After reflection, the Court recalled, at the hearing Thomas made the unchallenged assertion that Defendants have over 600 Park Police officers, the proposed TRO would only require Defendants to assign three different officers to Lafayette Park, leaving Defendants free to assign Officers O'Neill, Keness and X to different locations; an arrangement that would not diminish one iota the number of agents available for meeting crucial security demands.
On the other hand, it is undisputed that Marcelino Corniel was shot to death by one of the Defendants, who was acting in concert with, or under supervision of the other Defendants. Additionally, it is impossible to ignore the fact that this action also includes allegations of deprivation of constitutional rights under the pretext of law enforcement. Finally, we cannot pretend that life, death and the Constitution are not serious matters.
4
While district courts have been admonished not to "second-guess the expertise of security experts." (ERA Vigil v. Clark, id at __, [9] it is just as sure that courts exist to balance competing interests, and protect civilization from chaos, violence and abuse of process.
"The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury." Marbury v. Madison, 1 Cranch 138, 163 (1803).
After thinking, this Court realized that it can serve no socially beneficial purpose, and have absolutely no moral value, unless it actively defends life and the Constitution.
In this light Plaintiffs can only be seen as people "raising issues of profound public importance who have properly turned to the courts for the vindication of their constitutional rights," and this Court has a profound responsibility "to subject the alleged interests of the Government to the degree of scrutiny required to ensure that expressive activity protected by the First Amendment remains free of unnecessary limitations." Clark v. Community for Creative Non-Violence, 468 U.S. 299, ___, (1984) Dissent.
[9 The Court is mindful of the Reichstag fire of 1933. Shortly after Adolf Hitler was elected Chancellor of Germany the Reichstag Building, seat of the national German legislative body, was destroyed by a fire of mysterious origins. That fire served as a very important propaganda devise in Hitler's promulgation of the National Security Act, which "legitimized" the horrible acts of the Third Reich. Hitler's propaganda machine blamed the German Communists for starting the Reichstag blaze. Recently, new historical evidence has surfaced which strongly indicates that the Nazis, no great lovers of democracy themselves, were actually the arsonists.]