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Posts Tagged ‘Law’

John Dough, Inc. — Legal Person and Citizen of The United States

In Activism, Civil Liberties, Constitutional Rights, Corruption, Courts and Justice System, Democracy, First Amendment, Fraud, History, Law, Libertarian, Libertarian Politics, Politics, Protest, US Government on January 25, 2010 at 12:24 pm

With its January 21, 2010 decision in the case of CITIZENS UNITED v. FEDERAL ELECTION COMMISSION (http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf), The Supreme Court of The United States issued a ruling as wrong as any it has made since the infamous “Dred Scott decision” and more activist than any judicial legislation that those on the far-right have ever cried out about. Overturning over 120 years of precedence and legislation, the five conservative justices alone have given body and breath to the “corporate person” which was created, not by legislation but rather by another decision of The Supreme Court, Santa Clara County vs. Southern Pacific Railroad (1886). (see http://blavier.newsvine.com/_news/2009/05/07/2789966-the-corporate-person-re-edit for more information).

 

In response to this horrifying and unjustifiable ruling, I have sent to the office of the Texas Secretary of State, a check for $25 and a Certificate of Formation Nonprofit Corporation, signed and dated by me on January 21, 2010 to create “John Dough, Inc.”. Clearly stated on the application for certification, the corporation is created with the purposes of:

 

1.) To function as a legal corporate person in the United States of America, based on decisions by the SCOTUS, beginning with Santa Clara County v. Southern Pacific Railroad Co. (1886) through Citizens United v Federal Election Commission (2010) which conferred the legal status of “personhood” on American Corporations.

 

2.) To seek to achieve legal and judicial recognition of all of its citizenship rights and privileges as a native-born “person” of The United States of American, including the right to vote, the right to run for office, the right of free speech, the right of gun ownership and every other right which belongs to any and every native-born American.

 

3.) To create challenges, through the judicial authorities and courts of The United States of American, to the legal concept and standing of a “corporate person” as having the same rights and powers of flesh and blood citizens of The United States.

 

It further states in the application that:

 

This corporattion shall not exist or function to profit any individuals, and its membership shall be open to any other persons who wants to support the efforts of this “corporate person” to challenge the standing and status of corporations as legal “persons” under The Constitution of The United States, as created and defined by decisions of The Supreme Court of The United States since 1886.

 

The Corporation shall exist be an instrument with which its members will register for any and all rights which, by nature, belong to a legal and native-born person in the United States, including its standing as a legal citizen of The United States, a registered voter of its home state and districts, to apply for licenses as a legal person, to run for political office as a legal person, to possess a passport of a citizen of The United States, and of any and all other tactics by which it can be used to challenge the legal “personhood” status of corporations within The United States.

 

I will be registering John Dough, Inc. to vote as a resident of precinct 15, Liberty County, Texas.

 

Once John Dough, Inc. is certified as a non-profit corporation, I will seek donations and membership within the corporation by any and everyone who supports this effort to challenge The Supreme Court of The United States. If The State of Texas refuses to certify John Dough, Inc. as a nonprofit corporation, then I plan to challenge that decision. Anyone with legal training who is a member of the Texas Bar Association and, thus, eligible to practice law within The State of Texas are also welcome to help with this cause.

 

Rhys M. Blavier

Romayor, Texas

 

“Truth, Justice and Honor… but, above all, Honor”

 

© Copyright 2010 by Rhys M. Blavier

 

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

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PART I: An Introduction to American Involvement with War Crimes Trials

In Activism, Corruption, Courts and Justice System, Crime, George Bush, Guantanamo, History, Human Rights Abuses, Law, Libertarian, Libertarian Politics, Military, Personal Responsibility, Politics, Terrorism, Torture, US Government, War on May 12, 2009 at 11:27 pm

If certain acts and violations of treaties are crimes, they are crimes whether the United States does them or whether Germany does them. We are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.

 

Associate Justice of the Supreme Court of The United States
Robert H. Jackson

 

Justice Jackson was asked by President Truman to represent The United States in establishing the process for trying German war criminals after Germany’s surrender in World War II. The above quote was made by him in 1945 during the negotiations of The London Charter of The International Military Tribunal (IMT) which established the legal justifications and basis for the trials. He later acted as the Chief Prosecutor for the Nuremberg War Crimes Trials (IMT) of the major war criminals.

 

I was probably only 12 years old when I first saw the movie ‘Judgment at Nuremburg‘ (based on the Judges’ Trial of the twelve subsequent Nuremberg Trials held after the one for the major war criminals). Even at that age, several things about the trials didn’t make sense to me. I didn’t have much more of an understanding of law or philosophy than that of any other child of my age, but I have always had a very natural understanding of logic… especially in my ability to recognize what ISN’T logical. The main question I have always had about the Nuremberg Trials is: “Why didn’t the losers get to file any charges against the winners?” That, to my mind, would be the primary aspect of a war crimes trial which would keep it from being simply ‘victors’ justice’

 

As I got older, more questions came to my mind about the Nuremberg Trials. The two most prominent of these questions are:

 

(1) We judged that those who were indicted and tried should have resisted or refused to obey laws and/or orders which they thought were immoral. However, what about those who did not have personal moral objections to those laws and/or orders? If they agreed with them but had no hand in giving or enacting them, weren’t they operating both within the law AND within their own moral codes and, if that was the case, then why weren’t they protected from prosecutions such as those at Nuremberg?; and

 

(2) If we wanted to establish that “I was just following orders” is NOT a valid defense, why doesn’t The United States put procedures and practices into place for our own soldiers and citizens who hold such objections to laws and/or orders which they are expected to follow and for which they would face court-martial and/or civil prosecution if they did refuse to obey.

 

In World War II, while there were several localized instances of American War Crimes which could be truthfully judged to be individual aberrations which could be properly, adequately and legally dealt with internally through courts-martial (the Biscari massacres, the Chenonge massacre, and the Dachau massacre, to name just three), there were no attempts to try larger scale incidents against any of the Allies for potential war crimes which originated at a command level or higher. Examples of these would include: the Dresden fire bombings of a non-strategic civilian city for the psychological effect it would have throughout Germany; the re-designation by the Allies of some German POWs (who were protected by The Geneva Conventions) to ‘disarmed enemy forces‘ (who, allegedly, were NOT protected he Geneva Convention) and their subsequent use as forced (i.e. – slave) labor by the French to clear minefields in France and The Low Countries (while this was provided for by the Armistice, the French government conceded that the practice was ‘perhaps‘ not in accordance with The Geneva Conventions. By December of 1945, the French government estimated that 2,000 German prisoners were being killed or maimed each month in accidents); and American food policy in post-war Germany which directly and indirectly caused the unnecessary suffering and deaths, from starvation, of large numbers of civilians and POWs in occupied Germany in violation of Article 43 of the 1907 Hague Rules of Land Warfare.

 

As we look at the debates our nation faces today about war crimes, it is ironic that, at the end of World War II and during the post-war period, it was The United States which took the lead in demanding legal actions and prosecutions to establish both guilt of those who would be punished AND legal precedence for the future. As early as December 1941, British Prime Minister, Sir Winston Churchill, was a vocal advocate for summary executions of war criminals, even to the point of being willing to use Acts of Attainder to circumvent any legal obstacles. It was leaders in The United States who eventually dissuaded him from this stance.

 

In 1943, at the Tehran Conference, Stalin proposed summarily executing 50,000 – 100,000 German Staff Officers. President Franklin Roosevelt tried to lighten this attitude with the suggestion that maybe only ‘49,000’ would need to be executed. Churchill followed this up by denouncing the “cold-blooded executions of soldiers who fought for their country”. In 1945, America’s Secretary of War, Henry L. Stimson, and his staff at The War Department drafted a plan for the ‘Trial of European War Criminals‘, which was strongly approved by President Truman. This plan formed the basis for negotiations of The London Charter.

 

While there may have been legitimate criticisms of the Allied war crimes trials, including by at least three other members of The United States Supreme Court… Chief Justice Harlan Stone (who called the Nuremberg trials “a fraud” and a “high-grade lynching”), Associate Justice William O. Douglas (who said that the Allies were guilty of “substituting power for principle” and that “law was created ex post facto to suit the passion and clamor of the time”), and Associate Justice Frank Murphy (who said, in protest of the war crime trial of Japanese General Masaharu Homma, “Either we conduct such a trial as this in the noble spirit and atmosphere of our Constitution or we abandon all pretense to justice, let the ages slip away and descend to the level of revengeful blood purges.”), it was The United States of America which led the path to the establishment of norms of public international trials for war crimes. Now we face showing ourselves as a nation of hypocrites who are quick to judge others but unwilling to have judgment turned on our own.

 

The war crimes trials of World War II may have utilized ex post facto laws and rules to judge and condemn Axis war criminals but, thanks in large part to The United States, they establish the precedent for holding accountable those at any and all levels of military, political, civilian AND economic structures for both actions AND decisions which lead to the systematic rule of brutality, terror and violence of both the German and Japanese regimes.

 

The United States considered such trials so important that after growing differences between the four major Allied Powers made additional international trials under the International Military Tribunal impossible, that they held 12 subsequent trials on their own at Nuremberg. Under Control Council Law #10, which empowered any of the occupying authorities to try suspected war criminals in their respective occupation zones, The United States alone, between December 1946 and October 1948, conducted:

 

01.) The Doctors’ Trial (Medical doctors and Nazi officials)

 

War Crimes: Performing medical experiments, without the subjects’ consent, on prisoners of war and civilians of occupied countries, in the course of which experiments the defendants committed murders, brutalities, cruelties, tortures, atrocities, and other inhuman acts. Also planning and performing the mass murder of prisoners of war and civilians of occupied countries, stigmatizated as aged, insane, incurably ill, deformed, and so on, by gas, lethal injections, and diverse other means in nursing homes, hospitals, and asylums during the Euthanasia Program and participating in the mass murder o concentration camp inmates.

 

Crimes Against Humanity: For performing those same acts on German nationals.

 

02.) The Milch Trial (Field Marshall of the Luftwaffe, Erhard Milch)

 

War Crimes: Knowingly committed war crimes as principal and accessory in enterprises involving slave labor and having also willingly and knowingly participated in enterprises involving the use of prisoners of war in war operations contrary to international convention and the laws and customs of war. Also, knowingly and willfully participated in enterprises involving fatal medical experiments upon subjects without their consent.

 

Crimes Against Humanity: For slave labor and fatal medical experiments, in the same manner as indicated in the first two counts, except that here the alleged victims are declared to be German nationals and nationals of other countries.

 

03.) The Judges’ Trial (German jurists and lawyers)

(Held responsible for implementing and furthering the Nazi “racial purity” program through the German eugenic and racial laws)

 

War Crimes: Abuse of the judicial and penal process, resulting in mass murder, torture, plunder of private property.


Crimes Against Humanity: The same grounds, including slave labor charges.

 

04.) The Pohl Trial (Employees of the SS Economics and Administrative Department)

(Held for active involvement in and administration of the “Final Solution”; they also handled the procurement for the Waffen SS and the administration of the SS ‘Totenkopf’Divisions)


War Crimes: Administration of concentration camps and of extermination camps, and the mass murders and atrocities committed those camps.

 

Crimes Against Humanity: The same grounds, including slave labor charges.

 

05.) The Flick Trial (high-ranking directors of Flick’s group of companies)

(Charges centered on slave labor and plundering, but Flick and the Otto Steinbrinck, were also charged for their membership in the “Circle of Friends of Himmler”, a group of influential German industrialists and bankers for the purpose of giving financial support to the Nazis. Its members “donated” annually about 1 million Reichsmark to a “Special Account S” in favor of Himmler.)


War Crimes and Crimes Against Humanity: Participating in the deportation and enslavement of the civilian populations of countries and territories under the belligerent occupation of or otherwise controlled by Germany, and of concentration camp inmates, for use as slave labor in Flick mines and factories.

 

War Crimes and Crimes Against Humanity: Plundering and spoliation of occupied territories, and the seizure of plants both in the west (France) and the east (Poland, Russia). Crimes Against Humanity: participation in the persecution of Jews and the ‘aryanization’ of their properties.

 

06.) The Hostages’ Trial

(Regarding the taking of civilian hostages; wanton shootings of hostages and ‘partisans’)


War Crimes and Crimes Against Humanity: Mass murder of hundreds of thousands of civilians in Greece, Albania, and Yugoslavia by having ordered hostage taking and reprisal killings.

 

War Crimes and Crimes Against Humanity: Plundering and wanton destruction of villages and towns in Greece, Albania, Yugoslavia, and Norway.

 

War Crimes and Crimes Against Humanity: Murder and ill-treatment of prisoners of war, and arbitrarily designating combatants as “partisans”, denying them the status of prisoners of war, as well as killing them after such a designation.

 

War Crimes and Crimes Against Humanity: Murder, torture, deportation of, and sending Greek, Albanian, and Yugoslav civilians to concentration camps.

 

07.) The IG Farben Trial (directors of IG Farben)

(IG Farben was a large German civilian industrial conglomerate of chemical firms)


War crimes and crimes against humanity: Through the plundering and spoliation of occupied territories, and the seizure of plants in Austria, Czechoslovakia, Poland, Norway, France, and Russia.

 

War crimes and crimes against humanity: Through participation in the enslavement and deportation to slave labor on a gigantic scale of concentration camp inmates and civilians in occupied countries, and of prisoners of war, and the mistreatment, terrorization, torture, and murder of enslaved persons.

 

08.) The Einsatzgruppen Trial (Officers of SS mobile Death Squads)

 

Crimes Against Humanity: Through persecutions on political, racial, and religious grounds, murder, extermination, imprisonment, and other inhumane acts committed against civilian populations, including German nationals and nationals of other countries, as part of an organized scheme of genocide.

 

War Crimes: For the same reasons, and for wanton destruction and devastation not justified by military necessity.

 

09.) The RuSHA Trial (Various SS officials of various political and administrative

                  departments)

(For implementation of the ‘pure race’ program [RuSHA])


Crimes Against Humanity: Implementing “racial purity” programs; kidnapping children; forcing ‘non-Aryan’ pregnant women to undergo abortions; plundering; deportation of populations from their native lands in occupied countries and resettling of so-called Volksdeutsche (‘ethnic Germans’) on such lands; sending people who had had ‘interracial’ sexual relationships to concentration camps; and general participation in the persecution of the Jews.

 

War Crimes: For the same reasons.

 

10.) The Krupp Trial (Directors of the Krupp Group)

                  (The Krupp Group was a collection of large German civilian industrial companies)


Crimes Against Humanity: Participating in the plundering, devastation, and exploitation of occupied countries; participating in the murder, extermination, enslavement, deportation, imprisonment, torture, and use for slave labor of civilians, German nationals, and prisoners of war who came under German control.

 

11.) The Ministries’ Trial (officials of various Reich ministries)

(Charged for their participation in or responsibility for atrocities committed both in Germany and in occupied countries during the war)


Crimes Against Peace: Planning and waging aggressive war against other nations and violating international treaties.


War Crimes: Being responsible for murder, ill-treatment and other crimes against prisoners of war and enemy belligerents.


Crimes Against Humanity: Committing atrocities and crimes against German nationals on the grounds of political, racial, or religious discrimination.


War crimes and crimes against humanity: Participating in or being responsible for atrocities and crimes committed against civilians in occupied countries; plundering and spoliation of occupied territories; participation in the enslavement, deportation for slave labor, and ill-treatment of civilians in both Germany and occupied countries, and of prisoners of war.

 

12.) The High Command Trial (Senior Flag Officers of the German High Command)

(Charged with having participated in or planned or facilitated the execution of the numerous atrocities committed in countries occupied by the German forces during the war)


Crimes Against Peace: Waging aggressive war against other nations and violating international treaties.

(The tribunal considered all of these accused to be not guilty of this charge, stating that they were not the policy-makers and that preparing for war and fighting a war on orders was not a criminal offense under the applicable international law of the time.)


War Crimes: Being responsible for murder, ill-treatment and other crimes against prisoners of war and enemy belligerents. Crimes Against Humanity: participating in or ordering the murder, torture, deportation, hostage-taking, etc. of civilians in occupied countries.

 

All of the judges for all twelve of these trials were American, as were all of the prosecutors. As a result of these trials, 142 out of 185 total defendants were found guilty of at least one charge. Out of the 142 guilty verdicts, those convicted received 24 death sentences, 20 life sentences, and 98 other prison sentences of varying lengths. In addition to the 35 of the accused who were acquitted, 4 were removed from the trials due to illnesses and 4 others committed suicide during the trials. All of these trials also included charges of conspiracy to commit the various crimes and to initiate and engage in wars of aggression but those charges were mostly dropped either because of poor wording in the orders which provided the legal justification the tribunals or because of beliefs among many of the judges that consideration of those charges was outside of their scope of authorization, or various other concerns. Any future war crimes trials would have to be aware of these difficulties so that they could adequately justify including conspiracy charges in those trials.

 

The United States has prosecuted our vanquished opponents in war for war crimes at least since the trial of Henry Wirz, Commandant of Camp Sumter, the Confederate prisoner of war camp at Andersonville. We also had a history going back just as long of denying full justice and fair trials to those we have accused while, at the same time, have not held our own accountable to the same standards of justice we have condemned others for. A large part of the problems at the Andersonville Prison, for example, occurred because the Union ended the policy it had with the Confederacy of exchanging prisoners in an effort to cause hardship for the Confederacy, which resulted in the massive overcrowding and food shortages at Camp Sumter (which, at its maximum occupation, held enough Union prisoners to make it the 5th largest city in The Confederacy).

 

In 1902, the Lodge Committee in the United States Senate was supposed to investigate allegations of American war crimes committed in The Philippines, which had been building until they eventually ignited when Brigadier General Jacob Smith remarked to a reporter from The Manila News that he “intended to set the entire island of Samar ablaze” and would probably wipe out most of the population of the island. At Nuremberg, Karl Dönitz Commander In Chief of the Kriegsmarine, was charged, tried and found guilty of violating the Second London Naval Treaty (1936) which prohibited unrestricted submarine warfare even though Admiral Chester A. Nimitz stated that The United States also conducted unrestricted submarine warfare in the Pacific Theatre from the first day we entered the war (Great Britain had also violated the treaty itself).

 

During the Vietnam War, The United States used Agent Orange and other defoliants in Operation Ranch Hand, even though the use of poison agents as weapons in war has been banned since World War I, and initiated The CIA’s Phoenix Program, which was designed to identify and ‘neutralize’ (via infiltration, capture, terrorism, or assassination) the civilian infrastructure supporting the National Liberation Front (NLF) of South Vietnam (or Viet Cong) insurgency. In addition, the files of The Vietnam War Crimes Working Group, a Pentagon task force created to detail endemic war crimes, compiled documentary evidence which confirmed 320 incidents committed by U.S. forces (NOT counting the massacre at My Lai), including seven massacres from 1967 through 1971 in which at least 137 civilians died; 78 other attacks on noncombatants in which at least 57 were killed, 56 wounded and 15 sexually assaulted; and 141 instances in which U.S. soldiers tortured prisoners of war or civilian detainees.

 

These examples show how The United States has not been consistent in its pursuit of international justice regarding war crimes investigations or trials, especially when such investigations or trials should focus ON Americans. However, WE established the precedents at Nuremberg that any and everyone within a nation is accountable to the world for their belligerent actions and intentions against other nations and that, once a nation has acted ON those intentions and engaged in such actions, they are also accountable to the world for their actions regarding how they treat their own nationals, citizens and those within their own borders during such international actions. The United States has also set its own precedents for the legality of removing persons who it considers to be criminals in violation of its own laws, most notably with our invasion of Panama and the forcible removal of Manuel Noriega from his own country to The United States to stand trial under our laws and then be imprisoned in our jail system. This case also demonstrates very nicely our own view that being a head of state is not a protection against international justice.

 

It seems to me that war itself is a crime not ONLY because of what one nation does to another nation and its people in the course of war but also because of what it inevitably causes any warring nation to do to its own people while it is in preparation for and engagement of such wars. This would seem to make the investigation and prosecution of war crimes to be a domestic civil necessity as well as an international criminal one. In 1945, in his opening statement before the IMF during the Nuremberg Trial of the major war criminals, Justice Robert Jackson, in his role as Chief Prosecutor said:

 

Any resort to war – to any kind of war – is a resort to means that are inherently criminal. War inevitably is a course of killings, assaults, deprivations of liberty, and destruction of property. An honest defensive war is, of course, legal and saves those lawfully conducting it from criminality. But, inherently criminal acts cannot be defended by showing that those who committed them were engaged in a war, when war itself is illegal. The very minimum legal consequences of the treaties making aggressive war illegal is to strip those who incite or wage them of every defense the law ever gave, and to leave war-makers subject to judgment by the usually accepted principles of the law of crimes.

 

The United States of America has not demonstrated itself to be deserving of the trust of its own citizens or of the world in examining our own for potential war crimes. Nor would it seem that we could be trusted conducting trials for such crimes internally. Since World War II, the prosecution of war crimes has become, of necessity, an increasingly international matter. The United States needs to cooperate with the international community to investigate and try such crimes. Part II of this article topic will cover the rise of and legal justification for international courts for conducting war crimes trials.

 

Rhys M. Blavier
Romayor, Texas

 

“Truth, Justice and Honor… but, above all Honor”

 

© copyright 2009 by Rhys M. Blavier

 

 

The accused and trial results of the Nuremberg Trial (IMT) of the major war criminals were:

 

Martin Bormann: Nazi Party Secretary

(Bureaucrat)

            Sentence: Death

 

Karl Dönitz: Commander-in-Chief of the Kreigsmarine / Hitler’s successor as President of Germany

            Sentence: 10 years

 

Hans Frick: German Law Leader and Governor-General of Poland.

            Sentence: Death

 

Wilhelm Frick: Minister of the Interior and Reich Protector of Bohemia-Moravia

(Authored the Nuremberg Race Laws)

            Sentence: Death

 

Hans Fritzsche: Radio Commentator and Head of Nazi Propaganda Ministry’s news divisions. (Tried in place of Joseph Goebbels who had committed suicide)

            Sentence: Acquitted

 

Walther Funk: Minister of Economics and head of the German Reichsbank.

            Sentence: Life

 

Hermann Goring: Reichsmarshall

(Second highest Nazi official after Hitler)

            Sentence: Death

 

Rudolf Hess: Hitler’s Deputy until 1941

(Flew to Scotland in 1941 to try to broker peace)

            Sentence: Life

 

Alfred Jodl: Wehrmacht Generaloberst

(Military leader)

            Sentence: Death

 

Ernst Kaltenbrunner: Chief of the central Nazi intelligence agency.

(Highest surviving SS official)

            Sentence: Death

 

Wilhelm Keitel: Head of the Wehrmacht command structure

(Military leader)

             Sentence: Death

 

Baron Konstantin von Neurath: Foreign Minister and Protector of Bohemia and Moravia (Resigned in 1943)

            Sentence: 15 years

 

Franz von Papen: German Chancellor, Vice-Chancellor under Hitler, Ambassador to Austria, and Ambassador to Turkey

(Politician and Diplomat)

            Sentence: Acquitted

 

Erich Raeder: Commander-in-Chief of the Kreigsmarine (before Karl Dönitz)

(Resigned in 1943)

            Sentence: Life

 

Joachim von Ribbentrop: Ambassador-Plenipotentiary and Minister of Foreign Affairs

(Politician and Diplomat)

            Sentence: Death

 

Alfred Rosenberg: Party Ideologist, later Minister of Eastern Occupied Territories

            Sentence: Death

 

Fritz Sauckel: Plenipotentiary of slave labor program

            Sentence: Death

 

Hjalmar Schacht: Banker and economist

(Admitted violating the Treaty of Versailles)

            Sentence: Acquitted

 

Baldur von Schirach: Head of the Hitler Youth and Gauleiter of Vienna

(Retired in 1943)

            Sentence: 20 years

 

Arthur Seyss-Inquart: Various political positions and instrumental in the Anschluss

(Political functionary and Diplomat)

            Sentence: Death

 

Albert Speer: Architect and friend of Hitler, later Minister of Armaments

            Sentence: 20 years

 

Julius Streicher: Gauleiter of Franconia, and the publisher of a weekly pro-Nazi newspaper

            Sentence: Death

 

 

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

Why I Am Pro-Choice… A Constitutional Literalism Opinion

In Children, Civil Liberties, Congress, Constitutional Rights, Courts and Justice System, Democracy, Drug War, Health, Law, Libertarian, Libertarian Politics, Personal Responsibility, Politics, Science, US Government on May 1, 2009 at 6:01 am

Amendment 9:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

My sister got pregnant when she was only 17 (and unmarried). She got married before the baby was born, but she always carried a chip on her shoulder about that. She is also a far-right, Ayn Rand style objectivist-conservative (but without the actual philosophy to understand what that means). I used to be content to merely say that I supported a woman’s right to make her own choices about her body, including a decision about whether or not to have an abortion. That, however, wasn’t good enough for my sister. She is strongly against a woman’s right to choose to have an abortion and, one day, forced the issue and made me think about what my true, bottom line, no holds bar reason for my pro-choice belief is. It comes down to this. I don’t care when a life starts. When a fetus is inside a woman’s womb it has no more rights than any other parasite does.

Now, I am sure that what I just said has REALLY upset at least half of the people reading this but I am willing to admit what most people won’t on this issue. It isn’t a matter of a fetus being capable of living on its own outside of a womb, or a fetus’ soul or anything else. It is, purely and simply, that a fetus meets the biological definition of a parasite and a parasite has no rights. All rights belong to the parasite’s host.

par•a•site (p r -s t )
n.
1. Biology— An organism that grows, feeds, and is sheltered on or in a different organism while contributing nothing to the survival of its host.

parasite (p r -s t )
An organism that lives on or in a different kind of organism (the host) from which it gets some or all of its nourishment. Parasites are generally harmful to their hosts, although the damage they do ranges widely from minor inconvenience to debilitating or fatal disease.
A parasite that lives or feeds on the outer surface of the host’s body, such as a louse, tick, or leech, is called an ectoparasite. Ectoparasites do not usually cause disease themselves although they are frequently a vector of disease, as in the case of ticks, which can transmit the organisms that cause such diseases as Rocky Mountain spotted fever and Lyme disease.
A parasite that lives inside the body of its host is called an endoparasite. Endoparasites include organisms such as tapeworms, hookworms, and trypanosomes that live within the host’s organs or tissues, as well as organisms such as sporozoans that invade the host’s cells. See more at host.

Now, I like babies as much as anyone, however, I was not allowed by my sister to have a belief that was not utterly devoid of emotion. As a result, I came to an emotionless conclusion on this issue. It simply doesn’t matter to me how far along a fetus is. Nor does any other factor external to a woman matter to me. As long as a fetus is inside its mother, as long as it draws its nourishment and life directly from her, it is not, in my opinion, a person. It might be a ‘life’ but many things are alive which are not granted the status of a person. Once a child is born, by whatever means, it is IMMEDIATELY a person will all individual rights, privileges and protections thereof, but until it is outside of its mother it has no rights.

Ok, I have heard some pro-lifers argue that if a fetus is NOT a person, then someone who injures or kills a mother has not committed murder by killing the fetus. This argument is also nonsense because only the mother has the right to determine if her fetus will be born or not. Anyone who might take that choice away from her has committed murder because of the simple fact that they, and not the mother, took away the mother’s right to have that baby, to give it life.

Now, I have seen people who want those of us who believe in a woman’s right to have complete control over her body try to get us to look at pictures of aborted fetuses in order to try to evoke an emotional reaction. Sorry, this isn’t about emotion, it is about The Constitution. So, you might ask, how does that apply to anything else a person, male or female, might want to do to their own body. I say that it isn’t my right or the government’s right to tell them what they can and cannot do to themselves. This does not apply to those who are not of a sufficient age or intelligence to make an informed consensual decision about themselves but, other than that, if a person wants to have sex with people(s) of their own gender or with prostitutes; if they want to take drugs; if they want to ride a motorcycle with a helmet; or they want to shoot themselves in the head or otherwise end their own lives; if they want to marry someone that they love, serve in the military or raise children, I believe that The Constitution says that they have the rights to do so.

The only valid purpose of law is to protect people from other people; not from themselves or to tell them how to live their lives.

I am a Constitutional literalist, an absolutist. I do not believe that rights are given by The Constitution, nor are they hidden and waiting to be discovered in The Constitution. I believe that The Constitution guarantees that we have ALL rights except those specifically denied to us… and the line is where we take away those rights from someone else. I believe in freedom, and I believe that we can only truly be free when we are willing to allow everyone else to be as free as we ourselves want to be. The only question I have for my readers is this… do you have enough faith in our nation and our Constitution to trust that, with equal freedom, everyone else is capable of determining the courses of their own lives? Do you have enough faith to let everyone else be free?

Rhys M. Blavier
Romayor, Texas

Truth, Justice and Honor… but, above all Honor

© copyright 2009 by Rhys M. Blavier

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

Starchild instrumental in putting prostitution decriminalization on the ballot

In Activism, Big Brother, Civil Liberties, Constitutional Rights, Courts and Justice System, Crime, Economics, Entertainment, First Amendment, Law, Law Enforcement, Libertarian, Libertarian Party-US, Local Politics, Nanny State, People in the news, Personal Responsibility, Police State, Politics on July 19, 2008 at 4:11 pm

Press release posted on the LP Radicals yahoo group. Starchild has had various offices in the San Francisco and California LP, and is one of the spokespeople for this initiative.

The San Francisco Department of Elections announced today that the measure prohibiting city officials from spending money arresting and prosecuting people for prostitution, and mandating equal legal protection for sex workers, has qualified for the November ballot. Of 500 signatures randomly sampled and checked by department personnel, 80 percent were found to be valid. “This is a happy day for San Franciscans who want government to focus on fighting real crimes like homicides and robberies, and are tired of seeing resources wasted in a futile effort to police consensual sex between adults,” said Starchild, a sex worker activist and spokesperson for the campaign. “We’ve cleared the first hurdle.” By the Elections Department’s tally, supporters had turned in 12,745 signatures of registered San Francisco voters on July 7.

The campaign to decriminalize prostitution will hold a kickoff rally and press conference to formally announce the results on Tuesday at 4:00 p.m. in front of the Polk Street entrance of City Hall, with
speakers to likely include Supervisor Jake McGoldrick, who was a signer of the petition to put the measure on the ballot along with two of his board colleagues. “It is way past time that the
recommendations of the Board of Supervisors 1996 Prostitution Task Force were implemented,” said the measure’s proponent, Maxine Doogan. “Criminalizing sex workers has been putting workers at risk of violence and discrimination for far too long.”

The prostitution reform measure joins two other voter-submitted measures on the local Nov. 4 ballot, along with eight measures put on the ballot by the mayor or members of the Board of Supervisors, with many others expected to be added in the next several weeks.

Starchild – (415) 621-7932 / (415) 368-8657 / RealReform@…
Maxine Doogan – (415) 265-3302 / MistressMax@…

Man who gave Christine Smith her “Outstanding American Award” arrested for fraud. Again.

In Christine Smith, Courts and Justice System, Crime, Fraud, Law, Libertarian, Libertarian Party-US, Politics, Presidential Candidates on June 28, 2008 at 4:27 pm

Last year, I warned that the “awards” touted on Christine Smith’s presidential campaign website were not authentic, and in fact were laughable given where she got them.  I also warned that her “Outstanding American Award” came from Alex Merklinger, a New Age charlatan previously incarcerated for a $39 million fraud scheme.

In that scheme, Merklinger falsely claimed to be a surety for private companies bidding on government projects.  When he was asked to pay claims under the surety contract and could not do so (since he wasn’t really a surety company, and allegedly had only had $13,000 in assets despite having taken $885,000 in surety fees), he filed bankruptcy, leaving the private companies holding the bag for millions.  He also was convicted of multiple counts related to that fraud, and sentenced to federal prison.

I also warned that additional fraud charges were pending against Merklinger, due to a con in which he convinced an older gentleman that he was an Investment Banker, then pocketed $125,000 of the man’s money.  Previously on El Paso County’s “Most Wanted” list, Merklinger was finally arrested on Wednesday, and charged with Securities Fraud in connection with the fraudulent Investment Banker scheme.

It is a very good thing that the delegates declined Christine’s candidacy, given how embarrassing this situation would be to the Libertarian Party.

Click here to read ENM’s previous article about Merklinger’s frauds on Adventures In Frickintardistan

US Supreme Court upholds right to possess and carry a gun

In Constitutional Rights, Courts and Justice System, Law, Libertarian, Second Amendment on June 26, 2008 at 8:13 pm

From ScotusBlog:

The opinion can be downloaded here. Relevant quotes from the majority opinion can be found here, and a replay of our LiveBlog can be found here. Tom’s commentary is here.

Answering a 217-year old constitutional question, the Supreme Court ruled on Thursday that the Second Amendment protects an individual right to have a gun, at least in one’s home. The Court, splitting 5-4, struck down a District of Columbia ban on handgun possession. Although times have changed since 1791, Justice Antonin Scalia said for the majority, “it is not the role of this Court to pronounce the Second Amendment extinct.”

Examining the words of the Amendment, the Court concluded “we find they guarantee the individual right to possess and carry weaons in case of confrontation” — in other words, for self-defense. “The inherent right of self-defense has been central to the Second Amendment right,” it added.

The individual right interpretation, the Court said, “is strongly confirmed by the historical background of the Second Amendment,” going back to 17th Century England, as well as by gun rights laws in the states before and immediately after the Amendment was put into the U.S. Constitution.

What Congress did in drafting the Amendment, the Court said, was “to codify a pre-existing right, rather than to fashion a new one.”

Justice Scalia’s opinion stressed that the Court was not casting doubt on long-standing bans on carrying a concealed gun or on gun possession by felons or the mentally retarded, on laws barring guns from schools or government buildings, and laws putting conditions on gun sales.

Read the rest of this article on ScotusBlog.

FLDS finally getting their children back today

In Big Brother, Children, Civil Liberties, Constitutional Rights, Corruption, Courts and Justice System, First Amendment, Human Rights Abuses, Law, Libertarian, Media, Minorities, Nanny State, People in the news, Police State on June 2, 2008 at 7:15 pm

Two months after their children were taken by state social service agencies, the parents of the Yearning For Zion polygamist sect have been granted permission by the court to pick up their children from foster care starting at 10:00 am CDT today.  This latest development comes after the Texas Supreme Court ruled on Friday that the state lacked probable cause to remove their children from their families, because they could not show that any of the children were in immediate danger.

The order does have some serious restrictions, however.  The families have been ordered to cooperate with state officials, including unannounced home visits and physical and psychiatric testing; they are also not permitted to leave the state of Texas, and the parents must take parenting classes.  The families are also not allowed to travel more than 100 miles without notifying Child Protective Services.

The return of the children is being hailed as a victory by civil libertarians, who viewed the raid as a violation of the sect’s constitutional rights.  However, many still question the restrictions placed upon the families by the court.

Yearning For Zion is a Fundamentalist Church of Jesus Christ of Latter Day Saints sect.  FLDS members believe in the original teachings of Mormon prophet Joseph Smith, who taught that polygamy is the way to glorification in heaven.  The mainstream Church of Jesus Christ of Latter Day Saints banned polygamy over a hundred years ago.

The state of Texas had taken over 400 children into custody, following a hoax call from a woman falsely claiming to be a pregnant FLDS teenager being beaten by her much older husband.  That woman, Rozita Swinson of Colorado, has been arrested; and it has come to light that this is not the first time she has perpetrated a hoax of this type.

It is expected that the YFZ families whose children were removed, as well as the young women who were taken against their will and assumed to be underage even though they are legal adults (at least one is in her mid-twenties), will sue the state of Texas and the state’s Child Protective Services agency.  If that occurs, due to the number of people involved, the damages could be in the billions.

Previous LFV entries on this subject (listed in chronological order):

“Sickos: What’s a free market solution?” by Nigel Watt, 4/22/08

“Another viewpoint on FLDS case” by ElfNinosMom, 4/22/08

“Texas Supreme Court orders polygamist children returned to parents” by ElfNinosMom, 05/29/08

Dirty cop convicted in no-knock warrant death of 92-year-old woman

In Constitutional Rights, Cops Gone Wild, Corruption, Courts and Justice System, Crime, Drug War, Human Rights Abuses, Law, Law Enforcement, Lies and the lying liars who tell them, Media, Obituaries, People in the news, Personal Responsibility, Police Brutality, Police State on May 21, 2008 at 4:37 pm

After two Atlanta cops (Gregg Junnier and Jason R. Smith) pled guilty to voluntary manslaughter and federal civil rights violations in the death of 92-year-old Kathryn Johnston, a third cop (Arthur Bruce Tesler) has been found guilty by a jury of lying in the investigation into the woman’s death. Tesler did not fire any of the shots in the raid.

Tesler and his partners Junnier and Smith had gotten a no-knock warrant, claiming that there was a kilo of cocaine in the house, but they lied about whether they had confirmed the information from their informant. Consequently they busted into the elderly woman’s home in plainclothes, shot and killed her when she shot at them – undoubtedly in self-defense, believing them to be intruders – then planted drugs in her house to make it look like a “good” bust.

From the Atlanta Journal-Constitution:

The jury acquitted Tesler on two charges from the illegal 2006 narcotics raid in which officers shot and killed Kathryn Johnston in her northwest Atlanta home. It found him guilty of lying in an official investigation in the cover-up of police wrongdoing that followed the shooting.

“It is not like anyone intended to hurt her, but that’s what came out of it,” Woltz said. “Right will win out.”

Tesler, 42, faces up to five years in prison when sentenced Thursday. If he had been convicted on all counts, he could have been sentenced to 20 years in prison.

The verdict came shortly after the jury reviewed a transcript of Tesler’s defense testimony. He and his two partners were accused of lying to get the no-knock search warrant for Johnston’s home on the mistaken belief it was the house of a drug dealer.

The Johnston killing shocked metro Atlanta and enraged many in the African-American community, who complained that shoddy or heavy-handed police work in the war on drugs was a source of repeated abuses.

You can read the article in its entirety on The Atlanta Journal-Constitution.

Court says FRNs discriminate against blind people

In Courts and Justice System, Economics, Law, Media, US Government on May 20, 2008 at 8:48 pm

From Yahoo News:

WASHINGTON – The U.S. discriminates against blind people by printing paper money that makes it impossible for them to distinguish among the bills’ varying values, a federal appeals court ruled Tuesday.

The ruling by the U.S. Court of Appeals for the District of Columbia Circuit upholds a decision by a lower court in 2006. It could force the Treasury Department to redesign its money. Suggested changes have ranged from making bills different sizes to printing them with raised markings.

The American Council for the Blind sued for such changes but the Treasury Department has been fighting the case for about six years.

“I don’t think we should have to rely on people to tell us what our money is,” said Mitch Pomerantz, the council’s president.

The U.S. acknowledges the design hinders blind people but it argued that blind people have adapted. Some relied on store clerks to help them, some used credit cards and others folded certain corners to help distinguish between bills.

The court ruled 2-1 that such adaptations were insufficient. The government might as well argue that, since handicapped people can crawl on all fours or ask for help from strangers, there’s no need to make buildings wheelchair accessible, the court said.

“Even the most searching tactile examination will reveal no difference between a $100 bill and a $1 bill. The Secretary has identified no reason that requires paper currency to be uniform to the touch,” Judge Judith W. Rogers wrote for the majority.

Courts can’t decide how to design the currency, since that’s up to the Treasury Department. But the ruling forces the department to address what the court called a discriminatory problem.

You can read the rest of this article here.

Jim Casarjian-Perry: Bob Barr hits home

In Congress, Law, Libertarian, Libertarian Party-US, Libertarian Politics, Politics, Social Security Administration, US Government on May 9, 2008 at 10:36 am

The following is posted with the permission of the author, Jim Casarjian-Perry. The original article can be viewed here.

Bob Barr hits home. Why would you do that to me Bob?

Before long, people are going to think I have a vendetta against Bob Barr. I don’t really have one against him, just his past votes. Like his support (and authorship!) of the Defense of Marriage Act. This lovely piece of federal law prevents the federal government and it’s related bureaucratic agencies from recognizing same-sex marriages. There is a problem here… it’s effects are being felt in MY MARRIAGE. One such instance occurred today.

I’ve dragged my feet about getting my driver’s license switched from NH to MA. I went to get this done today. You need to have four documents with you in order to transfer your license. 1) Birth Certificate, 2) Social Security card, 3) Proof of Massachusetts residency (like a lease), and 4) your old license of course. I have all these things with my pre-marital name on them except for my lease. Here is where the fun starts.

I took all these required documents AND my official state marriage certificate (which verifies my name change due to marriage) to the Registry of Motor Vehicles. They looked them over and said they couldn’t process my application. The reason? My Social Security Card does not reflect my name change. Okay, so off to the SS (heh) office.

The SS office requires your birth certificate, proof of name change and ID to change your name on your card. I had all of these documents. The clerk and I chatted for a few minutes, she congratulated me on getting married, she showed my pictures of her kids, etc as we waited for the system to process my request. No dice. The Social Security Administration informed me that due to the DOMA (which Bob Barr authored) I could not use my Massachusetts Marriage Certificate as proof of name change. Next steps still need to be determined as to how I am going to get my identification documents changed. But until then I ask, why would you do that to me Bob?

________________________

Jim Casarjian-Perry is a Town Meeting Representative serving Precinct 9 of Billerica, Massachusetts. He is a Libertarian Party member and a delegate to the Libertarian National Convention for Massachusetts. He enjoys cooking, reading, bicycling, backpacking, and good conversation. He and his partner live in Billerica, Massachusetts.

Many thanks to Jim for allowing us to reproduce his original work on Last Free Voice. 🙂

Becky Isais’ substantiation of Gravel compensation claims

In Courts and Justice System, Democrats, Law, Libertarian, Libertarian Convention, Libertarian Party-US, Media, Politics, Presidential Candidates on May 8, 2008 at 9:55 pm

Covered before on this blog, the Becky Isais claims for compensation from the Mike Gravel for President campaign appears to be more and more credible, though at first even I discounted them as possible dirty tricks from another campaign (after all, it certainly wouldn’t be the first time someone posted a negative comment on a blog about an opposing candidate, and as a result all hell broke loose).

After reading the many emails Becky sent to me, substantiating her claim, I can come to only one conclusion: she was indeed supposed to be paid for her work on the Gravel campaign, several people in the campaign knew it because it was discussed multiple times, and some of those emails were forwarded to Senator Gravel so there can be no doubt that he was aware of it as well. In fact, one of those emails states that the promise of “compensation” was made by Senator Gravel, in their presence.

The Gravel campaign, of course, previously released a statement saying that Becky was a volunteer, and therefore not entitled to any payment.

I leave it to each reader to reach their own conclusions about what happened, and why.

Don’t miss the special edition of LFV Live! at 6:00pm EST today. We will be talking live with Becky Isais, and she has some voicemails as well, proving her claim that she is supposed to be paid for her work on the campaign. Representatives of the Gravel campaign are, as I have previously informed the campaign by telephone earlier today, welcome to call in at (646) 478-4638, so they can give their side as well.

In the meantime, here are some of the emails she sent me, in chronological order. As you will see, these emails were exchanged with regard to this specific matter within the campaign; anything not directly related has either been redacted, or simply not included. I also have not included full email addresses, for the protection of the parties (from spam, if nothing else). However, it is important to note that these emails were being exchanged between official campaign email addresses.

*********************

Date: Tue, 11 Dec 2007 20:50:59 -0800
From: SStandley
To: cpetherick
Subject: URGENT!!
CC: beckynevada; senator.gravel

CHRIS,
Please see Becky’s email below and [redacted]

And, please get BEcky Paid-she is tireless committed and Mike made the promise face to face in front of me.

Thanks
Stacy

———- Forwarded message ———-
From: Becky Isais
Date: Dec 11, 2007 1:10 AM
Subject: ???
To: Stacy standley

Hey Stacy

[redacted]
Stacy I have to constantaly nag to get anything done with the camapaign.
Honestly I am done, I will do my best till you get back but after that it’s all you.
I haven’t even been paid for last month.
[redacted]
I am at my wits end Stacy for real.

*********************
From: Becky Isais
Sent: Friday, December 14, 2007 4:32 PM
To: April Shapley
Subject: RE: weekend of jan 12

I’m stepping down April.
[redacted]
I have to beg to be paid my tiny 500 a month & that isn’t cool.
I have been sacrificing with nothing in return except excuses.
[redacted] lives here in Vegas you should contact him to keep things going here.

*********************
Date: Thu, 20 Dec 2007 23:28:05 -0800
From: SStandley
To: cpetherick
Subject: Re: Becky from Nevada
CC: whitney; beckynevada

Chris,
Can you update me on the status of BEcky getting paid?
I have asked Rob to try and come up with an effective appeal to raise funds.
Have you heard back from him yet?

On Dec 20, 2007 8:06 AM, Becky Isais wrote:

Dear Chris,

I still haven’t been paid nor have I received a response to my begging to be paid. If you aren’t going to pay me at least have the couth to tell me so. I have sacrificed allot for the campaign. Please be professional with me & let me know if you don’t plan on paying me. I REALLY feel that I’ve been taken advantage of. It’s very sad to see how this campaign has been run.

*********************
Date: Sat, 22 Dec 2007 21:59:54 -0800
From: SStandley
To: beckynevada
Subject: Re: Becky from Nevada

Hi Becky,
You will get paid and you should cash the check-I am unpaid and that is my choice and my ability to contribute, but you, chris and several others came on board with a promise of compensation-so it will happen and you are entitled to it.

*********************
Date: Fri, 15 Feb 2008 09:29:55 -0800
From: SStandley
To: cpetherick; senator.gravel
Subject: Becky [redacted] for Mike, and are we getting closer to paying her?

Chris,
Becky sent me the following. [redacted]

And, really importantly, Becky is still hanging out there with NO funds. Everyone is promising to get her paid, but nada.

Can we get this done-please?

Thanks
Stacy

———- Forwarded message ———-
From: Becky Isais
Date: Thu, Feb 14, 2008 at 8:30 PM
Subject: RE: [redacted]
To: Stacy standley

Hey Stacy,
Am I going to get paid any time soon? We are really really in need of it.
Thanks, Becky

*********************
Date: Fri, 15 Feb 2008 11:47:57 -0800
From: SStandley
To: beckynevada
Subject: Chris is going to get $500 for you ASAP

HI Becky,
Chris and I have discussed getting you some funds.
He says he can send you $500 ASAP, which I said will help a lot.
Does he have your address?

*********************
Date: Fri, 15 Feb 2008 16:19:04 -0800
From: SStandley
To: cpetherick
Subject: Fwd: BEcky’s address

Chris,
Below is Becky Isais’ address to make it easy for you.

———- Forwarded message ———-
From: Becky Isais
Date: Feb 15, 2008 3:37 PM
Subject: RE: Chris is going to get $500 for you ASAP
To: Stacy standley

I’ve given it to him twice but just in case. [redacted].
Thanks Stacy.

Date: Fri, 15 Feb 2008 11:47:57 -0800
From: SStandley
To: beckynevada
Subject: Chris is going to get $500 for you ASAP

HI Becky,
Chris and I have discussed getting you some funds.
He says he can send you $500 ASAP, which I said will help a lot.
Does he have your address?

*********************
Date: Sat, 23 Feb 2008 07:49:09 -0800
From: SStandley
To: cpetherick
Subject: Becky has not received the check?

Hi Chris,
Becky still has not received the check you told me would go out over a week ago. What’s up?

And, as I am sure you see from emails, she is still hard at work keeping our name in front of the NV delegation, in fact today-SAT. she is at the dem convention where we are airing Mike’s video at noon.

Please confirm that the check has gone out.

*********************

Date: Wed, 27 Feb 2008 10:16:37 -0800
From: SStandley
To: beckynevada
Subject: Check and [redacted]

Hi Becky,
I confirmed that the check is in the mail-no fooling-wait til Thursday to see it I am told.

*********************
Date: Fri, 29 Feb 2008 11:16:33 -0800
From: SStandley
To: beckynevada
Subject: Re: Check and [redacted]

HI Becky,

I did call Chris, and he swears that the order for your check has been given to [redacted], which is Mike’s personal bank-so just hang a bit longer-I really don’t think their is a deception going on, just slow banking.

On Thu, Feb 28, 2008 at 6:31 PM, Becky Isais wrote:

Still no check Stacy.
If I’m not going to be paid just tell Chris to be straight up with me.
If I’m not going to be paid it would be better to just be honest instead of stringing me along…..for 3 months.

Date: Wed, 27 Feb 2008 10:16:37 -0800
From: SStandley
To: beckynevada
Subject: Check and [redacted]

Hi Becky,
I confirmed that the check is in the mail-no fooling-wait til Thursday to see it I am told.

*********************

Date: Tue, 4 Mar 2008 11:48:38 -0800
From: SStandley
To: cpetherick
Subject: Still NO Check for Becky

Chris,
I am embarrassed now. Becky has not received her check, and now I am looking the guy who makes promises and doesn’t keep them;
What is going on?

*********************

Date: Wed, 5 Mar 2008 09:22:48 -0800
From: SStandley
To: beckynevada
Subject: Re: [redacted] fundraising

Hi Becky,
My last email to Chris got Mike’s attention, he called me last night and explained the problem-simply there is no money in the bank.

When Chris said he authorized payment-he did, but the bank will only issue checks if there is sufficient funds-and there weren’t.

Mike, swears that you will be paid, he is doing paid speaking engagements and book signings to raise funds.

On Mon, Mar 3, 2008 at 7:41 PM, Becky Isais wrote:

I still don’t have the check.

Date: Mon, 3 Mar 2008 09:07:20 -0800
From: SStandley
To: beckynevada
Subject: [redacted] fundraising

PS. did you get your check?-

*********************
Date: Tue, 11 Mar 2008 10:23:25 -0700
From: SStandley
To: cpetherick; mgrant
Subject: Becky has reached the breaking point

Mike/Chris,
Please see the attached.

And, Please communicate with Becky and cc; me.

Becky Isais wrote:

From: Becky Isais
To: Stacy Standley
Subject:
Date: Tue, 11 Mar 2008 09:31:58 -0700

Hey Stacy,
I hate to bother you with this unpleasant news.
I need to be paid & I feel I have no other route to go but to file a small claims suit.
It’s nothing personal it’s just business.
My family is in a very bad situation & I have been more than patient.
The campaign should’ve NEVER asked me to work for them if they couldn’t pay me.
I don’t know what else to do, I’ve got to think of my family right now.
Very Sorry, Becky

*********************
Date: Tue, 11 Mar 2008 10:25:19 -0700
From: SStandley
To: beckynevada
Subject: Fwd: see what you can do about this.

Becky,
I sent this last week to Mike after he called me.
I really am at a loss as are you as to what more I can do.
I have forwarded your email of today to Mike and Chris.
I know you are hurting.
Stacy

———- Forwarded message ———-
From: Stacy standley
Date: Thu, Mar 6, 2008 at 10:35 AM
Subject: Good to catch up, and see what you can do about this.
To: mg

Mike,
I explained to Becky the funding situation and told her she was high on the list.

Here problem is, and I feel for her, Jose, her husband got laid off this week. So they are seriously in the dumps. If she can be a priority to get paid the $500 you will have really helped out someone who deserves it.

She is still on the front line with us here in Nevada.

*********************
Date: Wed, 12 Mar 2008 08:31:43 -0700
From: SStandley
To: beckynevada
Subject: Mike will call you today

BEcky,
I talked with Mike last night. I explained the situation you are in, and asked that he try and come up with a way of paying you. He understands, and is working on it. There is no money in the campaign, so that is not an option, but he is going to try another route and he said he would give you a call.

He does want to honor his commitment and to help you out.
So hang in there.

*********************

Date: Wed, 16 Apr 2008 08:49:50 -0700
From: SStandley
To: cpetherick; senator.gravel
Subject: Becky has contacted me, and still has not been paid-any update?

Mike/Chris,

Becky got in touch with me today. She has not received anything, though the promises kept coming.
What is the status of her getting paid? She was promised, and did perform. I have no knowledge of the current status of the campaign, so I cannot enlighten her at all.

*********************

Date: Mon, 21 Apr 2008 11:29:23 -0700
From: SStandley
To: beckynevada
Subject: getting paid

Becky,
Mike returned my call on Sat. He is still committed to paying you, but there is no money. The office is shut down, no paid staff, and the phones are shut off due to non-payment. So he isn’t BSing when he says there is no money.

But, he remains optimistic that he is going to get federal funds and then he will get people caught up. Just so you don’t think you are the only one hanging, Mindi paid her own way to WDC and her hotel room to give a speech for Mike-she is owed alot for that and she is out of pocket.

All I can say is be patient, which is not easy when you need money, I know. I will stay on top of the campaign to ensure you get paid when the funds come in.

*********************

Date: Thu, 1 May 2008 18:17:38 -0700
From: SStandley
To: beckynevada
Subject: follow up to try and get you paid

Becky,
I am trying to get you paid, Mike has his priorities, and obviously staying on the campaign trail is his. Though this is not necessarily what you think he should focus on with limited resources.

What is the amount that you figure you are owed? I will try another tact at getting you paid and see what I can do.

Police brutality in Philadelphia last night caught on tape

In Civil Liberties, Constitutional Rights, Cops Gone Wild, Corruption, Courts and Justice System, Crime, Human Rights Abuses, Law, Law Enforcement, Media, Minorities, People in the news, Police Brutality, Police State on May 7, 2008 at 5:03 pm

Bob Barr’s “emotional distress”

In Congress, Constitutional Rights, Courts and Justice System, Crazy Claims, Democrats, First Amendment, Law, Libertarian, Libertarian Party-US, Libertarian Politics, Libertarian Politics 2008, Lies and the lying liars who tell them, Media, People in the news, Personal Responsibility, Politics, Presidential Candidates, Republican, US Government on May 7, 2008 at 1:43 am

In 2002, Salon published an article detailing how Bob Barr filed a $30 million lawsuit against Bill Clinton,Bob Barr Larry Flynt, and James Carville, claiming “emotional distress”, on the same day he was championing a bill that would cap damage awards for pain and suffering (for everybody else, naturally) at $250,000.

As I’m sure you’ve already figured out, he didn’t win; the lawsuit was dismissed on the basis that he failed to state a claim upon which relief could be granted; he appealed the dismissal, and lost again. The dismissal on appeal was even more embarrassing, since the court determined that he never even claimed the disparaging information to be false, or stated with reckless disregard for the truth, or with knowing disregard for its falsity.

Think about this for a minute. He was suing a man he had impeached and two alleged (but extremely unlikely) conspirators, unsuccessfully mind you, for causing him emotional distress; yet he still never once claimed that the dirt they dug up on him (and which Flynt eventually published) was even false.

I don’t know about you, but I find even the idea of that lawsuit incredibly amusing. Can you say “frivolous”? Or maybe the word I’m looking for is “paranoid”. Either way, the word “disturbing” also comes to mind, given that an appellate court ruled that he had sued three people for $30 million, when all they had really done was exercise their First Amendment right to free speech.

By the way ….. it’s only 17 days until the convention, and Bob Barr still has not announced his intentions, and still is hiding behind his Exploratory Committee rather than subjecting himself to voter questions and scrutiny like the other candidates have already done. Gee, I wonder why. LOL

Here’s an excerpt from the Salon article:

Jun 14, 2002 | When the news finally broke — because porn magnate Larry Flynt sent out his own press release — that Rep. Bob Barr, R-Ga., had filed a lawsuit in March against Bill Clinton, pundit James Carville and Flynt for $30 million, claiming “loss of reputation and emotional distress,” the timing couldn’t have been much more awkward for Barr. That very day, he was championing a bill that would cap damage awards for “pain and suffering” at $250,000.

This week, at a hearing of the House Judiciary Commercial and Administrative Law Subcommittee, which he chairs, Barr heaped praise on a bill that would limit so-called non-economic medical damages to $250,000, saying “a national liability insurance crisis is ravaging the nation’s healthcare system.”

So how can someone who wants to limit awards for pain and suffering sue the former president and others for a whopping $30 million in emotional distress?

The depths of the former House impeachment manager’s disdain for the former president should not be underestimated. Of all the House managers, Barr was perhaps the most gung-ho in his desire to get Clinton. Back in November 1997, before the world had ever heard of Monica Lewinsky, Barr tried to bring impeachment charges against Clinton, alleging violations of campaign finance laws.

Now, Barr has quietly filed a suit against Clinton, Carville and Flynt for “participating in a common scheme and unlawful on-going conspiracy to attempt to intimidate, impede and/or retaliate against [Barr]” for his role as an impeachment manager in 1999.

Behold: Bob Barr’s vast left-wing conspiracy.

The suit comes, however, as Barr has other things to worry about. Redistricting has placed him in a tough primary fight against Rep. John Linder, R-Ga. When asked on Thursday about Barr’s suit, Linder spokesman Bo Harmon offered a jab veiled in a no-comment. “A sitting congressman suing a former president for $30 million raises all sorts of serious questions,” Harmon said. “Until we know more about Congressman Barr’s state of mind on this, we’re going to refrain from commenting.”

Barr’s case is yet another bizarre coda to the impeachment saga. Among the documents submitted in the suit, filed in U.S. District Court in Washington, was a section of The Flynt Report, the 1999 document by the Hustler publisher that shone a spotlight on the private lives of the House impeachment managers and other moralizing Republicans. The report calls Barr “a twice-divorced family values cheerleader … who condoned an abortion, committed adultery and failed to tell the truth under oath” in a 1986 deposition.

Flynt’s report was one of the blows struck in a tit-for-tat mud-wrestling match between investigators in the Office of the Independent Counsel and their congressional allies and Democratic attack dogs during the halcyon days of the Monica Lewinsky scandal. Democrats pointed to stories like the ones contained in the report and to Henry Hyde’s extramarital affair to label Republican impeachment managers as hypocrites.

Barr has long talked of a conspiracy behind the attacks on him. At the time the Flynt Report was published, CNN’s Wolf Blitzer asked Barr if the White House was behind the smear campaign. “Most people can’t even deny that with a straight face,” Barr told Blitzer.

The suit is not the first time Barr has tried to sue Clinton outside the confines of Congress. The new civil suit is a reprise of a criminal case Barr brought in 1999 against the Executive Office of the President and the Justice Department, claiming the White House was keeping a dossier on Barr and that the congressman “was subject to attacks and threats of attack by persons in the media, including Larry Flynt, James Carville, [investigative journalist] Dan Moldea and others.”

The new complaint charges that the White House kept “files on [Barr] and routinely disseminated the contents of those files to defendants Carville and Flynt and others, including members of the media, in an effort to intimidate and impede” Barr’s investigation of Clinton. The suit also alleges that the White House kept an enemies list that included all 13 House impeachment managers; Rep. Dan Burton, R-Ind.; Sen. Tim Hutchinson, R-Ark.; Newsweek reporter Michael Isikoff; and Judicial Watch’s Larry Klayman, who is serving as Barr’s attorney in the case.

The suit, however, includes no evidence of such collusion.

Read the rest of this article here.

LP/Green ballot access lawsuit in NC goes to trial

In Activism, Big Brother, Courts and Justice System, Democrats, Green Party, Law, Libertarian, Libertarian Party-US, Local Politics, Media, Politics, Republican on May 6, 2008 at 3:25 am
By JOEDY McCREARY
Associated Press Writer
Monday, May. 5, 2008 6:44 pm

RALEIGH (AP)- A Libertarian candidate for governor testified Monday that state law makes it “effectively impossible” to conduct a grassroots campaign in North Carolina.

Mike Munger, a Duke University professor, testified during a civil trial that could determine whether state laws are too stringent and unfairly limit the ability of third parties to get on the ballot.

The Libertarian and Green parties filed a lawsuit that claims state laws that define a political party are onerous and violate party members’ rights to free speech and association. The law also affects how party candidates can be included on ballots.

State attorneys defend the law, saying legislators approved rules that maintain the integrity of elections by requiring a political party to demonstrate it has adequate support from voters.

Under the law, a party must collect nearly 70,000 voter signatures to receive official party status. Party leaders said that’s one of the highest thresholds in the country. If the party’s candidate doesn’t get 2 percent of the vote for president or governor, the party must start over. The requirement had been 10 percent until the rules were changed in 2006.

The Libertarian Party has surpassed the signature requirement for all but one presidential election since 1976, state attorneys argued in court filings. The Green Party has never met the petition standard.

Special Deputy Attorney General Karen Long cross-examined Munger, who acknowledged only four Libertarian candidates have been chosen for the state House, which has 120 seats, and three Libertarians ran for Senate, which has 50 seats, for this year’s election. The party would be able to offer more candidates if it qualifies for the ballot by this year’s petition deadline.

Munger also admitted that since 1992, Libertarian candidates had enough signatures to get on the ballot but did not win any state elections. A party spokesman said later Monday the party has won nonpartisan elections.

But the lawsuit, filed in September 2005, said the Libertarian Party has paid more than $100,000 to hire solicitors to collect signatures along with volunteers for a successful petition. The process and money drain favors the state Republican and Democratic parties.

The signature deadline for this year’s general election is June 2.

Cirino “Reno” Gonzalez faces retrial on both acquitted counts

In Activism, Courts and Justice System, Crime, Law, Law Enforcement, People in the news, Politics, Shine on you crazy diamond, Taxation, US Government on April 22, 2008 at 11:57 pm

From Bombs, Taxes, and Red Crayons:

Earlier this month, the jury in New Hampshire found Reno guilty on two counts, but could not reach an agreement on two other counts, resulting in a mistrial on those two undecided charges.

The government will retry those two unresolved counts on June 23, 2008, according to a recent filing in the Bob Wollfe’s docket.  The prosecutors have asked the judge to delay Wolffe’s sentencing until Reno’s trial is over, because Wolffe is expected to testify against Reno as a condition of his plea agreement.

In case anyone has forgotten, Reno provided security for Ed and Elaine Brown during their standoff against the US Marshals.  He was found guilty of two counts, and his two co-defendants were found guilty on all counts.  To catch up on the case, merely search for “Reno” on this blog.

Another viewpoint on FLDS case

In Activism, Big Brother, Children, Constitutional Rights, Courts and Justice System, Crime, First Amendment, Fraud, Human Rights Abuses, Law, Law Enforcement, Lies and the lying liars who tell them, Media, Nanny State, People in the news, Police State on April 22, 2008 at 7:04 pm

Polygamists outside courtThe judge hearing the case of 400+ children removed from the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), Judge Barbara Walther, has ordered DNA tests of the children from the Yearning For Zion (YFZ) compound. The tests began yesterday via cheek swab, and it is taking an extraordinarily long time to do each one (about 30 minutes) due to the convoluted relationships between the adherents, which brings with it fear of contamination of the samples. Many polygamist children living in a sect of this type have no idea which woman is their biological mother, or which man is their biological father. Prosecutors have also requested psychiatric examinations of the children, while the attorneys for the children objected vehemently to both.

In polygamist relationships, the women assigned to a particular man refer to one another as “sister wives”, and they are all viewed as mothers to all of their husband’s children. There is a pecking order among the wives, though, with each subsequent wife bearing less power within the overall relationship. Furthermore, women and children can be taken from the fathers, and “reassigned” to another man. For this reason, it is not at all unusual for a child to not know the identity of their biological parents.

However, there is reason to fear that the DNA tests will be used for other purposes. For example, if it is proven that a child was born to an underage mother, or that the mother and father are closely related, criminal charges could ensue, and the state will already have proof of the illegal relationship. More chillingly, under the guise of scientific knowledge, the test results could be used for other purposes, since in established polygamist sects everyone is related by blood to everyone else, and incest is common. Frankly, I fear that these children will become guinea pigs.

The judge stated the reason for the testing is that the mothers have regularly changed their names, possibly lied about their ages, and have difficulty naming their relatives.

In the meantime, the children are being held as a group, inside a coliseum.

In an interview with CBS’s “The Early Show” one of the men from the polygamist sect, known only as “Rulan”, stated that the men would cooperate with DNA testing if it will help them get their children back. He also stated that the sect would reconsider allowing sex with girls under 18.

Many of us perhaps were not even aware of such a law. And we do reconsider, yes. We teach our children to abide the law.

Prosecutors claim that simply living in the compound exposes the girls to sexual abuse, or the imminent risk of abuse, due to the practice of forcing girls as young as 13 to marry men sometimes old enough to be their grandfathers or great-grandfathers. There is a pecking order among the men, just as there is among the women, and even elderly men can request that a young girl be “assigned” to them as an additional wife. The purpose of this, insofar as their religious belief, is so that the man can produce as many “superior souls” as possible. Once that man dies – or if he no longer wants the wife, or if a man higher in the patriarchy decides he wants that man’s wife – his wives and children are assigned to other men; the women have no say with regard to which man they are assigned as a wife.

Once the DNA sampling is completed, which is expected to take several days, the children will be placed in foster care, and the children younger than four – who up to this point have stayed with their mothers – will be taken away as well.

Psychologists, however, warn that placing the children in conventional foster homes can cause severe psychological damage due to overexposure; these children have lived in such a strict community that even being allowed to play with mainstream children could cause serious problems. State workers have said that they will try to keep siblings together, and keep the children in groups. For the sake of the children, they will also need to create an environment with little to no contact with the outside world, which means no television, computers, or other media. It is unclear how the children will be educated, given that sending them to public school could prove to cause lifelong emotional and psychological scars.

Furthermore, another barrier stands in the way, which is that FLDS children have been taught from the earliest age that even mere disobedience to one’s parents leads to eternal damnation, and that the world outside the compound is evil. Obviously, these children are suffering both emotionally and psychologically, not just from being separated from their parents and community, but because they fear damnation for merely being taken by the state into the outside world.

I know some foster families, but I cannot imagine changing their entire household to accommodate restrictions that severe. I fear most foster parents will not even try, thinking it is best for the children to be exposed to the outside world. I therefore fear for those children, because I honestly think the psychologists’ warnings are to be taken seriously. We’re living in the 21st Century, while those children for all intents and purposes have never known anything beyond the 19th Century, since most have never even been off the compound before now. Experiencing a typical home today would be something akin to a time machine for them, and could even alter the religious beliefs they have been taught. The state, however, has absolutely no right whatsoever to expose those children to anything which might alter the beliefs their parents hold as truth; and to do otherwise is a violation of the First Amendment.

This is a very serious problem in this situation, and personally, I think this is such an extreme case – since the state has essentially denied their religious rights as well as the right to be secure in their homes – that the Supreme Court needs to step in and make sure the constitutional rights of the children and their parents are protected, before irreparable damage is done. It may already be too late.

Rozita SwinsonIn the meantime, police have identified a 33-year-old Colorado Springs woman, Rozita Swinton, as a “person of interest” and the possible source of the phone calls which caused this situation. Swinton is currently in police custody, charged with false reporting to authorities in another, unrelated case. There has been no explanation regarding why she would make phone calls of that nature regarding this particular religious sect, as it appears that she has no ties to the group.

We should all watch this case very, very closely. What the state is doing in the YFZ case could happen to any of us, based upon a hoax call. Child Protective Services nationwide is renowned for removing children from homes on the flimsiest of evidence, while leaving children actually at risk (and sometimes obviously being abused) in the home with their abusers. The truth of the matter is that religions such as the Primitive Baptists are equally strict with their children, and the women are completely subservient to their husbands (in fact, Primitive Baptist women look very much like the FLDS women), both of which could also be misinterpreted as abuse by overzealous social workers. One attorney stated that none of the parents had ever even received a copy of the original petition for removal of the children, yet were expected to appear in court 14 days later in order to present their case to have their children returned; one mother said that removing the children from their home and community was the worst abuse the children had ever experienced, and she may very well be correct.

On the other hand, you have the question of indoctrination into a patriarchal society, where young girls are taught from a very early age to be completely subservient to men. They are then married off as young as 13 years old, with no choice in who they marry and possibly even without warning. Many boys are driven off the compound at a very young age, to eliminate competition for the young girls’ affection. It is a strange society by our standards, to be sure, and we as a society do have a responsibility to help those children.

The question is, how do we help them, while ensuring the protection of their constitutional rights, as well as the constitutional rights of the parents? Is government intervention the best decision? I’m not altogether sure that it is, unless abuse can be proven. However, abuse is defined based upon the norms of society – for example, spanking is legally defined as abuse in some countries, but here parents can spank their children and a spanking in and of itself is not considered abusive – and it is indisputable that such sects have their own society, quite apart from our own; what is defined as abuse in our society is obviously not viewed as abuse in theirs, and is instead the norm. We are also not on a moral high ground with regard to pregnant teenagers, since we see that all the time in our own society, and many teen mothers in our society were impregnated at an even younger age.

This is an extremely complex question, with no easy answers to be found. However, one thing is clear, and that is that the FLDS sects have the same constitutional rights as you or I, and those rights must be protected above anything else. At this point, I do not believe the state had any cause whatsoever to remove the young children, and I fear that doing so has violated their constitutional rights, as well as the constitutional rights of the parents. If the state’s concern is sexual abuse of teen girls as stated, they may have probable cause to remove the teens for their own protection, but not to remove the younger children. I have seen and heard nothing which would suggest that children under the age of ten are in imminent danger of abuse, except the state’s assertion that, according to their religion, they may be “spiritually married” at any age. I therefore suspect the state is trying to enforce its own standards and morality upon a religion which has existed and been practiced the same way for hundreds of years.

My biggest concern is that this is nothing more or less than religious persecution. Religious persecution absolutely cannot be tolerated in our country, so there needs to be oversight at the federal level, to ensure the rights of all the sect members are protected.

Government Gone Wild: Extortion Edition

In Activism, Civil Liberties, Communism, Constitutional Rights, Courts and Justice System, Drug War, Fraud, Law, Law Enforcement, Libertarian, Libertarian Party-US, Local Politics, Police State, Politics, Socialism, Taxation on April 20, 2008 at 5:16 pm

By now we are all aware that the government can seize your car, your house, your money, etc if they believe the items were purchased with the proceeds of drug transactions. However, the practice of seizing property is actually far more common than that, and far, far more sinister.

Are you aware that the government can steal your house, even if you don’t owe a dime on it, and sell it for as little as one year of back taxes? On top of that they pile on additional extortion fees, and you’ll end up either paying the taxes and fees, or being homeless. They’ll sell it for a small percentage of what the property is worth, and there are predators who actually make a living by buying houses this way, only to resell them.

Are you aware that if you are caught driving a motor vehicle with an expired registration, the government can steal it and place it in an impound, where you will be forced to also pay a high towing fee plus a shocking amount for it to just sit there (usually between $25 and $50 per day) until you pay their extortion fee? Are you aware that if you don’t pay that extortion fee (which at that point includes the fee to the towing company for towing and storage, plus the registration, plus the taxes, plus whatever ticket you got for not having an up-to-date registration) within a short period of time, sometimes as little as 30 days, they will sell your vehicle and you will no longer have any rights to it?

There are predators who actually make a living buying cars that way for resell, too, not to mention the predatory towing companies in cahoots with the government, who make all that extra money for doing nothing (in some places, the government has its own impound lot, but in most, the impound is merely the towing company’s premises).

So, what gives the government the right to take something which doesn’t belong to them, and the right to sell it and give you back nothing no matter how much it was worth, even if you owned the property free and clear?

Only the laws the government has written for its own benefit give them that right, of course. Nothing else gives them that right. There certainly is no constitutional right for the government to steal your property, nor is there a natural right for the government to do such a heinous thing. Extortion, especially on that level, is illegal for everyone except the government.

You are actually far more likely to fall prey to this government extortion scheme if you don’t owe money on your property. Of course, the government knows whether you own it free and clear or not, since they have specifically written laws stating that any lien interest must be filed with them.

Those who fall prey to these schemes are not just those who protest taxes. Instead, most victims are simply good people who fell upon hard times, and many times those hard times are directly caused by government extortion which snowballs.

Let’s say you inherited a home from your parents, and you have a car which you worked and paid for yourself. The home is bought and paid for as well, so you own both your car and your house free and clear. Then let’s say that you work too far away to get there any way except by automobile. You didn’t get your registration paperwork in the mail (not at all unusual in my experience), so you simply forgot it was due. You get stopped by the police because your registration is expired, and they ticket you and impound your vehicle.

At that point, you don’t have the money to get the vehicle out – it will cost you the towing fee, plus daily storage fees, plus personal property taxes, plus registration – and you can’t even make that kind of money because you have lost your job for missing work. You also can’t pay the fine you were levied because you didn’t have an updated registration, so your license is suspended until you pay that, plus about $50 to the DMV to reinstate your license (which in reality requires only a mouse click on a computer).

The only job you can get to feed yourself and your family, and be able to get there and back since you no longer have a car or a license, pays minimum wage. There is no way you will be able to afford to get your vehicle back. So you tell yourself, “that’s okay, I’ve been in hard times before. I’ll eventually I’ll get back on my feet again, and pay the fine and get another car. We’ll scrape by.” In the meantime, the government sells your car right out from under you.

A friend has an old moped they no longer use, and they let you use it so you can get back and forth to a little bit better job. There is no license plate or anything on it, so you assume you don’t have to have that. It’s slower than a bicycle, after all. You are pulled over by the cops, and hit with multiple tickets. You are ticketed for not wearing a helmet, for not having a license plate on it, for not having insurance on it, for not registering it and paying taxes on it …. the list goes on. You are fined hundreds of dollars, even though the vehicle isn’t even yours, and they impound the moped, too. To make sure it gets back the maximum return, the towing company actually sends a tow truck to transport a moped. You also go to jail for driving on a suspended license, even though no one with more than one brain cell would assume you need a drivers’ license to drive a moped, given that they are not supposed to be ridden on main roads because they are so slow.

Once you pay your bail with the little bit of money you’ve saved up to try to get back on your feet, you’re back to zero again. Chances are you’ve lost your latest job because you missed a shift and didn’t call in (since you are in jail, after all).

You get a notice for property taxes, but you can’t pay it so you figure you’ll pay them when you pay everyone else. The government can’t take your house, you think, because it’s paid for and you own it free and clear.

You get another crappy job, and start riding a bicycle to and from work. You are stopped for not having a license on your bicycle, and for not wearing a helmet. More fines ensue, and they impound your bicycle.

You start walking back and forth to work, taking the only job you can find within walking distance, and everything seems okay until a cop shows up giving you legal documents saying your home has been sold for back taxes, and you have only a short period of time (usually 30 or 60 days) to “redeem” what is yours. What’s worse, it has been sold to a stranger for only the amount of the taxes.

Where do you get the money to buy your house back from the extortion agents? At that point your credit is destroyed, so you can’t borrow it.

In many cases, you don’t get the money. The government sells your house and you end up on the streets, with no choice but to depend upon the government to feed and shelter your children, since you lost the good job when your car was impounded, lost another job when the moped was seized and sold and you were arrested, lost your bicycle because it didn’t have tags on it, and eventually ended up having to take whatever crap job you can find where you can walk to and from work. By this time you owe the government thousands in fines, you’re working and supporting a family on minimum wage, and now – as if all that isn’t bad enough – you’re homeless.

The government wants it that way. The more people depend upon it for basic necessities, the more power it has over all of us. It is nothing but communism in action: the people own nothing, because the state has the power to take anything it wants without compensation.

There are many people, every single day, who have encountered these problems, thanks to the many government extortion programs. In fact, I know people who have had these specific problems, so I know for a fact that it can happen, and that it does happen all the time. The mainstream media doesn’t cover it, because to get many stories they must have the cooperation of the politicians who enacted and support these extortion programs. However, whether we see it on the news or not, it is so common that the only thing I find surprising about it, to be quite honest, is that to my knowledge no one has yet snapped and killed someone for stealing their home. You will notice that I said “yet”. It will eventually happen, of that I have no doubt. When it does, I certainly hope libertarians will stand up loud and clear in their defense. I know I will.

As libertarians, we spend a lot of time complaining about federal income taxes. That’s all well and good, but what we should be doing as well is working to stop this kind of rampant government extortion on the state, county, and local level, which destroys the lives of hardworking American families every single day.

If they want to charge taxes, fine; if the taxes get too high, eventually no one will live there, and they will have slit their own throats. However, we should never allow the government to steal property due to nonpayment of taxes, especially when those taxes are levied simply by virtue of owning the property in question. Extortion by force is always wrong, no matter who is doing it, and it must be stopped.

Jury finishes deliberating in Brown supporter case

In Courts and Justice System, Crime, Law, Taxation on April 11, 2008 at 2:00 am

According to Bombs, Taxes, and Red Crayons, it’s been quite a day at the trial of the Brown supporters, but the jury has finally delivered its final verdict.

Earlier in the day, there was an outburst in the courtroom.

Gonzalez’s outburst

Lawyers for Gonzalez and the government met in a room adjoining the courtroom for more than half an hour following the reading of the verdicts. After their conference, they met with Singal in his chambers. The judge later instructed the jury to keep deliberating.

Just before the jury left the room, Gonzalez yelled a message to them.

“Jury nullification is your right,” he said. A second statement was difficult to hear.

Singal called the parties back into his chambers after the outburst.

There was another outburst when a supporter, Joe Haas, yelled “point of order”, and the judge had him removed from the courtroom.  According to the Concord Monitor, Chief Deputy Marshal Gary Dimartino said later that Haas was merely escorted from the building, and he was not arrested.

The jury later returned with guilty verdicts against Cirino “Reno” Gonzalez on the aiding and abetting and conspiracy charges, but they were unable to reach a verdict on the other charges.

It is unknown whether the government will retry Reno Gonzalez on the charges not resolved.

Brown supporters’ trial ended today

In Courts and Justice System, Crime, Law, People in the news, Second Amendment, Taxation, US Government on April 5, 2008 at 11:46 pm

Bombs, Taxes and Red Crayons has covered today’s cross-examination of Reno Gonzalez, as well as the closing statements in the trial of the Brown supporters.

Here are some excerpts:

When Reno first heard about the Ed Brown standoff, he says he didn’t know it was about tax issues.  All he knew is that Ed had holed himself up his home.  Reno had been “researching” the incidents at Ruby Ridge and Waco at the time.

Reno:  I didn’t think [the standoff] would last too long.  They would just go in and kill them.

Reno (later): The US Marshals don’t ask questions … I thought this would be another Ruby Ridge.

According to Reno, all three defendants were there to take advantage of Ed’s press.  Jason went to the Browns “because there was a cruise missile that hit the Pentagon” and “he was there to defend the Browns … the only thing else he did was drink beer.”  Riley was there “because he took a military oath” to defend the Constitution and his research had told him that the income tax laws were unlawful.

Prosecutor:  Don’t you care about Ed and Elaine Brown?

Reno:  Ed Brown is kind of a jerk… I’m a realist, not a hero.

Prosecutor:  Did you tell Jason to arm himself?

Reno:  No, I wouldn’t tell a pacifist to buy a gun.

Prosecutor:  Jason Gerhard is a pacifist?

Reno: Jason Gerhard is a good man.

When Ed brought him a sample zip gun and asked if he could make more, Reno said that he was “for firearms, but against mines.  The spring gun had the capability of being used as a mine.”

The most amusing part of today’s blog:

He [the prosecutor] described Jason as someone who was spoiling for a fight and who was very … interested … in his gun.

From an email Jason sent:

I choose to enjoy porn while fondling my gun at Ed Brown’s house.  Try it one day.  It’s the best of all possible worlds.

Is “my gun” what he calls Little Jason, or is he literally fondling a gun while watching porn?  Forget I asked that, I really don’t want to know.  LOL

Jason Gerhard and Danny Riley are not going to testify in their own defense.  Except for the jury’s instructions and deliberations, which will start Monday morning, the trial is over.

What I find sad is that the Brown supporters, and even Ed and Elaine themselves, have abandoned these men when they most need the support.  Their defense witnesses either took the Fifth or else failed to materialize.  Even Elaine took the Fifth, rather than testify on behalf of the men who gave up their own lives to protect hers.  None of the Brown supporters even attended the trial as a spectator, according to JJ; the only spectators were Jason’s mother and (usually) Danny’s brother.

I can’t help but wonder …. had these three men realized that Ed and Elaine would leave them hanging like this,  would they have still made the decision to become involved?

Bush sings “Sunday Bloody Sunday”

In Activism, Big Brother, Courts and Justice System, Crime, George Bush, Law, Politics, Presidential Candidates, Protest, War on April 5, 2008 at 9:00 pm