I think most Americans objectively, if you took the politics out of this, if they -- you asked them about sort of a state-level prosecutor lying in wait if things don't go a particular way at the federal level or if they do, most Americans would be -- would not be comfortable with that.
Cuccinelli discusses the fairness of state-level prosecutors preparing cases in anticipation of federal pardons.
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That means no one has had a legal dispute that will turn on the questions that this case will turn on before.
And famously, Mason said, we are the militia. They are the whole people, and that was never disputed in that time period and the Commonwealth didn’t dispute that.
One of the things Mason was concerned about, and it came out of the Stuart era that led into the Glorious Revolution and the right to bear arms being broadly spread out, was the Stuarts’ use of select militias.
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