Monday, March 31, 2014
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CA - Mongols rally against federal lawsuit targeting club logo
OFF THE WIRE
MAYWOOD >> Members of the Mongols Motorcycle Club joined
with thousands of bikers from throughout the region Saturday at a rally
to garner support and funds to combat a lawsuit brought by federal
authorities seeking to take control of the Mongols’ trademarked logo.
The U.S. Department of Justice last year filed a lawsuit seeking to seize control of the trademarked logo of the Mongol Nation Motorcycle Club LLC, arguing that the Mongols are a criminal organization and that the mark is used for intimidation.
But the Mongols and their attorneys argue that the government is overstepping its bounds with the lawsuit, which they said would infringe on the rights of club members.
“They’re trying to destroy the right of men to associate and indicate their association,” said Joe Yanny, an attorney representing the Mongols. “It’s absolutely ridiculous.”
The trial, previously scheduled to begin last week, has been postponed to late September.
Guests at Saturday’s rally at the House Bar and Grill in Maywood sported patches from dozens of motorcycle clubs, ranging from the Vagos to Christian biker clubs.
Hundreds of roaring Harley-Davidsons lined the streets outside the jam-packed venue, where bikers ate, drank and listened to music.
The rally represented,“a show of support from basically all the motorcycle clubs in Southern California,” Yanny said.
Federal prosecutors, following an October 2008 operation dubbed “Black Rain,” in which 80 Mongol members rounded up from six states ultimately agreed to plead guilty to a host of charges, have labeled the Mongols an “outlaw motorcycle club.” Prosecutors allege the group is involved in crimes ranging from murder to drug dealing, and the government therefore has the authority to take control of the Mongols’ logo.
In addition to being a violation of club members’ free-speech rights, Yanny said, “more importantly, it’s a due-process issue.”
The government is attempting to punish the entire club of more than 700 members for the actions of a small fraction, he said, adding that those involved in the 2008 criminal case are no longer club members.
“They want to paint the whole group as bad because of it,” Yanny said. “These men are decent men.”
Many Mongols are former military members simply seeking camaraderie, he said.
The club’s constitution takes a zero-tolerance stance toward criminal activity, he added.
But U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives officials have maintained that the club is a criminal organization, and that taking control of the logo was a measure intended to prevent violence.
Mongols President David “lil Dave” Santillan has said the club has been working hard to improve its image in recent years.
He thanked guests for their support at Saturday’s rally.
From a legal standpoint, it remained in question whether the federal government has the authority to seize the trademark, Yanny said.
The lawsuit breaks new ground in terms of trademark law, the attorney said, adding that it may end up at the Supreme Court.
Unlike a business trademark controlled by a single entity, the Mongols’ logo is a “collective membership mark,” Yanny said.
“It’s legally owned by one entity, but held in trust for the members,” he said. It’s the votes of club members that ultimately determined who is allowed to wear the club’s patch.
The Mongols have also filed a motion to have federal Judge Otis Wright II removed from the case, alleging bias. Yanny said he filed an additional writ in support of the argument Friday.
Thom Mrozek, spokesman for the U.S. Attorney’s Office in Los Angeles, previously declined to comment on the motion to have Wright replaced.
Wright, who ruled in favor of the Mongols in a 2008 lawsuit brought by a member whose patch was taken by law enforcement, has made statements indicating he is prejudiced against the motorcycle club, the Mongols’ attorneys argued. Additionally, Yanny said it was Wright who first suggested to prosecutors back in 2008 that they could go after the Mongols’ trademark.
“That’s why he shouldn’t be sitting on the bench in this case,” Yanny said.
If the Justice Department’s lawsuit should succeed, Yanny said it would eventually affect more than just the Mongols.
“They’ll go after all of the motorcycle clubs,” he said.
The U.S. Department of Justice last year filed a lawsuit seeking to seize control of the trademarked logo of the Mongol Nation Motorcycle Club LLC, arguing that the Mongols are a criminal organization and that the mark is used for intimidation.
But the Mongols and their attorneys argue that the government is overstepping its bounds with the lawsuit, which they said would infringe on the rights of club members.
“They’re trying to destroy the right of men to associate and indicate their association,” said Joe Yanny, an attorney representing the Mongols. “It’s absolutely ridiculous.”
The trial, previously scheduled to begin last week, has been postponed to late September.
Guests at Saturday’s rally at the House Bar and Grill in Maywood sported patches from dozens of motorcycle clubs, ranging from the Vagos to Christian biker clubs.
Hundreds of roaring Harley-Davidsons lined the streets outside the jam-packed venue, where bikers ate, drank and listened to music.
The rally represented,“a show of support from basically all the motorcycle clubs in Southern California,” Yanny said.
Federal prosecutors, following an October 2008 operation dubbed “Black Rain,” in which 80 Mongol members rounded up from six states ultimately agreed to plead guilty to a host of charges, have labeled the Mongols an “outlaw motorcycle club.” Prosecutors allege the group is involved in crimes ranging from murder to drug dealing, and the government therefore has the authority to take control of the Mongols’ logo.
In addition to being a violation of club members’ free-speech rights, Yanny said, “more importantly, it’s a due-process issue.”
The government is attempting to punish the entire club of more than 700 members for the actions of a small fraction, he said, adding that those involved in the 2008 criminal case are no longer club members.
“They want to paint the whole group as bad because of it,” Yanny said. “These men are decent men.”
Many Mongols are former military members simply seeking camaraderie, he said.
The club’s constitution takes a zero-tolerance stance toward criminal activity, he added.
But U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives officials have maintained that the club is a criminal organization, and that taking control of the logo was a measure intended to prevent violence.
Mongols President David “lil Dave” Santillan has said the club has been working hard to improve its image in recent years.
He thanked guests for their support at Saturday’s rally.
From a legal standpoint, it remained in question whether the federal government has the authority to seize the trademark, Yanny said.
The lawsuit breaks new ground in terms of trademark law, the attorney said, adding that it may end up at the Supreme Court.
Unlike a business trademark controlled by a single entity, the Mongols’ logo is a “collective membership mark,” Yanny said.
“It’s legally owned by one entity, but held in trust for the members,” he said. It’s the votes of club members that ultimately determined who is allowed to wear the club’s patch.
The Mongols have also filed a motion to have federal Judge Otis Wright II removed from the case, alleging bias. Yanny said he filed an additional writ in support of the argument Friday.
Thom Mrozek, spokesman for the U.S. Attorney’s Office in Los Angeles, previously declined to comment on the motion to have Wright replaced.
Wright, who ruled in favor of the Mongols in a 2008 lawsuit brought by a member whose patch was taken by law enforcement, has made statements indicating he is prejudiced against the motorcycle club, the Mongols’ attorneys argued. Additionally, Yanny said it was Wright who first suggested to prosecutors back in 2008 that they could go after the Mongols’ trademark.
“That’s why he shouldn’t be sitting on the bench in this case,” Yanny said.
If the Justice Department’s lawsuit should succeed, Yanny said it would eventually affect more than just the Mongols.
“They’ll go after all of the motorcycle clubs,” he said.
CA - Saving The Patch With Beer
OFF THE WIRE
agingrebel.com
At least a thousand members of saloon society attended the “Save the Patch” rally at a Mongols friendly bar called The House Lounge Saturday.
The rally was both a publicity event and a fundraiser. The proceeds will help the Mongols Motorcycle Club pay the cost of defending a landmark legal case. The points of that case, titled USA v. Mongol Nation, an Unincorporated Association, is to outlaw a lawful group with the aid of propaganda and to criminalize the previously legal act of belonging to a motorcycle club. Mongols Nation, which attorney Joe Yanny thinks is likely to be ultimately decided by the Supreme Court, has been almost completely ignored by the world’s press.
Two reporters made the trek to the House Lounge. One guy wore an Aging Rebel tee-shirt. The other, whose name is Brian Day, wore a press pass from the San Gabriel Valley Tribune, which is the only news outlet in Los Angeles that has even tried to report on the Mongols with any semblance of professionalism since Operation Black Rain was announced in October 2008. You can read Day’s take on the rally here.
Hanging Separately
The Hells Angels and the universe of clubs that support them were conspicuous by their absence. Los Angeles was unique in the world of motorcycle clubs for years. There are several one percenter clubs in the City of Angels. Three of them are big, tough clubs that would have been solely preeminent almost anywhere else in the world up until about a decade ago – the Mongols, the Vagos and the Hells Angels.
And it is hardly betraying a confidence to state in writing that the Vagos and Mongols have arranged a détente in the motorcycle world and that the Hells Angels remain proudly aloof from that. Nor is there a cop anywhere within ten thousand miles of Steve Cook, the biker authority in Kansas, who does not know that there was a bloody incident on the 15 Freeway south and west of El Lay on March 22, a week before the rally, that involved two well known Los Angeles area clubs. So neither the Angels nor any of the clubs that must get along with the Hells Angels made an appearance at the rally. Interestingly, the One Down MC, which is mostly African-American, was there.
Anyone who knows anything about outlaw clubs or how those clubs actually work or who understands the single, expressionless face that all clubs must show to outsiders can imagine that as many as four or five Angels out of ten sympathize and identify with the Mongols’ legal dilemma. But that is simply not how the Hells Angels as a whole relate to the outside world. So in the coming battles over what fraternal organizations Americans will be allowed to join the Angels will probably stand alone.
The Event
The House Lounge was packed with patches. There was just enough room for guys to hug. It was a daytime, friendly event attended by many women. At any time hundreds of Vagos, Mongols, Carnales, Silent Natives, Aztec Riders, Vietnam Vets and Pacific Savagez spilled out into the street.
The steak sandwiches were good, the music was loud, the beer was cold. Dave Santillan who is not afraid to be known as the President of the Mongols gave a pleasant speech about the importance of the cause.
Increasingly, there is only one biker party. What differentiates these events from one other is their subtext. The subtext of this party was a well known train of logic which goes like this: If faceless and mostly anonymous government employees can do this the Mongols they can do it to any motorcycle club including the Hells Angels. If this can happen to motorcycle clubs it can happen to the Ku Klux Klan, PETA and the Tea Party. And after that the government will find a way to impose its will on the Catholics, the Jews, the Methodists and the Boy Scouts.
The subtext was why the party at the House Lounge mattered. To belong to a motorcycle club is first and foremost a way of being a man. Men don’t have to stand tall but every once in a while they do have to stand up. And, every once in a while a man does have to draw or cross a line in the sand. The Mongols and the Vagos just drew a line.
agingrebel.com
At least a thousand members of saloon society attended the “Save the Patch” rally at a Mongols friendly bar called The House Lounge Saturday.
The rally was both a publicity event and a fundraiser. The proceeds will help the Mongols Motorcycle Club pay the cost of defending a landmark legal case. The points of that case, titled USA v. Mongol Nation, an Unincorporated Association, is to outlaw a lawful group with the aid of propaganda and to criminalize the previously legal act of belonging to a motorcycle club. Mongols Nation, which attorney Joe Yanny thinks is likely to be ultimately decided by the Supreme Court, has been almost completely ignored by the world’s press.
Two reporters made the trek to the House Lounge. One guy wore an Aging Rebel tee-shirt. The other, whose name is Brian Day, wore a press pass from the San Gabriel Valley Tribune, which is the only news outlet in Los Angeles that has even tried to report on the Mongols with any semblance of professionalism since Operation Black Rain was announced in October 2008. You can read Day’s take on the rally here.
Hanging Separately
The Hells Angels and the universe of clubs that support them were conspicuous by their absence. Los Angeles was unique in the world of motorcycle clubs for years. There are several one percenter clubs in the City of Angels. Three of them are big, tough clubs that would have been solely preeminent almost anywhere else in the world up until about a decade ago – the Mongols, the Vagos and the Hells Angels.
And it is hardly betraying a confidence to state in writing that the Vagos and Mongols have arranged a détente in the motorcycle world and that the Hells Angels remain proudly aloof from that. Nor is there a cop anywhere within ten thousand miles of Steve Cook, the biker authority in Kansas, who does not know that there was a bloody incident on the 15 Freeway south and west of El Lay on March 22, a week before the rally, that involved two well known Los Angeles area clubs. So neither the Angels nor any of the clubs that must get along with the Hells Angels made an appearance at the rally. Interestingly, the One Down MC, which is mostly African-American, was there.
Anyone who knows anything about outlaw clubs or how those clubs actually work or who understands the single, expressionless face that all clubs must show to outsiders can imagine that as many as four or five Angels out of ten sympathize and identify with the Mongols’ legal dilemma. But that is simply not how the Hells Angels as a whole relate to the outside world. So in the coming battles over what fraternal organizations Americans will be allowed to join the Angels will probably stand alone.
The Event
The House Lounge was packed with patches. There was just enough room for guys to hug. It was a daytime, friendly event attended by many women. At any time hundreds of Vagos, Mongols, Carnales, Silent Natives, Aztec Riders, Vietnam Vets and Pacific Savagez spilled out into the street.
The steak sandwiches were good, the music was loud, the beer was cold. Dave Santillan who is not afraid to be known as the President of the Mongols gave a pleasant speech about the importance of the cause.
Increasingly, there is only one biker party. What differentiates these events from one other is their subtext. The subtext of this party was a well known train of logic which goes like this: If faceless and mostly anonymous government employees can do this the Mongols they can do it to any motorcycle club including the Hells Angels. If this can happen to motorcycle clubs it can happen to the Ku Klux Klan, PETA and the Tea Party. And after that the government will find a way to impose its will on the Catholics, the Jews, the Methodists and the Boy Scouts.
The subtext was why the party at the House Lounge mattered. To belong to a motorcycle club is first and foremost a way of being a man. Men don’t have to stand tall but every once in a while they do have to stand up. And, every once in a while a man does have to draw or cross a line in the sand. The Mongols and the Vagos just drew a line.
Recommended reading, it might help to refresh everyone's memory, and reaffirm what we have to protect and to fight for what is right.....!
OFF THE WIRE
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The following is a transcription of the first 10 amendments to the United States Constitution. Called the "Bill of Rights", these amendments were ratified on December 15, 1791. Each amendment's title is linked to a set of detailed annotations presented on the Findlaw website.
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USA - The Republic’s End Times?
OFF THE WIRE
BY
As each day rolls by now it becomes ever more obvious that “The Republic” is doomed. I refer to the American constitutional, representative, republic.
BY
The Republic’s End Times?
A Commentary by J. D. Longstreet
********************
A Commentary by J. D. Longstreet
********************
As each day rolls by now it becomes ever more obvious that “The Republic” is doomed. I refer to the American constitutional, representative, republic.
We were doomed, I suppose, by the very process used to ensure a democracy … democracy itself. And that is the inherent danger of a democracy, any democracy.
We were warned well in advance. Yet, we paid no heed. The man at the center of the transformation of America made no secret of his intention to fundamentally change America. In fact, he blatantly told us he intended to do just such a thing. And with a compliant US Senate made up of mostly Socialists, Marxists, Progressives, and a very few REAL liberals, they executed a brilliant coup de tat in plain sight
The risk of electing a dictator, is always there in a democratic nation. We allow citizens the freedom to vote for the person they most like, most trust, to lead the country. All it takes is a bad mistake at the polls by freedom loving voters misled by slick, smooth, oratory and, let us not forget, the promise or the implication of… something for nothing. I cannot overemphasize the importance of the electorate’s ignorance. It is my belief that ignorance played the largest role in the election of Obama to the presidency of the US than any other single causation.
In a mad rush to the polls to elect the nation’s first “black” President, everything else was overlooked. Important things like Obama’s socialist leanings, his obvious preference of Muslims over those of the Jewish and Christian faiths, his bent toward collectivism, Marxism, and his penchant for a “command and control” economy for the US. None of this mattered to those ignorant of history, ignorant of the philosophies espoused by and believed in by Mr. Obama. No. What was MOST important to them was the election of America’s first black president, whatever the cost.
And there was a cost. Yes, the bill has come due. The cost was only our country – only the republic.
America is a different country than it was just five years ago. America was still a constitutional republic then. Today, America is a socialist nation with Progressives/Socialists/Marxists in control of our government and our economy. The nation is broke and on the cusp of total collapse. And we are being lied to by our leaders on a regular basis. They don’t even seem to mind when we catch them in a lie, anymore.
They are lying to us about the destruction to our healthcare system by Obamacare which is nothing more than socialized medicine of which Vladimir Lenin, himself said: “Socialized Medicine is the Keystone to the Arch of the Socialist State.”
They’re lying to us about the number of unemployed persons in America. An honest assessment of unemployment in America, I believe would render a percentage closer to 21%.
In my opinion, the government is not only lying to us, but they’re cooking the books as well.
The plain truth is — it is going to get a lot worse over the months ahead. We are beginning to get those manufactured “glowing reports” on Obamacare designed to hide the fact of its failure and how badly it has already hurt Americans and the country as a whole. We can expect a general bump upwards in the economic stats, which will be designed to point to a “continued” recovery, as we approach the election in November. Don’t believe them. It will be manufactured propaganda — nothing more.
What we are seeing in America’s economic decline today is what always happens when socialists, somehow, gain control of a nation’s government, and/or a nation’s economy. It dies. Eventually that nation dies just as America is doing.
Can America be saved? I doubt it.
Understand, dear reader, we don’t really know just how bad things really are — and we won’t know, until we clean the government of the miscreants now in charge. Sadly, even if the GOP gains control of the US Senate at the polls in November the damage already done the country will take decades to repair. Such is the virulence of Socialism/Marxism.
The country we knew as little as a decade ago no longer exists. How do we bring that country back? Can we? Frankly, I am not sure it can be recreated.
Will we be able to work past the anger, the suspicion, the lack of trust Americans have for one another today. We will have to fight the urge to split apart into more than one country. We may also find that instead of a single country, always at war with itself, the states may decide to split into two or three coalitions or confederacies, or, dare I say it… countries.
America is united in name only today. If we are honest with ourselves we will admit that America is, at the very least, two countries existing under the banner of one nation.
First, however, we must stop America’s slide into oblivion. Then we can decide who and what we want to become. Even before we do anything we must accept the fact that America, as a constitutional republic, no longer exists. It may be gone forever. I sincerely hope not. I hope Americans will decide to recreate America as its original founders intended. But, we must face the fact that THAT is not likely to happen.
America exists today as just another socialist nation along with its counterparts in Europe. It is a completely predictable end for a nation, which deliberately chose ignorance of its history and of its government.
Ignorance brought America down. There is no other reasonable explanation for the government we have in Washington, DC, today!
J. D. Longstreet
Remember, Always...NEVER FORGET....
OFF THE WIRE
BY
I am ceaselessly curious and seldom deprived of wonder and awe when, in the course of my searching – the remaining heroes of WWII are honored and memorialized.
These recent headlines bring sad news that elder warriors of fame have passed.
Sinatra said, cock your hat – angles are attitudes.
In honor of these two men, my hat is held squarely over my heart and my head is bowed.
Walter Ehlers lived to be 92. His passing, February 20, 2014 – like so many who sacrificed (more than any of us can imagine) to fight in WWII, was noted with distinction.
Headlines come and headlines go. The world and the American people have a lot going on.
Ehlers’ wife remembered her husband’s demeanor – as I watched an interview, she sang – ‘you are my sunshine, my only sunshine…’ She said, Walter was thesunshine in our lives, he always made us happy…he was such a good man.
Ehlers was awarded the Medal of Honor, the citation recalls his heroic actions inFrance, on June 9, 1944:
Staff Sgt. Ehlers, far ahead of his men, led his squad against a strongly defended enemy strong point, personally killing 4 of an enemy patrol who attacked him en route…Then crawling forward under withering machinegun fire, he pounced upon the guncrew and put it out of action.
Then, on June 10th, Ehlers, having advanced too deep into enemy territory, ordered his squad to withdraw:
At this point, though wounded himself, he carried his wounded automatic rifleman to safety and then returned fearlessly over the shell-swept field to retrieve the automatic rifle which he was unable to carry previously…[and] after having his wound treated, he refused to be evacuated, and returned to lead his squad.
Such courage, brave disregard for self, bold and fearless – and 23 years old at the time. Ehlers was honored for his,
intrepid leadership, indomitable courage, and fearless aggressiveness…in the face of overwhelming enemy forces
He was the last surviving recipient of the Medal of Honor from the June 6, 1944 D-Day Omaha Beach invasion. There are now less than 80 WWII warriors bestowed this honor, still alive.
On March 8, 2014 – William Guarnere, of Ambrose’s Band of Brothers fame passed away. He was 90 years old. Staff Sgt. Guarnere served in the 101st Airborne, 506 P.I.R. Easy Company, a famous and exceptional soldier. He lost a leg in the Battle of the Bulge, attempting to rescue fellow paratrooper Joseph Toye, wounded and trapped beneath the snow in the fury of German fire.
His commendations included the Silver Star, two Bronze Stars and two Purple Hearts.
Guarnere was only 21 years old when he jumped behind enemy lines in advance of D-Day.
Such valor, we now know – common among the greatest generation.
My hat, pressed against my chest, catching those tears that trickle from my eyes.
Greatness profoundly personified – thank you Walter Ehlers; thank you William Guarnere. To the hundreds of thousands, many of whom never returned – we give thanks for your example, and remorse for the sacrifices you bravely endured.
Bob Taft, the Ohio Republican once said these timeless words,
Many have left their families to defend our freedom. We salute their bravery; we express our appreciation and support to their families. And we pray for their safe return.
Ehlers and Guarnere returned to live many days past those that tested the soul of the Allies. Many more than we can fathom – did not. Bradley said, and many have echoed his sentiment – of the War’s dead:
the guys that didn’t come home are the real her heroes
Two more have been re-united with their brethren.
God bless, and welcome to your well deserved rest.
God Bless America, and may we remember, always.
Blade
Special bulletin from Spike! The Order of Constitution Defenders
OFF THE WIRE
Special bulletin from Spike! The Order of Constitution Defenders
When the time is right. We must work to nullify all of these statue laws that are repugnant to the Constitution initiated by a contract in fraud. Marbury v Madison, Norton v Shelby. The position is easily provable. Ask yourself how is jurisdiction established when you are born. You are not born in duress just because you happen to be born in certain location unless a crime defined in contract law is committed against you. The Constitution in the preamble states and I quote: To assume among the power of the Earth, the separate and equal station, to which the law of nature and nature's God entitles us. We are entitled by nature's God not man. There is nothing in the Constitution including the enumerated powers that can interfere with this. “That every man is independent of mans law, Except what is prescribed by nature”. Cruden v Neale. Jurisdiction is established by consent only. Article 13, Bill of Rights,There can be no involuntary servitude. Ask yourself what was unique about what this country in the beginning? It is a Republic not a democracy and based on consent not force. Ask yourself did Government create us? No! It was us who created the government, We the People that created Government through the creation of the Constitution that restricted the Government and bound them by Oath in service. What I am describing to you is the Sovereign position. We the People, vested in supreme authority, relative to Government., Blacks law Dictionary.
Think about it this way. The Governors of a State are always hollering about the protection of the Sovereignty of the State. Well! The question could be asked, if the State is Sovereign then where did this Sovereignty come from? Well! Who drafted the Constitution? We the People did and then the Constitution defined and created the State. Right? So, the answer is To give Sovereignty we would have to be Sovereign otherwise there would be a contradiction in logic, would it not? There can be no law derived by a contradiction.
Http/www.Constitutiondefender.com
When the time is right. We must work to nullify all of these statue laws that are repugnant to the Constitution initiated by a contract in fraud. Marbury v Madison, Norton v Shelby. The position is easily provable. Ask yourself how is jurisdiction established when you are born. You are not born in duress just because you happen to be born in certain location unless a crime defined in contract law is committed against you. The Constitution in the preamble states and I quote: To assume among the power of the Earth, the separate and equal station, to which the law of nature and nature's God entitles us. We are entitled by nature's God not man. There is nothing in the Constitution including the enumerated powers that can interfere with this. “That every man is independent of mans law, Except what is prescribed by nature”. Cruden v Neale. Jurisdiction is established by consent only. Article 13, Bill of Rights,There can be no involuntary servitude. Ask yourself what was unique about what this country in the beginning? It is a Republic not a democracy and based on consent not force. Ask yourself did Government create us? No! It was us who created the government, We the People that created Government through the creation of the Constitution that restricted the Government and bound them by Oath in service. What I am describing to you is the Sovereign position. We the People, vested in supreme authority, relative to Government., Blacks law Dictionary.
Think about it this way. The Governors of a State are always hollering about the protection of the Sovereignty of the State. Well! The question could be asked, if the State is Sovereign then where did this Sovereignty come from? Well! Who drafted the Constitution? We the People did and then the Constitution defined and created the State. Right? So, the answer is To give Sovereignty we would have to be Sovereign otherwise there would be a contradiction in logic, would it not? There can be no law derived by a contradiction.
Http/www.Constitutiondefender.com
Sunday, March 30, 2014
SLAVE IN MODERN AMERICA
OFF THE WIRE
SLAVE
IN MODERN AMERICA - Campaign notes: "FeelGood Quick Fix" - It is not a
mystery as to why there is very little support in any campaign to fight
child abuse or that the issue of child abuse IS on the bottom of the
list of human concerns...Folks today are more prone to supporting "quick
fix" projects and causes which make THEM "feel good" as a reward for
giving support. In other words, if you gave out crack, coke, urb, sex,
intoxication, financial rewards and free trips to
the Holy Land for support to fight child abuse - Hell, there would be
no child abuse today! We would have EVERYONE'S SUPPORT! Ironically, it
is those very rewards which lead to the creation of some of the most
heinous crimes of abuse against children...Apathy, or the un-involved,
also creates a barrier between society and the campaign to fight child
abuse. Child abuse does not feel good, needs to be blocked out from your
mind, should not tarnish your life or touch your senses, is a negative
topic and therefore should not be discussed if you are to be a positive
person..."Closure" is the trick word...THERE, ALL FIXED NOW!
USA - In 'Domain Awareness,' Detractors See Another NSA
OFF THE WIRE
You have just proven the point that "universal surveillance," whether done by government or by commercial entities, chills speech.
Supreme Court: It is your turn now. It is time to end programs that give the government "universal surveillance" and "total awareness"! They clearly violate the 1st, 4th, and 5th amendments.
In 'Domain Awareness,' Detractors See Another NSA
Martin Kaste/NPR
Police are like the rest of us; they suffer from information
overload. The data pour in from 21st century sources ranging from
license plate readers to Twitter. But as the information comes in, it
hits an old-fashioned bottleneck: human beings.
"They all have access to different databases," says Dave Mosher, vice president of program management at Microsoft Services. He describes the typical law enforcement command center as a room full of people at computers. "And they all stand up and walk around and talk to each other and they'll say, 'Tell me about this,' or 'Tell me about that.' "
Microsoft believes it solved that bottleneck when it build something called the Domain Awareness System. It's software that combines data streams and lets the computers look for what's important.
"If I'm an officer, it alerts me," Mosher says. "[It] says, 'You might want to take a look at this, based on the rules you put into the system. This looks suspicious, do you agree?' "
Microsoft is marketing a version of this to other police departments under the brand "AWARE." And it's not the only company getting into the business.
'A New Age' Of Policing
The appeal is obvious, especially for cash-strapped, high-crime cities such as Oakland, Calif. City leaders there say they simply don't have the tax base to pay for the number of police officers they need, so they've looked toward "domain awareness" as a kind of force multiplier.
"We're not ever going to have the police department that we used to have," says Noel Gallo, a member of the City Council. "We're at a different age, a new age, that we have to have some other tools to deal with crime."
For the past couple of years, the city of Oakland has worked with the Port of Oakland to build its own version of the system. It's called the Domain Awareness Center, or DAC. The federal government is paying for it with Homeland Security grants. But as the project grew, so did opposition.
After last summer's revelations of domestic spying by the National Security Agency, protesters started showing up en masse at Oakland City Council meetings. One signed in for the public comment period as "Edward Snowden"; another stood up to videorecord the council while supporters cheered and jeered. In November, protesters became so raucous, they forced the council to clear the hall.
"We're not just fighting for Oakland; we're fighting for everybody in the country," says Joshua Smith. He's one of the more computer-savvy activists against the DAC, which he sees as a part of a nationwide surveillance grid, funded by Homeland Security grants.
"Everything is IP-networked." Smith says. "Everything can be fibered straight to the White House if necessary. Straight to Langley."
Worries About Future Uses
That's been one of the most consistent criticisms of these domain awareness systems: they're flexible. They may start out combining video camera feeds with data from license plate readers, but once you have the platform running, police departments could plug in new features, such as social media scanners.
The backlash has made city officials reluctant to speak publicly about the DAC; staffers canceled an interview with NPR at the last minute. In the past, they've stressed the DAC's utility as an emergency response center.
But City Council members acknowledge the interest from the Oakland police. Council member Lynette McElhaney says the interim chief has said that the DAC could help "leverage" the small police force. McElhaney, who's been skeptical of the DAC, also says the police department doesn't expect miracles from the technology. The identification of suspects, she says, is "way more futuristic than what would be contemplated by the initial install."
And that's the heart of the controversy in Oakland: the uncertainty over what the DAC is really capable of. For instance, could the video feed be combined with facial recognition?
"No one trusts city staff at this point to tell the truth," says Brian Hofer, a spokesman for the , an organization that crystallized around the DAC debate. "The internal emails we've seen at least allow for the potential of [facial recognition] to be included. ... Whether that will happen for certain, it may require litigation and discovery to find out."
Some of the suspicion stems from how slow the city was to lay down the rules for the DAC — how long data can be saved, who can search them, and so on. Linda Lye, a staff attorney with the ACLU of Northern California, says those limits — the DAC "privacy policy" — should have come first.
"For what purpose are we adopting this?" asks Lye. If it's really for emergency response, she says, "that's a wonderful use of new technology. But then we need to configure the system so that it furthers those purposes, and doesn't surreptitiously further another entirely different purpose ... for example, warrantless mass surveillance."
City officials are working on a privacy policy for the DAC, but it may be too late, politically. On Tuesday, confronted by the usual crowd of protesters, the City Council decided to delay approval of the DAC's next phase. And some council members are talking about scaling back the project and limiting "domain awareness" to Oakland's port — even if it means losing out on some of the grant money from Homeland Security.
COMMENT,BY LONNIE
You have just proven the point that "universal surveillance," whether done by government or by commercial entities, chills speech.
Supreme Court: It is your turn now. It is time to end programs that give the government "universal surveillance" and "total awareness"! They clearly violate the 1st, 4th, and 5th amendments.
In 'Domain Awareness,' Detractors See Another NSA
Protesters line up outside City Hall in
Oakland, Calif., to demonstrate against the Domain Awareness Center, a
data integration system being built by the city and the Port of Oakland.
"They all have access to different databases," says Dave Mosher, vice president of program management at Microsoft Services. He describes the typical law enforcement command center as a room full of people at computers. "And they all stand up and walk around and talk to each other and they'll say, 'Tell me about this,' or 'Tell me about that.' "
Microsoft believes it solved that bottleneck when it build something called the Domain Awareness System. It's software that combines data streams and lets the computers look for what's important.
"If I'm an officer, it alerts me," Mosher says. "[It] says, 'You might want to take a look at this, based on the rules you put into the system. This looks suspicious, do you agree?' "
Microsoft is marketing a version of this to other police departments under the brand "AWARE." And it's not the only company getting into the business.
'A New Age' Of Policing
The appeal is obvious, especially for cash-strapped, high-crime cities such as Oakland, Calif. City leaders there say they simply don't have the tax base to pay for the number of police officers they need, so they've looked toward "domain awareness" as a kind of force multiplier.
"We're not ever going to have the police department that we used to have," says Noel Gallo, a member of the City Council. "We're at a different age, a new age, that we have to have some other tools to deal with crime."
For the past couple of years, the city of Oakland has worked with the Port of Oakland to build its own version of the system. It's called the Domain Awareness Center, or DAC. The federal government is paying for it with Homeland Security grants. But as the project grew, so did opposition.
After last summer's revelations of domestic spying by the National Security Agency, protesters started showing up en masse at Oakland City Council meetings. One signed in for the public comment period as "Edward Snowden"; another stood up to videorecord the council while supporters cheered and jeered. In November, protesters became so raucous, they forced the council to clear the hall.
"We're not just fighting for Oakland; we're fighting for everybody in the country," says Joshua Smith. He's one of the more computer-savvy activists against the DAC, which he sees as a part of a nationwide surveillance grid, funded by Homeland Security grants.
"Everything is IP-networked." Smith says. "Everything can be fibered straight to the White House if necessary. Straight to Langley."
Worries About Future Uses
That's been one of the most consistent criticisms of these domain awareness systems: they're flexible. They may start out combining video camera feeds with data from license plate readers, but once you have the platform running, police departments could plug in new features, such as social media scanners.
The backlash has made city officials reluctant to speak publicly about the DAC; staffers canceled an interview with NPR at the last minute. In the past, they've stressed the DAC's utility as an emergency response center.
But City Council members acknowledge the interest from the Oakland police. Council member Lynette McElhaney says the interim chief has said that the DAC could help "leverage" the small police force. McElhaney, who's been skeptical of the DAC, also says the police department doesn't expect miracles from the technology. The identification of suspects, she says, is "way more futuristic than what would be contemplated by the initial install."
And that's the heart of the controversy in Oakland: the uncertainty over what the DAC is really capable of. For instance, could the video feed be combined with facial recognition?
"No one trusts city staff at this point to tell the truth," says Brian Hofer, a spokesman for the , an organization that crystallized around the DAC debate. "The internal emails we've seen at least allow for the potential of [facial recognition] to be included. ... Whether that will happen for certain, it may require litigation and discovery to find out."
Some of the suspicion stems from how slow the city was to lay down the rules for the DAC — how long data can be saved, who can search them, and so on. Linda Lye, a staff attorney with the ACLU of Northern California, says those limits — the DAC "privacy policy" — should have come first.
"For what purpose are we adopting this?" asks Lye. If it's really for emergency response, she says, "that's a wonderful use of new technology. But then we need to configure the system so that it furthers those purposes, and doesn't surreptitiously further another entirely different purpose ... for example, warrantless mass surveillance."
City officials are working on a privacy policy for the DAC, but it may be too late, politically. On Tuesday, confronted by the usual crowd of protesters, the City Council decided to delay approval of the DAC's next phase. And some council members are talking about scaling back the project and limiting "domain awareness" to Oakland's port — even if it means losing out on some of the grant money from Homeland Security.
COMMENT,BY LONNIE
USA - Roads To Justice
OFF THE WIRE
Image by William Banzai
by Hank McGrath
Government Entitlements
Did you know more than half of those in Congress are millionaires? Each year RollCall.com does a piece on the 50 richest Congresspersons and also check out…
Think for a moment if you were a millionaire – what is the likelihood that you would care about you or me or any common Joe…You see, it is a way of human nature that as our conditions change so does our frame of mind; Hence, if we were millionaires we would not be concerned about the bottom up, we would primarily be concerned with the up-factor, the higher status once achieved must be defended…
According to a report by Michael Snyder in the Economic Collapse Blog and later reprinted in the SurvivalistBlog.net: 1) Over 500,000 federal workers average $100,000 dollars a year 2)There are over 77,000 federal workers that make more than the Governor of their own State 3)Over 139 White House staffers average $100,000 and 20 staffers average $175,000 4)Obama’s dog handler makes over $102,000 as year 5) The trip Obama took to Africa cost taxpayers over 100 million dollars 6)When Biden visited Moscow FOR TWO DAYS his hotel room cost over $665,000. When he went to Paris for one night the cost was $585,000 and when he went to London for a night the hotel bill was over $450,000…
Now, think, if you were a millionaire and stayed in a motel for one night how in the world do you spend over $500,000? When you have access to that kind of money YOU OWN JUDGES, you own large groups of power people. You have no need for the simple man, the hardworking mom, the toddlers and teenagers, the factory workers and small local business people. They cannot benefit you except by their service, their payment, their devotion and reverence to you …Sorry folks, ITS TRUE! It is a Plutocracy of which you serve. I am not just talking about a few dirty Congressmen here – The system is corrupt by its very pillars of elegance and arrogance. Only the “haves” count and the “have nots” must serve those who have as a way
to perpetuate the system…
YOUR HARD EARNED TAXES PAY FOR THEIR LAVISH LIFESTYLES and the lifestyle is not essential to getting bills passed that protect your rights. That is what I am attempting to convey to the reader. All of Congress could individually have but a five dollar bill in their pocket – does not affect whether they represent us or not. But, if half of Congress are millionaires and the other half are trying to be – the common citizen is “shit outta luck” as far as getting any real political representation in Washington, DC.
In November, 2012, CBS;s “60 Minutes” aired a special on how members of Congress (both parties) are unethically earning millions of dollars in shares and stocks by various schemes which they, themselves, have purposely not passed legislation to prevent. For years members of Congress have manipulated Wall Street and even bailed out Wall Street recently simply because they, themselves, would be directly affected financially if certain companies and corporations went belly up. Its true folks! According to the “60 Minutes segment: Representative Spencer Bachus (R-AL) was trading in funds that would make money if the economy tanked after receiving secret
briefings warning of the pending collapse of the financial sector; Members of Congress have been trading health care stocks during the health care reform debate; Speaker John Boehner (R-OH) “just days before the [public option] provision was publicly killed off, Boehner bought health care stocks, all of which went up.” YET, LEGISLATION HAS BEEN PASSED RECENTLY IN WASHINGTON, DC WHICH MAKES IT ILLEGAL FOR CONGRESS PERSONS TO PARTICIPATE IN “INSIDER TRADING”. The “60 Minutes” report went on to describe how Congresspersons play the IPO game. IPO’s are “Initial Public Offerings” by a company that first goes public and sells its stock. The company seeks to raise capital through the sale of public IPO’s and hires an investment bank to set the price for the market. According to Dave Johnson in License To Profit/TruthOut, “The opportunity for corruption in an IPO occurs if the stock price is manipulated to initially sell for a price that is lower than the market demand, guaranteeing instant profits to purchasers of stock at the opening price. Since this form of price manipulation is under the control of the investment bank that is managing the IPO (with a wink and a nod from executives of the company that is offering the stock), the opportunity for access to the guaranteed quick profit offered by a manipulated IPO can be traded for favors. And, as we know, Congress has, over the years, granted lots of favors to Wall Street.” An example of this is how Nancy Pelosi financially benefited from over 8 IPO’s since 2008. One such stock was on Visa where the initial stock price was $44 dollars a share and two days later the price was trading at $64 dollars a share. Oh, I forgot to tell you that during this same period of days a bill was before her that would have had a bad effect on credit card companies…Seems she made her profitable move PRIOR TO a vote on the bill. The same as with Boehner who bought health care stocks and profited
while a health care provision set before him in Congress…Isn’t that unethical and corrupt behavior? Know how they do it? Their wives or husbands become financial advisors and traders or they make arrangements with their own investor who has specific instructions of what moves to make. It is beyond “insider trading” when you have total control! As you read in Part One, Congresspersons spend 4 hours each day making phone calls to corporations and power brokers to raise capital for themselves and their party. Who the hell do you think they are calling?!! Come on, snap out of it! Washington, DC is a business, a very, VERY large corporation. While the citizen votes with a constitutional concept the candidates are in competition to win control of the corporation – United States of America, Inc. They would be fools to take control simply to relinquish control to the citizenry. That is why they get the titles and the big money “entitlements” and you get the little fat and grizzle cuttings off the steak (food stamps, housing and the like).
Government Entitlements
Did you know more than half of those in Congress are millionaires? Each year RollCall.com does a piece on the 50 richest Congresspersons and also check out…
Think for a moment if you were a millionaire – what is the likelihood that you would care about you or me or any common Joe…You see, it is a way of human nature that as our conditions change so does our frame of mind; Hence, if we were millionaires we would not be concerned about the bottom up, we would primarily be concerned with the up-factor, the higher status once achieved must be defended…
According to a report by Michael Snyder in the Economic Collapse Blog and later reprinted in the SurvivalistBlog.net: 1) Over 500,000 federal workers average $100,000 dollars a year 2)There are over 77,000 federal workers that make more than the Governor of their own State 3)Over 139 White House staffers average $100,000 and 20 staffers average $175,000 4)Obama’s dog handler makes over $102,000 as year 5) The trip Obama took to Africa cost taxpayers over 100 million dollars 6)When Biden visited Moscow FOR TWO DAYS his hotel room cost over $665,000. When he went to Paris for one night the cost was $585,000 and when he went to London for a night the hotel bill was over $450,000…
Now, think, if you were a millionaire and stayed in a motel for one night how in the world do you spend over $500,000? When you have access to that kind of money YOU OWN JUDGES, you own large groups of power people. You have no need for the simple man, the hardworking mom, the toddlers and teenagers, the factory workers and small local business people. They cannot benefit you except by their service, their payment, their devotion and reverence to you …Sorry folks, ITS TRUE! It is a Plutocracy of which you serve. I am not just talking about a few dirty Congressmen here – The system is corrupt by its very pillars of elegance and arrogance. Only the “haves” count and the “have nots” must serve those who have as a way
to perpetuate the system…
YOUR HARD EARNED TAXES PAY FOR THEIR LAVISH LIFESTYLES and the lifestyle is not essential to getting bills passed that protect your rights. That is what I am attempting to convey to the reader. All of Congress could individually have but a five dollar bill in their pocket – does not affect whether they represent us or not. But, if half of Congress are millionaires and the other half are trying to be – the common citizen is “shit outta luck” as far as getting any real political representation in Washington, DC.
In November, 2012, CBS;s “60 Minutes” aired a special on how members of Congress (both parties) are unethically earning millions of dollars in shares and stocks by various schemes which they, themselves, have purposely not passed legislation to prevent. For years members of Congress have manipulated Wall Street and even bailed out Wall Street recently simply because they, themselves, would be directly affected financially if certain companies and corporations went belly up. Its true folks! According to the “60 Minutes segment: Representative Spencer Bachus (R-AL) was trading in funds that would make money if the economy tanked after receiving secret
briefings warning of the pending collapse of the financial sector; Members of Congress have been trading health care stocks during the health care reform debate; Speaker John Boehner (R-OH) “just days before the [public option] provision was publicly killed off, Boehner bought health care stocks, all of which went up.” YET, LEGISLATION HAS BEEN PASSED RECENTLY IN WASHINGTON, DC WHICH MAKES IT ILLEGAL FOR CONGRESS PERSONS TO PARTICIPATE IN “INSIDER TRADING”. The “60 Minutes” report went on to describe how Congresspersons play the IPO game. IPO’s are “Initial Public Offerings” by a company that first goes public and sells its stock. The company seeks to raise capital through the sale of public IPO’s and hires an investment bank to set the price for the market. According to Dave Johnson in License To Profit/TruthOut, “The opportunity for corruption in an IPO occurs if the stock price is manipulated to initially sell for a price that is lower than the market demand, guaranteeing instant profits to purchasers of stock at the opening price. Since this form of price manipulation is under the control of the investment bank that is managing the IPO (with a wink and a nod from executives of the company that is offering the stock), the opportunity for access to the guaranteed quick profit offered by a manipulated IPO can be traded for favors. And, as we know, Congress has, over the years, granted lots of favors to Wall Street.” An example of this is how Nancy Pelosi financially benefited from over 8 IPO’s since 2008. One such stock was on Visa where the initial stock price was $44 dollars a share and two days later the price was trading at $64 dollars a share. Oh, I forgot to tell you that during this same period of days a bill was before her that would have had a bad effect on credit card companies…Seems she made her profitable move PRIOR TO a vote on the bill. The same as with Boehner who bought health care stocks and profited
while a health care provision set before him in Congress…Isn’t that unethical and corrupt behavior? Know how they do it? Their wives or husbands become financial advisors and traders or they make arrangements with their own investor who has specific instructions of what moves to make. It is beyond “insider trading” when you have total control! As you read in Part One, Congresspersons spend 4 hours each day making phone calls to corporations and power brokers to raise capital for themselves and their party. Who the hell do you think they are calling?!! Come on, snap out of it! Washington, DC is a business, a very, VERY large corporation. While the citizen votes with a constitutional concept the candidates are in competition to win control of the corporation – United States of America, Inc. They would be fools to take control simply to relinquish control to the citizenry. That is why they get the titles and the big money “entitlements” and you get the little fat and grizzle cuttings off the steak (food stamps, housing and the like).
***************************************************************************
Americans Have Lost VIRTUALLY ALL Constitutional Rights
by Sunshinny
This article is a MUST READ when considering exactly where the citizen stands with the government and at what cost and loss of what “citizen powers” …???
How Many Constitutional Freedoms Have We Lost?
This post explains the liberties guaranteed in the Bill of Rights – the first 10 amendments to the United States Constitution – and provides a scorecard on the extent of the loss of each right. (This is an updated version of an essay we wrote in February. Unfortunately, a lot of information has come out since then.)
First Amendment
The 1st Amendment protects speech, religion, assembly and the press:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The Supreme Court has also interpreted the First Amendment as protecting freedom of association.
However, the government is arresting those speaking out … and violently crushing peaceful assemblies which attempt to petition the government for redress.
A federal judge found that the law allowing indefinite detention of Americans without due process has a“chilling effect” on free speech. And see this and this.
There are also enacted laws allowing the secret service to arrest anyone protesting near the president or other designated folks (that might explain incidents like this).
Mass spying by the NSA violates our freedom of association.
The threat of being labeled a terrorist for exercising our First Amendment rights certainly violates the First Amendment. The government is using laws to crush dissent, and it’s gotten so bad that even U.S. Supreme Court justices are saying that we are descending into tyranny.
For example, the following actions may get an American citizen living on U.S. soil labeled as a “suspected terrorist” today:
However, the government is arresting those speaking out … and violently crushing peaceful assemblies which attempt to petition the government for redress.
A federal judge found that the law allowing indefinite detention of Americans without due process has a“chilling effect” on free speech. And see this and this.
There are also enacted laws allowing the secret service to arrest anyone protesting near the president or other designated folks (that might explain incidents like this).
Mass spying by the NSA violates our freedom of association.
The threat of being labeled a terrorist for exercising our First Amendment rights certainly violates the First Amendment. The government is using laws to crush dissent, and it’s gotten so bad that even U.S. Supreme Court justices are saying that we are descending into tyranny.
For example, the following actions may get an American citizen living on U.S. soil labeled as a “suspected terrorist” today:
- Complaining about the taste of your tap water
- Being young (if you live near a battle zone, you are fair game; and see this)
- Reporting or doing journalism (and here and here)
- Having “strange odors” or “bright colored stains on clothes” (what if you eat mustard or ketchup?)
- Protesting anything (such as participating in the “Occupy” or “Tea Party” movements)
- Questioning war (even though war reduces our national security; and see this)
- Criticizing the government’s targeting of innocent civilians with drones (although killing innocent civilians with drones is one of the main things which increases terrorism. And see this)
- Stocking up on more than 7 days of food (even though all Mormons are taught to stockpile food, and most Hawaiians store up on extra food)
- (Not having a Facebook account may soon be added)
And holding the following beliefs may also be considered grounds for suspected terrorism:
- Liking the Founding Fathers
- Being a Christian
- Being “anti-nuclear”
- Being “anti-abortion”
- Being “anti-Catholic”
- Being “anti-global”
Of course, Muslims are more or less subject to a separate system of justice in America.
And 1st Amendment rights are especially chilled when power has become so concentrated that the same agency which spies on all Americans also decides who should be assassinated.
And 1st Amendment rights are especially chilled when power has become so concentrated that the same agency which spies on all Americans also decides who should be assassinated.
Second Amendment
The 2nd Amendment states:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Gun control and gun rights advocates obviously have very different views about whether guns are a force for violence or for good.
But even a top liberal Constitutional law expert reluctantly admits that the right to own a gun is as important a Constitutional right as freedom of speech or religion:
But even a top liberal Constitutional law expert reluctantly admits that the right to own a gun is as important a Constitutional right as freedom of speech or religion:
Like many academics, I was happy to blissfully ignore the Second Amendment. It did not fit neatly into my socially liberal agenda.
***
It is hard to read the Second Amendment and not honestly conclude that the Framers intended gun ownership to be an individual right. It is true that the amendment begins with a reference to militias: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Accordingly, it is argued, this amendment protects the right of the militia to bear arms, not the individual.
Yet, if true, the Second Amendment would be effectively declared a defunct provision. The National Guard is not a true militia in the sense of the Second Amendment and, since the District and others believe governments can ban guns entirely, the Second Amendment would be read out of existence.
***
More important, the mere reference to a purpose of the Second Amendment does not alter the fact that an individual right is created. The right of the people to keep and bear arms is stated in the same way as the right to free speech or free press. The statement of a purpose was intended to reaffirm the power of the states and the people against the central government. At the time, many feared the federal government and its national army. Gun ownership was viewed as a deterrent against abuse by the government, which would be less likely to mess with a well-armed populace.
Considering the Framers and their own traditions of hunting and self-defense, it is clear that they would have viewed such ownership as an individual right — consistent with the plain meaning of the amendment.
None of this is easy for someone raised to believe that the Second Amendment was the dividing line between the enlightenment and the dark ages of American culture. Yet, it is time to honestly reconsider this amendment and admit that … here’s the really hard part … the NRAmay have been right. This does not mean that Charlton Heston is the new Rosa Parks or that no restrictions can be placed on gun ownership. But it does appear that gun ownership was made a protected right by the Framers and, while we might not celebrate it, it is time that we recognize it.
The gun control debate – including which weapons and magazines are banned – is still in flux …
Third Amendment
The 3rd Amendment prohibits the government forcing people to house soldiers:
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
While a recent lawsuit by a Nevada family – covered by (Mother Jones, Fox News and Courthouse News – alleges violation of the Third Amendment, this appears to be an isolated incident and an aberration.
So we’ll count this as an Amendment which is still being honored! Score one for We the People!
So we’ll count this as an Amendment which is still being honored! Score one for We the People!
Fourth Amendment
The 4th Amendment prevents unlawful search and seizure:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
But the government is spying on everything we do … without any real benefit or justification.
Indeed, experts say that the type of spying being carried out by the NSA and other agencies is exactly the kind of thing which King George imposed on the American colonists … which led to the Revolutionary War.
And many Constitutional experts – such as Jonathan Turley – think that the police went too far in Boston with lockdowns and involuntary door-to-door searches.
Indeed, experts say that the type of spying being carried out by the NSA and other agencies is exactly the kind of thing which King George imposed on the American colonists … which led to the Revolutionary War.
And many Constitutional experts – such as Jonathan Turley – think that the police went too far in Boston with lockdowns and involuntary door-to-door searches.
Fifth Amendment
The 5th Amendment addresses due process of law, eminent domain, double jeopardy and grand jury:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
But the American government has shredded the 5th Amendment by subjecting us to indefinite detentionand taking away our due process rights.
The government claims the right to assassinate or indefinitely detain any American citizen on U.S. citizen without any due process. And see this.
As such, the government is certainly depriving people of life, liberty, or property, without due process of law.
There are additional corruptions of 5th Amendment rights – such as property being taken for privatepurposes. And the right to remain silent is gone.
The percentage of prosecutions in which a defendant is denied a grand jury is difficult to gauge, as there isso much secrecy surrounding many terrorism trials.
Protection against being tried twice for the same crime after being found innocent (“double jeopardy”) seems to be intact. Hey … that’s two Constitutional rights which are still intact!
The government claims the right to assassinate or indefinitely detain any American citizen on U.S. citizen without any due process. And see this.
As such, the government is certainly depriving people of life, liberty, or property, without due process of law.
There are additional corruptions of 5th Amendment rights – such as property being taken for privatepurposes. And the right to remain silent is gone.
The percentage of prosecutions in which a defendant is denied a grand jury is difficult to gauge, as there isso much secrecy surrounding many terrorism trials.
Protection against being tried twice for the same crime after being found innocent (“double jeopardy”) seems to be intact. Hey … that’s two Constitutional rights which are still intact!
Image by William BanzaiSixth Amendment
The 6th Amendment guarantees the right to hear the criminal charges levied against us and to be able to confront the witnesses who have testified against us, as well as speedy criminal trials, and a public defender for those who cannot hire an attorney:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Subjecting people to indefinite detention or assassination obviously violates the 6th Amendment right to a jury trial. In both cases, the defendants is “disposed of” without ever receiving a trial … and often without ever hearing the charges against them.
More and more commonly, the government prosecutes cases based upon “secret evidence” that they don’t show to the defendant … or sometimes even the judge hearing the case.
The government uses “secret evidence” to spy on Americans, prosecute leaking or terrorism charges (even against U.S. soldiers) and even assassinate people. And see this and this.
Secret witnesses are being used in some cases. And sometimes lawyers are not even allowed to read their own briefs.
Indeed, even the laws themselves are now starting to be kept secret. And it’s about to get a lot worse.
True – when defendants are afforded a jury trial – they are provided with assistance of counsel. However, the austerity caused by redistribution of wealth to the super-elite is causing severe budget cuts to the courts and the public defenders’ offices nationwide.
Moreover, there are two systems of justice in America … one for the big banks and other fatcats, and one for everyone else. The government made it official policy not to prosecute fraud, even though fraud is themain business model adopted by Wall Street. Indeed, the biggest financial crime in world history, thelargest insider trading scandal of all time, illegal raiding of customer accounts and blatant financing of drug cartels and terrorists have all been committed recently without any real criminal prosecution or jail time.
On the other hand, government prosecutors are using the legal system to crush dissent and to silence whistleblowers.
And some of the nation’s most powerful judges have lost their independence … and are in bed with the powers-that-be.
More and more commonly, the government prosecutes cases based upon “secret evidence” that they don’t show to the defendant … or sometimes even the judge hearing the case.
The government uses “secret evidence” to spy on Americans, prosecute leaking or terrorism charges (even against U.S. soldiers) and even assassinate people. And see this and this.
Secret witnesses are being used in some cases. And sometimes lawyers are not even allowed to read their own briefs.
Indeed, even the laws themselves are now starting to be kept secret. And it’s about to get a lot worse.
True – when defendants are afforded a jury trial – they are provided with assistance of counsel. However, the austerity caused by redistribution of wealth to the super-elite is causing severe budget cuts to the courts and the public defenders’ offices nationwide.
Moreover, there are two systems of justice in America … one for the big banks and other fatcats, and one for everyone else. The government made it official policy not to prosecute fraud, even though fraud is themain business model adopted by Wall Street. Indeed, the biggest financial crime in world history, thelargest insider trading scandal of all time, illegal raiding of customer accounts and blatant financing of drug cartels and terrorists have all been committed recently without any real criminal prosecution or jail time.
On the other hand, government prosecutors are using the legal system to crush dissent and to silence whistleblowers.
And some of the nation’s most powerful judges have lost their independence … and are in bed with the powers-that-be.
Seventh Amendment
The 7th Amendment guarantees trial by jury in federal court for civil cases:
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
As far as we know, this right is still being respected (that’s three rights still being followed).
However – as noted above – the austerity caused by redistribution of wealth to the super-elite is causing severe budget cuts to the courts, resulting in the wheels of justice slowing down considerably.
However – as noted above – the austerity caused by redistribution of wealth to the super-elite is causing severe budget cuts to the courts, resulting in the wheels of justice slowing down considerably.
Painting by Anthony Freda: www.AnthonyFreda.com
Eighth Amendment
The 8th Amendment prohibits cruel and unusual punishment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Indefinite detention and assassination are obviously cruel and unusual punishment.
The widespread system of torture carried out in the last 10 years – with the help of other countries –violates the 8th Amendment. Many want to bring it back … or at least justify its past use.
While Justice Scalia disingenuously argues that torture does not constitute cruel and unusual punishment because it is meant to produce information – not punish – he’s wrong. It’s not only cruel and unusual … it is technically a form of terrorism.
And government whistleblowers are being cruelly and unusually punished with unduly harsh sentences meant to intimidate anyone else from speaking out.
The widespread system of torture carried out in the last 10 years – with the help of other countries –violates the 8th Amendment. Many want to bring it back … or at least justify its past use.
While Justice Scalia disingenuously argues that torture does not constitute cruel and unusual punishment because it is meant to produce information – not punish – he’s wrong. It’s not only cruel and unusual … it is technically a form of terrorism.
And government whistleblowers are being cruelly and unusually punished with unduly harsh sentences meant to intimidate anyone else from speaking out.
Ninth Amendment
The 9th Amendment provides that people have other rights, even if they aren’t specifically listed in the Constitution:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
We can debate what our inherent rights as human beings are. I believe they include the right to a level playing field, and access to non-toxic food and water. You may disagree.
But everyone agrees that the government should not actively encourage fraud and manipulation. However, the government – through its malignant, symbiotic relation with big corporations – is interfering with our aspirations for economic freedom, safe food and water (instead of arsenic-laden, genetically engineered junk), freedom from undue health hazards such as irradiation due to government support of archaic nuclear power designs, and a level playing field (as opposed to our crony capitalist system in which the little guy has no shot due to redistribution of wealth from the middle class to the super-elite, and government support of white collar criminals).
By working hand-in-glove with giant corporations to defraud us into paying for a lower quality of life, the government is trampling our basic rights as human beings.
But everyone agrees that the government should not actively encourage fraud and manipulation. However, the government – through its malignant, symbiotic relation with big corporations – is interfering with our aspirations for economic freedom, safe food and water (instead of arsenic-laden, genetically engineered junk), freedom from undue health hazards such as irradiation due to government support of archaic nuclear power designs, and a level playing field (as opposed to our crony capitalist system in which the little guy has no shot due to redistribution of wealth from the middle class to the super-elite, and government support of white collar criminals).
By working hand-in-glove with giant corporations to defraud us into paying for a lower quality of life, the government is trampling our basic rights as human beings.
Tenth Amendment
The 10th Amendment provides that powers not specifically given to the Federal government are reserved to the states or individual:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Two of the central principles of America’s Founding Fathers are:
(1) The government is created and empowered with the consent of the people
and
(2) Separation of powers
Today, most Americans believe that the government is threatening – rather than protecting – freedom. We’ve become more afraid of our government than of terrorists, and believe that the government is no longer acting with the “consent of the governed“.
And the federal government is trampling the separation of powers by stepping on the toes of the states and the people. For example, former head S&L prosecutor Bill Black – now a professor of law and economics –notes:
And the federal government is trampling the separation of powers by stepping on the toes of the states and the people. For example, former head S&L prosecutor Bill Black – now a professor of law and economics –notes:
The Federal Reserve Bank of New York and the resident examiners and regional staff of the Office of the Comptroller of the Currency [both] competed to weaken federal regulation andaggressively used the preemption doctrine to try to prevent state investigations of and actions against fraudulent mortgage lenders.
Indeed, the federal government is doing everything it can to stick its nose into every aspect of our lives … and act like Big Brother.
Conclusion: While a few of the liberties enshrined in the Bill of Rights still exist, the vast majority are underheavy assault.
Conclusion: While a few of the liberties enshrined in the Bill of Rights still exist, the vast majority are underheavy assault.
Other Constitutional Provisions … and The Declaration of Independence
In addition to the trampling of the Bill of Rights, the government has also trashed the separation of powersenshrined in the main body of the Constitution.
The government is also engaging in activities which the Founding Fathers fought against, such as taxation without representation (here and here), cronyism, deference to central banks, etc.
As thethe preamble to the Declaration of Independence shows, the American government is still carrying out many of the acts the Founding Fathers found most offensive:
The government is also engaging in activities which the Founding Fathers fought against, such as taxation without representation (here and here), cronyism, deference to central banks, etc.
As thethe preamble to the Declaration of Independence shows, the American government is still carrying out many of the acts the Founding Fathers found most offensive:
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
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He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
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For transporting us beyond Seas to be tried for pretended offences
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He is at this time transporting large Armies of foreign Mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
***
He has abdicated Government here, by declaring us out of his Protection and waging War against us.{Reprinted from http://www.torn-republic.com ,mirrored from http://www.theweepingeagle.com/ }
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