The Constitutional Question in the Case of Daniel Penny

AUTHOR

Allen West

DATE

December 11, 2024

Greetings everyone, earlier this week, former U.S. Marine Daniel Penny was found not guilty of negligent homicide in the case brought against him. The more serious charge of second-degree manslaughter had ended up in a deadlock and was dismissed. The trial of Daniel Penny emanated from the death of one Jordan Neely, someone who had a long criminal charge sheet, including an assault charge. There are those who are, as always, making this about race. Obviously, that was not a matter of concern for the diverse group of people who were on the NYC subway that day. The NYPD investigated the crime and made the determination not to charge Daniel Penny. It was the George Soros backed Manhattan DA, Alvin Bragg, who made the decision to bring charges against Penny.

This case is important because it brings forth a very relevant constitutional question. Do Americans have a constitutional right to protect themselves? I refer back to the essay titled “The Law” written by French economist Frederic Bastiat circa 1830. He postulated that the purpose of the law was to protect the life, liberty, and property of citizens. As John Locke has written in his natural rights theory, it was natural that the rights of life, liberty, and property were endowed by the Creator to each individual. Bastiat advanced the idea that it would be chaotic if we were to all seek to enforce our very own law in protecting said rights, so we bestow upon the government our collective permission to protect such.

But what happens when the government abdicates that responsibility and decides, based upon some delusional ideology, whose rights are to be protected?

Consider in Minnesota the ruling of their State Supreme Court that one must seek to extricate themselves (flee) from a threatening situation as their first recourse. If not, any act of self-defense could be prosecuted. That is exactly what one man is facing because he did not seek to flee but rather shot an attacker who was wielding a knife. I was recently in Fresno, California, on behalf of the Young America Foundation (YAF), speaking to conservative students. After the speaking engagement, we went out to dinner where the students shared with me some of the gun laws in the Golden State. I was appalled to learn that homeowners are restricted in how they protect themselves within their own homes against assailants.

The progressive socialist leftists have shown that they believe criminals, those who violate our rights, are more protected than legal, law-abiding citizens. So what do law-abiding citizens do when they are threatened, especially by those with lengthy criminal records who are being released back onto our streets?

Jordan Neely posed a threat to citizens who were taking public transportation and exercising their right to freedom of travel. Jordan Neely violated the guarantee of domestic tranquility that is enumerated in the preamble of the Constitution. There was no government law enforcement officer on the scene, so a citizen, Daniel Penny, took action to protect the lives of those on the subway.

My oldest Grandson, Jaxton, loves to see the local Dallas Area Rapid Transit (DART) train. One day, he asked if we could ride the train. Of course, I asked his parents for consent. Immediately, they articulated their concern about the homeless vagrants who tend to frequent the train, especially as you get close to downtown Dallas. I assured them that I would keep Jaxton safe, which meant I would be carrying my concealed carry weapon. Imagine if someone had threatened us while on said train, and there was no law enforcement officer on board. Am I supposed to believe that I lose my natural constitutional right to protect my Grandson and myself because of some warped and deranged idea of “social justice?” There are consequences and ramifications to violating the rights of others; sadly, Jordan Neely experienced such.

And shame upon his so-called family members who are now coming out looking for a lucrative civil suit payday. If anyone is guilty of criminal negligence, it is Jordan Neely’s family. Neely had mental and drug abuse problems; he was living on the streets; where was his family? There has to be something done about this absurdity of someone being acquitted in criminal court of any charges, yet they can be pursued for monetary damages for something of which they were found not guilty.

The Law has to be color-blind, and we cannot bend a knee to the false gods of cultural Marxism and the race hustlers. Daniel Penny was a former Marine who served his nation and was a man of honor. He did not have any criminal record or any evident flaws in his character. Penny was attacked by a maniacal DA, Alvin Bragg, for one reason: he was a white man. The useful idiots of BLM never care about black lives unless they can be leveraged for the leftist agenda…they did not give a damn about Jordan Neely until he became a vehicle for their insanity.

I am glad that the jury reached the verdict that they did. I am glad that our Constitutional rights of protecting our lives were upheld. I am glad that a message is being sent to criminals; you cannot wantonly threaten citizens. I am glad that Alvin Bragg was defeated because he is not a keeper of The Law, and I look forward to his going the way of George Gascon.

Steadfast and Loyal.

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