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Home > Alerts & Updates > Update for 1/23/2013

Update for 1/23/2013

Adolf Eichman, one of history's failed employers of "The Winder Defense"

SL County Sheriff Jim Winder Employs "The Winder Defense"

Yesterday, sheriff Jim Winder clarified the reasons why he did not sign the recent Utah Sheriff's Association letter to president Obama. After explaining that he is not a member of the association, Winder included the following argument:

"The constitutionality of all laws is determined by independent evaluation and scrutiny by the judicial branch of government. Once that has been done and a law has been determined to be constitutional, every law enforcement officer has the duty to enforce it. The determination of whether or not a law is constitutional is not left up to any one person or group or collective group. If it were we would cease being a nation of freedoms."
Note: Read his full letter below or read it on his Facebook page.

Winder's rationale that, ultimately, the determinations of courts or governments supercede the will and rights of the individual, is not without precedent.

During the Nuremberg trials of the 1940s, former German party officials, including Wilhelm Keitel and Alfred Jodl, unsuccessfully employed the argument that they were "just following orders" when they committed human rights abuses.  Often termed "The Nuremberg Defense," this argument was later unsuccessfully repeated during Adolf Eichmann's trial in 1961.

"Following orders" is never justifiable to those who have been victimized by mobs and governments throughout history.  The individual is ultimately responsible for his/her actions; regardless of the opinions of any majority, court, or government.

Throughout the world, selective disobedience has been essential in the fight against slavery, unjust discrimination, and other forms of oppression.  Winder's "nation of freedoms" ceases to exist as he fails to protect natural rights from all threats.

Salt Lake County Sheriff Jim Winder's letter, dated 1/22/13:
Recently the Utah Sheriff's Association prepared a preemptive message to President Obama stating their position on the current debate and presidential proposals concerning gun laws in the United States. The Salt Lake County Sheriff's Office is not currently a member of the Utah Sheriff's Association and therefore, was not a signatory of the letter. This has raised a lot of questions from the citizens of Salt Lake County as to why I did not sign the letter and asking what my position is in regards to the issue. This is a statement of the Sheriff's Office and the Unified Police Departments (UPD) position on this very complex and important issue:

While not a member of the Utah Sheriff's Association, Sheriff Winder supports the majority of the intent of the letter. However, after a review of the proposals suggested by the Obama Administration, we agree with the association president that currently there is nothing proposed that we object to and we can find no reason to believe that there would ever be a situation where federal officers would be permitted to descend upon our constituents and take from them their rights. We are confident in the process that Congress and the courts will continue to protect our rights as established.

Sheriff Winder, the members of the Sheriff's Office and UPD fully support, obey and defend the constitution of the United States and the constitution of the State of Utah. We are a country of laws and order, guided by long established government processes that are meant to ensure and protect our freedoms, including the right to bear arms. We have taken an oath to obey those laws and will do so. The constitutionality of all laws is determined by independent evaluation and scrutiny by the judicial branch of government. Once that has been done and a law has been determined to be constitutional, every law enforcement officer has the duty to enforce it. The determination of whether or not a law is constitutional is not left up to any one person or group or collective group. If it were we would cease being a nation of freedoms.

Sheriff James M. Winder, the Salt Lake County Sheriff's Office and Unified Police Department fully supports the Second Amendment as established by the Constitution as well as every other Amendment provided by it and will defend those rights of the citizens of Salt Lake County.

Special Note:

We also posted this article on our Facebook page at
https://www.facebook.com/UtGunRights

And also on Winder's Facebook page at
https://www.facebook.com/SheriffJWinder

Feel free to comment there.

 

Special Update for 3/13/2013:
Governor Gary Herbert Employs "The Winder Defense"

After the Utah Sheriffs Association published their letter, governor Gary Herbert joined his comrade in disarmament, Salt Lake County sheriff Jim Winder, by expressing the following:

"The governor also said he believes a letter from the Utah Sheriffs Association to the president, stating that its 28 sheriff members — all but Salt Lake County would not enforce gun laws they believed violate the constitutional right to bear arms, was also an overreaction.

"'I think it was probably an emotional, knee-jerk reaction to the idea that Washington is somehow going to tell us what we're going to do,' Herbert said. 'If we don't like the laws that are passed, if we don't like the executive orders, we have a process in place. Go to court. We don't have to have confrontations at the border. Go to court and we'll find out whether it's the law of the land or not, but Utah will adhere to the law of the land.'" [bold added]
Source: "Herbert says Utah will follow federal gun laws," by Robert Gehrke, Salt Lake Tribune, Jan. 24, 2013.

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