cooperate with investigators have thus far helped it avoid more aggressive actions by law enforcement.

In the week since news reports first surfaced about the documents, the incident has drawn parallels to the discovery of a much larger number of documents at former President Donald Trump’s Mar-a-Lago home in Florida, which federal agents obtained a warrant to search in August after more than a year of negotiations between Mr. Trump’s lawyers, the National Archives and the Justice Department and after Mr. Trump’s lawyers said all documents had been returned.

Mr. Trump’s supporters have accused the Justice Department of a double standard in treatment; Mr. Biden’s supporters have pointed to the president’s legal team’s cooperation and swift moves to inform the Justice Department of the documents’ discovery as a key difference. Mr. Biden has said he doesn’t know what the documents are or how they wound up at his office at the Penn Biden Center or his Delaware home. Secretary of State Antony Blinken, who was director of the Washington think tank from 2017 to 2019, told reporters on Tuesday that he was unaware that government documents had been stored there.

Biden ‘Cooperating Fully’ With DOJ as Garland Appoints Special Counsel

Biden ‘Cooperating Fully’ With DOJ as Garland Appoints Special CounselPlay video: Biden ‘Cooperating Fully’ With DOJ as Garland Appoints Special Counsel
President Biden said Thursday a “small number” of classified documents from his time as vice president were found at his home and in his personal library. Attorney General Merrick Garland outlined the decision to appoint a special counsel to investigate. Photo: Kevin Dietsch/Getty Images

The discussions and the Justice Department’s willingness to let the Biden lawyers do the searches unsupervised also suggest federal investigators are girding for a monthslong inquiry that could stretch well into Mr. Biden’s third year in office.

One reason not to involve the FBI at an early stage: That way the Justice Department would preserve the ability to take a tougher line, including executing a future search warrant, if negotiations ever turned hostile, current and former law-enforcement officials said.

Representatives of the FBI and Justice Department declined to comment. In a call to reporters about the investigation, White House spokesman Ian Sams said the president and his team were cooperating fully with the special counsel review “so that it can proceed swiftly and thoroughly.”

The White House revealed on two separate days last week that documents had been located at the president’s Delaware residence, as well as those found at a garage there in December. Part of the reason the new documents were revealed separately is that Mr. Biden’s personal attorneys don’t have security clearances to handle classified documents and had to set aside any material that could qualify as such. Richard Sauber, special counsel to Mr. Biden, who has that clearance, accompanied Justice Department personnel to retrieve documents, when they discovered additional pages with classification markings.

Attorney General Merrick Garland last week assigned a former top prosecutor in the Trump administration, Robert Hur, to serve as special counsel investigating the discovery of the documents in the locales associated with Mr. Biden. Justice Department officials were concerned that an FBI presence as the Biden team hunted for documents could complicate investigators’ ability to execute search warrants or subpoena documents as the investigation proceeds, some of the people said, in a sign that investigators are considering the possibility of a grand jury investigation into the matter.

Mr. Hur is expected to begin his job as special counsel by the end of the month, after he winds down his work as a defense lawyer at the law firm Gibson Dunn, people familiar with his appointment said.

Robert Hur has been appointed special counsel in the Biden documents investigation.PHOTO: MICHAEL MCCOY/REUTERS

Soon after the initial discovery in November, Mr. Garland tasked the Trump-appointed U.S. attorney in Chicago, John Lausch, with reviewing the documents, with an eye toward determining whether a special counsel should be appointed.

Mr. Lausch told Mr. Garland on Jan. 5 that he thought a special counsel was warranted given the many unanswered questions about the documents, and Mr. Garland quickly agreed, the people said.

Mr. Hur is expected to grapple with legally and politically thorny considerations that could be reminiscent of those from the last special counsel related to a sitting president, potentially including whether to pursue in-person testimony from Mr. Biden. During the 2017-19 special counsel inquiry led by Robert Mueller into Russia’s interference in the 2016 campaign and any links between that effort and the Trump campaign, investigators tried for more than a year to interview then-President Trump before ultimately settling for written testimony.

Mr. Sams declined to say whether Mr. Biden would sit for an interview with the special counsel if asked.

Legal experts said an open-book strategy could help shorten Mr. Hur’s inquiry and keep it from dragging out over Mr. Biden’s presidency.

“My goal would be to get everybody interviewed by Robert Hur as quickly as possible—not throw up roadblocks, not assert privileges, and get this thing over with,” said Neil Eggleston, who served as White House counsel in the Obama administration.

The Justice Department investigation into the Biden documents comes as another special counsel is already deep into a parallel inquiry into the classified documents at Mr. Trump’s Florida home.

Former President Donald Trump’s Mar-a-Lago home in Florida was searched by FBI agents last year.PHOTO: MARCO BELLO/REUTERS

The FBI in August executed a search warrant at the property, believing more such documents remained there based on witness interviews and security-camera footage. They removed dozens of boxes containing additional documents, many of which were mixed in with clothing and news clippings. Prosecutors later disclosed they were investigating whether anyone sought to obstruct their inquiry, in addition to whether anyone should be prosecuted for mishandling the documents. Mr. Trump has called the Justice Department’s moves a witch hunt and said he did nothing wrong.

The Justice Department has sought to keep the two inquiries separate by assigning them to different teams, according to people familiar with the matter. The Biden White House has highlighted differences between the two inquiries, stressing in particular how their cooperative stance compares to the Trump team’s resistance to turn over records to the National Archives after repeated requests. Mr. Trump’s legal team later clashed with the Justice Department over the appointment of an outside arbiter, known as a special master, to review documents seized from Mar-a-Lago.

Yet the Biden team’s bumpy rollout of its discoveries—it only confirmed the document discoveries after news reports and has offered few new details—complicates its attempt to draw a hard distinction between Mr. Biden’s actions and those of Mr. Trump, said John Fishwick, who served as the U.S. attorney for the Western District of Virginia during the Obama administration.

“He is the sitting president, there’s no reason for him to hold back anything about this,” Mr. Fishwick said. “It makes it harder to say it’s apples and oranges, and it undercuts the argument that you were different.”

Sabrina Siddiqui contributed to this article.

Write to Aruna Viswanatha at aruna.viswanatha@wsj.com, Sadie Gurman at sadie.gurman@wsj.com and C. Ryan Barber at ryan.barber@wsj.com