Let’s Call It Overkill

| September 1, 2020

A new law at the federal level makes it illegal to even pick up a feather shed by a bird. Never mind hunting season, which is legal, you can be busted, per this law and its interpretation by one Judge Caproni, for hunting turkey, pheasant and quail even if you’re on your own property.

This broad – er, judge – judge is certainly worth the scathing remarks she’s getting. And unless I misunderstand the law itself, the bill is a law that is unconstitutional in its attempt to criminalize someone for merely touching a bird feather. That part about ‘cruel and unusual punishment’ applies here. She makes it clear that she is a control freak personified. Her “opinion” piece includes Atticus Finch. Yes, that Atticus Finch.

In addition, her bill makes it clear that she has no understanding of birds, period. She may have a thick thesaurus on her desk, but I doubt that she knows anything at all about them.

The article showed up at WattsUpWithThat. The link is below. Excerpts are from the WUWT article.


This link is to a pdf of the “opinion” which uses both fiction and non-fiction as a means of resolution.  https://www.sdnyblog.com/files/2020/08/18-Civ.-04596-2020.08.11-NRDC-v.-Dept-of-the-Interior-SJ-Ruling.pdf

This is the crux of Judge Caproni’s legal “opinion” as contained in the pdf:   It shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions….

N.B.: By “any migratory bird”, this means that ducks and geese will no longer be available for fall hunting. Period. She does have a tendency to rattle on, too.  The term “any part” includes such mundane things as molted feathers, which are naturally occurring deposits made by growing offspring of birds, as well as adult birds, of all species. Her failure to understand and/or acknowledge the simple and natural act of molting, which occurs in all species of birds, does not impair the bird’s health or welfare. Picking up a dropped feather from the ground can hardly be interpreted as a crime, but she has made it so in the language of her proposed bill. This is, indeed, “overkill”. And because she’s making a criminal act out of picking up an unneeded object, because it once sat on a bird, it is unconstitutional in that part about “cruel and unusual punishment” phrase.

The original intent of the 1918 Migratory Bird Act was to stop what was then commercial hunting, which gave hunters an incentive to take as many birds as they could shoot down for sale to stores.  The fact that commercial hunting was decimating other species at the same time made no difference to those people. They were after cash, and nothing else, and took their hunting to excess. As you know, there are landowners who raise pheasants and quail, and release them in the fall when the chicks are grown. That is not normally done with wild geese and ducks. You might have a pair of mallards in your fishing pond in the back yard, but it’s because they decided to set up housekeeping there.

Where am I going with this?  As it turns out, Judge Caproni’s record of decisions is questionable in itself. It is published at the Guardian article:  (Click on the “I’ll do it later” Guardian’s request that you register for a free read).  https://www.theguardian.com/world/2013/sep/06/fbi-lawyer-surveillance-judge-valerie-caproni#:

From the Guardian article: Even before the Guardian’s phone records revelations, provided by NSA whistleblower Edward Snowden, lawmakers found Caproni to be complicit in surveillance abuses. (Read that again: complicit in surveillance abuses.)

A 2010 report by the Department of Justice’s internal watchdog found that the FBI misused a type of non-judicial subpoena known as an “exigent letter” to improperly obtain more than 5,500 phone numbers of Americans.

“The FBI broke the law on telephone records privacy and the general counsel’s office, headed by Valerie Caproni, sanctioned it and must face consequences,” said John Conyers, then the chairman of the House judiciary committee, in April 2010, who called for then-FBI director Robert Mueller to fire her.

Conyers said he was “outraged” that the FBI invented “exigent letters” to more easily obtain phone records, and intimated Caproni was responsible for it. “It’s not in the Patriot Act. It never has been. And its use, perhaps coincidentally, began in the same month that Ms Valerie Caproni began her work as general counsel,” Conyers said in a hearing that month. The FBI stopped using exigent letters in 2006.

Lawmakers’ dissatisfaction with Caproni over surveillance has a long pedigree. – article

And just for more gits and shiggles, here’s a 533 page treatise on communications issues which you can read provided by the New York University School of Law re: Privacy and Security in The Cloud (re: the post-Snowden era)


That’s if you have nothing to do in your spare time, other than reminding yourselves that Snowden’s brain fart and fleeing the scene created some serious legal issues in his wake. In addition, you may remember the tear-stained confession of someone who lands here and squawks repeatedly, which same confession was inserted by that person into comments when I posted an article on Snowden’s debacle.

This article addresses the original 1918 Migratory Birds Act, which was aimed at protecting native migratory bird species from commercial hunters.  https://wattsupwiththat.com/2020/02/04/killing-birds/

Since turkeys, quail and pheasants do not migrate, they aren’t covered by it. Under Caproni’s interpretation of the law, you may not even be able to hunt those birds in the fall and winter, never mind pick up pheasant feathers that were dropped on the ground by molting birds.

In some states, you can be arrested and fined for “illegal taking” if a deer or a bear or whatever crashes through your windshield. New York is and for some time has been one of those states. If you’re going hunting this fall, be sure that you do check state rules on such things, just as a precaution. And should a bear throw itself into your windshield, make sure you call the state cops about it. Don’t try to extricate the bear. You might piss him off.

Category: "The Floggings Will Continue Until Morale Improves", "Your Tax Dollars At Work"

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Jeff LPH 3, 63-66

What an A-Hole/Bird brain and no feather in her cap after reading this. Doesn’t even deserve to be called a Chick (1950’s saying).


MBA has good parts and awful parts. I’m all about the fees going to preservation and administration of migratory birds, but with the number of hunters out there these days, which is historically low, how much regulation do these birds need?
Also, since those geniuses included doves on the list, certain states have taken it upon themselves to restrict dove hunting, specifically in this instance, Connecticrap.
Done in the 1960’s, a bunch of hippies decided to petition the government to protect the dove because ‘it is the bird of peace’ and ‘Noah’ or something.
Now those tasty, fun-hunting birds are restricted from hunting by regulation and law.
MBA, like many laws, was crafted by a-holes that do not know the thing(s) they wish to regulate.
And here we are…

USAF (Ret)

This goes against my freedom of written speech…I only use my own handmade quill pens from feathers collect from wild turkeys. Can I get the ACLU or another deep-6 turkey to represent me?


Ruffed Grouse aka Pahtridge.

September 26


Let the feathers fly! Lay them on their back and step on the wings.
Now pull on the legs until the guts come out attached. Toss that.
Rip open the breast and keep the two halves. Toss the rest.

I’ll leave the meal prep up to Ex-PH2 but bourbon is an essential ingredient.

Slow Joe

This is so stupid.

After every mass extinction new species expanded to occupy the ecological niches left empty by the dying species.

Its the circle of life.

Hunt all you want. Some other species will take its place.


Joint Base Lewis Mcchord has a flock of 30+ Canada Geese that have taken year round residence on the Hospital grounds and the pond occupied by a pair of swans placed their by the military.

Canada Geese, on average, drop between 1 to 1.5 pounds of feces every day! Hosting a population of 20 birds would be the same as having someone spread 20-30 lbs of bacteria contaminated biohazard on your lawn every day.

Geese crap is all over the sidewalks and the birds are so dumb, they stand in traffic lanes until somebody finally “nudges” them out of the way with a bumper.


This is not a bill in Congress. It is a federal district court judge’s decision/opinion interpreting federal statutes and regulations governing migratory birds. She is another of 0bama’s judicial appointments. He has appointed nothing but the most lefty activist lawyers as federal judges. Her appointment is just another example of Gramsci’s commie plan for the “march through the institutions” which would replace violent revolutions to install Marxist communism.


Leftists will selectively apply it to only screw people the dislike anyway.

“The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power. Not wealth or luxury or long life or happiness: only power, pure power.” –Orwell


It’s also a complete indictment of our educational system in general, and law school in particular, that they could allow someone so completely ignorant of the law to graduate.

And yeah, Obama never appointed anyone that wasn’t as window-licking stupid, and completely agenda driven as he was.


Like the herd of four dozen that lived at Fort McPhereson. Nothing like 30-lb waterfowl that get really cranky and territorial when you trip over them in the dark.

Dennis - not chevy

What are those of us who fly fish going to use? Perhaps, artificial wings made of plastic; yea, that’ll be good for the environment.

5th/77th FA

Lawd halp! Big Brother, or in this case Big Sister, is not only watching, but is dictating.

Big time developer called hisself building a real hoity-toity ‘hood in a rolling hills section of the county where the land had NEVER been farmed, worked, or even settled because the land had been rocky, hilly, sandy, basically worthless. Wouldn’t perk for septic and no well water to be found. Built his roads, laid out the lots and for flood control and conservation purposes built all kinds of lakes and ponds so everybody would have waterfront homes. Made a bloody fortune selling it to the Carpetbaggers. A year or so after it was built out, the migrating ducks and geese decided it was a real nice place to settle year round. As Berliner points out, wasn’t long at all before all of the custom landscaping, high dollar “lawn art” and 1/2 million dollar houses were covered in crap. The few that managed to finally sell out took a beating on the price they paid. Laff my ass off everytime I go by there.

m r ducks?


m r not ducks


m r 2
c dem wings?

A Proud Infidel®™

How does a DITZ like her even graduate Law School? I see her as further proof that one can have all kinds of education and still be a complete and total idiot! What’s next, ban logging and issue and edict that everyone has to use plastic toilet paper?


When evil leftist babes suck their way ahead (ask Camel-a Harris about that).


Judges like that are one more reason to give Trump four more years.

Jeff LPH 3, 63-66

Well there goes the Partridge family.


I would not call this “overkill” but “judicial tyranny” needing quick rectification.


Hunters are the best ecologists. They want their game to be plentiful and healthy.