Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Sunday, July 21, 2013

GMO Lawsuit Settles For $750M

ST. LOUIS • Bayer CropScience agreed here late Friday to pay up to $750 million to farmers in Missouri and four other states to settle lawsuits over contamination of the U.S. rice supply by LibertyLink genetically modified rice in 2006.

"It was a devastating blow to a lot of rice farmers, and I'm tickled to death that we've finally reached a settlement where Bayer for the first time has offered to make it right to these farmers," said St. Louis lawyer Don Downing, who was co-lead counsel for the plaintiffs.
"I think it sends a signal to those who develop genetically modified seeds that they need to keep those seeds very carefully contained until they're approved for human consumption," Downing said.

But, he added, "We were very careful all along … not to say that these lawsuits are anti-GMO (genetically-modified organisms) because many of our farmers use GM crops."

Bayer, based in Germany, released a statement that read, in part, "Although Bayer CropScience believes it acted responsibly in the handling of its biotech rice, the company considers it important to resolve the litigation so that it can move forward focused on its fundamental mission of providing innovative solutions to modern agriculture."
When it was discovered in the rice supply, LibertyLink had not yet been approved for sale for human consumption. Rice futures plunged, and Japan and European countries banned the import of U.S. rice.

The first of what would eventually grow to more than 400 lawsuits representing 11,000 plaintiffs were filed within weeks. Many were eventually consolidated in federal court here.

LibertyLink rice has since been approved but has not been commercially marketed.
LibertyLink corn, soybeans and canola are on the market, Bayer spokesman Greg Coffey said.
All farmers in Missouri, Arkansas, Texas, Louisiana and Mississippi who planted long grain rice in 2006-10 — not just those who sued in state or federal court — can participate in the settlement, said Downing and co-lead counsel Adam J. Levitt. It also includes landowners who allow others to farm their land, but does not include importers, exporters, rice mills and others.

Under terms of the settlement, farmers who planted at least 85 percent of the roughly 2.2 million acres of rice during those years must sign up or Bayer can walk away from the deal.
Bayer said it has already "established appropriate provisions" for the settlement.

The settlement is broken down into three "pots" of money. The first, and the easiest to get, offers $310 an acre to compensate farmers for market losses and is available to those who had long grain rice planted in 2006-10, with lesser amounts for farmers who only planted in some of those years.

The second pot is for farmers who planted either of two rice varieties in 2006, Clearfield 131 or Cheniere, that were most affected by the contamination. Many of those farmers had to leave fields fallow, plant lower-value crops or spend money cleaning equipment of contaminated rice, plaintiffs' lawyers said. Farmers will have to show receipts documenting their planting of those varieties.

The third pot is for those who feel that they lost more, and requires more documentation, lawyers said.

Friday's settlement comes after a series of so-called "bellwether" trials set up to allow representative cases to proceed to trial and to give all sides a signal of what could come in pending cases.

Asked about compensation, Levitt said that lawyers had private fee agreements with the clients who sued. A "leadership team" of lawyers like Levitt and Downing and others who took on additional duties and expenses will receive additional money, he said.

In December 2009, a federal jury in St. Louis awarded $2 million to farmers. A different jury awarded $1.5 million in February 2010. Neither of those juries awarded punitive damages.
Last July, a federal jury in St. Louis awarded a Louisiana farmer, Denny Deshotels, $500,000 in one suit. Jurors were not given the option of punitive damages because of Louisiana law.

Two other bellwether cases settled, one a week into the trial and one the week before, Downing said.

In three state trials in Arkansas, jurors also found in favor of farmers, awarding $1 million in one trial, roughly $1 million or less in another and $6 million in actual damages and $42 million in punitive damages in the third, Downing said..

At trial, company lawyers argued that farmers who waited out the brief price hit suffered no losses and that Bayer was not negligent.

Friday's settlement had not yet been filed in federal court in St. Louis, but plaintiffs' lawyers announced the deal at 4:35 p.m. and Bayer released its own statement a short time later.
Asked to explain the timing of the settlement, Levitt declined to comment.

Coffey said, "We did release (the announcement) as soon as we could," noting it was shortly after the agreement was signed.

Downing would only say: "I can't tell you why it ended up late in the afternoon on a holiday weekend. You can perhaps speculate about that yourself."

Saturday, May 18, 2013

53 Colorado Sheriffs Sue State Over Gun Control Laws


In a deliberate move to catch gun control activists off guard, an organization representing Colorado sheriffs in a lawsuit over a series of recently passed gun control laws abruptly announced the filing of the suit in federal court today.

“We did that deliberately,” David Kopel, an attorney with the Independence Institute, which is handling the case, said. “We wanted to catch our opponents who support gun control off guard.”

As recently as Wednesday, the Independence Institute was suggesting the filing was still a few weeks off. Appearing at a rally against another bill, Amy Oliver Cooke, wife of Weld County Sheriff John Cooke, said they were planning to file the suit in the next couple of weeks.
The suit, which was filed in federal district court, lists 54 out of the state’s 64 sheriffs as plaintiffs in the case.

Kopel says what is significant to note is that while not all sheriffs are party to the suit, not a single sheriff has come out in opposition to it.

Cooke had harsh words for critics in the media and others who questioned whether a government official should sue another government official.

“Some in the media … asked me if I think it’s a good idea or if it’s appropriate for [a] government official to sue another government official. My response is unequivocally yes. It is our duty and responsibility as sheriffs to protect the people who elected us and whom we serve.”

At a recent event in Fort Collins by the Independence Institute providing updates on the case, Cooke said he was proud that gun control supporters are nervous over the lawsuit.
“When we announced our opposition to these gun control laws, the Greeley Tribune ran a story titled, ’48 Sheriffs going Rogue on Guns,’” Cooke said. “They should be fearing us. What right does the state have dictating how many rounds of ammunition [a woman] can have to defend herself?”

The lawsuit isn’t just limited to law enforcement officials, but lists a variety of organizations including the Colorado Farm Bureau, which has expressed concerns about rural farmers and ranchers having to deal with predators, Women for Concealed Carry, and the Colorado Outfitters Association.

“We have a diverse number of plaintiffs in this case. We are celebrating diversity,” Kopel said. “The difference is we actually believe in genuine diversity.”
Cooke noted that the lawsuit was not a partisan issue, with Republican and Democratic sheriffs both taking part in the lawsuit.

“This is not about urban versus rural as the governor likes to portray it,” Cooke said. “We have rural and urban plaintiffs in this case. It is about the Constitution. It is about the 2nd and 14th amendments. The suit is about our way of life, our freedoms, our rights, our liberties which transcend political affiliation and place of residence.”

Within minutes following the announcement of the filing of the suit, Republican Atty. Gen. John Suthers, who will be defending the state in the lawsuit, finally issued a statement providing guidance to law enforcement on how they are supposed to enforce the new laws.

Under the existing laws, any magazine that holds greater than 15 rounds, or can be modified to hold greater than 15 rounds, is now illegal to purchase in the state. The problem is nearly all magazines are designed with features that make them readily expandable to hold more than 15 rounds. The law’s wording effectively bans all magazines in Colorado.

Suthers said in the guidelines that magazines “must be judged objectively” and that a magazine holding 15 rounds or fewer cannot be defined as “large capacity” just because it can be modified to hold more.

While those currently possessing magazines greater than 15 rounds, the law prevents the transfer of any of these magazines. The wording states the grandfather clause only applies as long as the holder “maintains continuous possession” of it. Cooke and other sheriffs have pointed out that based on this wording, anyone who gives their magazine to a gunsmith or asks for help on a shooting range with a jammed magazine is now violating the law.

Suthers said “an owner should not be considered to have transferred a large capacity magazine or lost continuous possession of it simply by handing it to a gunsmith, hunting partner, or an acquaintance at a shooting range.”

However, the problem is Suther’s statement is just what it says, guidance, and it does not hold the force of law. Any officer can choose to disregard Suther’s recommendations anytime he chooses in favor of the plain text of the law.

The lawsuit also claims the gun control measures violate the Americans with Disabilities Act as well as individual civil rights.

Dylan Harrell, one of the disabled plaintiffs in the case, said his disability, which confines him to a wheelchair often makes it more difficult for him to defend himself or his family. He also noted that as an outdoorsman, when exiting his vehicle he needs help.

“I often request the assistance for the safe handling of my firearms anytime I am transferring from a wheelchair to an ATV or another vehicle,” Harrell explained. “It is now against the law for me to even seek assistance anytime I am transferring my firearms for my wheelchair to another vehicle. I am filing this lawsuit on the half of all Coloradans with disabilities such as my own.”
The suit noted that disabled citizens often find it difficult to change magazines quickly, which could be a serious threat to their life if their weapon is needed for self-defense.

Colorado’s far left government this year is controlled by Democrats in the governor’s office, in the House and the Senate. They rammed through a number of gun restrictions and limits – at the behest of the White House.

During debate over the gun control measures, the vast majority of citizens testifying before the legislature were opposed to any new gun control laws. However, frequently their testimony was dismissed and treated with disdain by Democratic lawmakers who seemed to have already made up their minds about passing the laws.

State Sen. Evie Hudak, D-Westminster, scolded a witness opposing one of the gun restrictions.

Amanda Collins, 27, of Reno, Nev., was telling her story of being assaulted and explained that had she been carrying a concealed weapon, the incident might have ended differently.
“I just want to say that, actually statistics are not on your side even if you had a gun,” Hudak scolded. “And, chances are that if you would have had a gun, then he would have been able to get that from you and possibly use it against you.”

Hudak continued, speaking over the committee witness, “The Colorado Coalition Against Gun Violence says that every one woman who used a handgun in self-defense, 83 here are killed by them.”
Finally able to resume her testimony, Collins said, “Senator, you weren’t there. I know without a doubt [the outcome would have been different with a gun].
“He already had a weapon,” she told the meeting of the Senate State, Veterans and Military Affairs Committee. “He didn’t need mine.”

A similar attitude was displayed by state Rep. Joe Salazar.
He said that a woman who feels threatened by rape on a college campus doesn’t need to be armed because she can use a call box to get help.

Salazar’s statement came in a debate over a proposal to ban citizens possessing a concealed-carry permit from being armed on university campuses.

“It’s why we have call boxes,” said Salazar, “It’s why we have safe zones, it’s why we have the whistles. Because you just don’t know who you’re gonna be shooting at.

“And you don’t know if you feel like you’re gonna be raped, or if you feel like someone’s been following you around, or if you feel like you’re in trouble when you may actually not be, that you pop out that gun and you pop … pop a round at somebody.”

Perhaps the most surprising statement came from U.S. Rep. Diane DeGette, a Denver Democrat who displayed her perspective on gun magazines.

“I will tell you these are ammunition, they’re bullets, so the people who have those now they’re going to shoot them; so if you ban them in the future, the number of these high capacity magazines is going to decrease dramatically over time because the bullets will have been shot, and there won’t be any more available,” she said.

The Denver Post said DeGette didn’t appear to understand that a firearm magazine can be reloaded with more bullets.

State officials admitted they were doing the bidding of the White House. In February, Vice President Joe Biden flew to the state to strong-arm Democratic lawmakers who were feeling pressure from their constituents to vote against the bills.

“He (Biden) said it would send a strong message to the rest of the country that a Western state had passed gun-control bills,” Tony Exhum, a Democratic lawmaker from Colorado Springs, told the Denver Post.

House Majority Leader Mark Ferrandino, an open homosexual who also pursued a “civil unions” agenda this year, admitted the gun-control bills introduced by fellow Democrats had national implications.

“I was shocked that he called. He said he thought the bills could help them on a national level,” Ferrandino said.

Wednesday, May 8, 2013

Civil Disobedience Or Death By Design



Friends. How much time to we have left?

By my clock it's five minutes past midnight. We are into unchartered territory. Territory where only bravery and vision can hope to cut through the torpor and stupor which is bringing about the designed obsolescence of the human race and the transgenic re-engineering of the common gene pool of our planetary biodiversity.

As I write this, the technocrats in Brussels are lining up to enforce an Act designed put an end to our seeds. The saving and resowing of 'real' seeds. 
 
Those in high places believe we need to 'move-on' concerning the control of the food chain. It's time for total control. 
 
Only seeds registered and licensed by the State will be legal. And only those with money will be able to afford to do this exercise. The corporations will own the seeds and fulfill their ambition to have 'full spectrum dominance' of the food chain. “He who controls food controls the people”. Checkmate.

They have decided that its time to cease the perpetuation of a pattern of life on planet Earth that goes back to the birth of agriculture – and before.

That is what they are doing in Brussels 6 May 2013 and beyond. From now on, unless we cut free of obeisance to the centralised, totalitarian regimes whose takeover of our planet is almost complete, we will have only ourselves to blame. For we are complicit in allowing ourselves to become slaves of the Corporate State and its cyborg enforcement army. 
 
That is, if we continue to remain hypnotized by their antics instead of taking our destinies into our own hands and blocking or refusing to comply with their death warrants. This 'refusal' is possible. But it will only have the desired effect when, and if, it is contemporaneous with the birthing of the Divine warrior who sleeps in us all. The warrior who sleeps-on, like the besotted Rip Van Winkle in the Catskill mountains.
 We have arrived at the optimum point to draw a line in the sand. I say optimum, because the need for food faces everyone of us every day – so it's not possible to run and hide when it comes to eating. It's a bottom line necessity. It's a bottom line that is now one step from being removed from our control. I say 'one step' because we can turn around , draw our swords and say “No”.

Artists and spiritually inspired human beings are not exempt. In fact they will have a critical role to play in the great fight-back which is our one and only genuine resource at times of extreme crisis. And, in case some think otherwise, I want to state that this is such a time. No artist or spiritually inclined individual can claim to be such unless he or she is willing to enlist in the cause of protecting the sacred nature of life itself.

What the technocrats and their Illuminati masters cannot do is defy the power of the spirit – once its lit-up. And we must get it lit up – or die of starvation. Starvation of the spirit is just as prevalent as starvation from lack of food, on this tragic planet; perhaps more so. It's an artist's job to light-up the starving spirit by feeding it something that will bring it to life and steer it towards victory, not something that will encourage it to remain asleep.

I am a farmer, actor, activist and writer. I see no contradiction here. They are each mutually reinforcing elements of one life force. Of the gift of life which brought us here. And this gift of life starts as a seed. When lit-up - it presents the one power that can ultimately defeat the tunnel vision technocrats, the power besotted politicians, the blind Bilderbergers and the non-human will of the Illuminati overlords. They will all fall to our Excalibur once we remember how to use it.

Remember we must. To put an end to that darkly scheming little cabal which is, at this very moment, is dipping the ancient sacred seed into the patented petri-dish of a genetically engineered holocaust. Attempting to forever remove it from its origins in the subtle soil of a thousand lands. Fight this with a thousand shining swords, for it is we who are being engineered.

Those subverters of the sacred are convinced they will succeed in locking this seed away from the light - forever, and enlisting all humanity into their sinister power games. But, brave souls, nothing can stir us like a challenge to kill us off. Nothing can set the red corpuscles racing faster than the thought of an insentient trans-humanist cyborg future for us and our children. 
 
Pay them a fair price and offer to help them harvest it. Only connect. Connect. Never allow yourself to be just another number at the stupor-market check-out desk. Life begins when we turn and face our enemy and say NO

Sunday, April 28, 2013

FBI Created 17 of 20 Terrorist Attacks On US Soil


FBI New agent training.

FBI agent being trained to shoot at paper terrorists. (Photo credit: Wikipedia)

According to Judge Andrew Napolitano, in the past 10 years, there’ve been 20 Terrorist plots against the US.  Three of those plots were real but were discovered and stopped by private Americans.  The other 17 were created–and then stopped–by the FBI.

The apparent purpose of these false flag operations was to deceive Americans into believing we’re under attack by foreign or domestic terrorists who are fictional.  Based on the false belief that we’re being persistently attacked, Americans tend to accept and even our government’s invasions of foreign countries and our own growing police state.

If you want to fly on an airplane, you must first be x-rayed or groped based, in part, on 17 plots created by the FBI to prove the existence of terrorists who don’t actually exist.
Every government agent–right up to the President–who authorized or participated in such fraudulent terrorist attacks should be tried for treason and, if found guilty, hanged by the neck until dead.


video   00:05:05
https://www.youtube.com/watch?v=5LDw7ppLK7w

Here’s an article from the New York Times that explains that the FBI is not finding terrorists, so much as creating and grooming people who are upset with government to become “terrorists” in “sting operations”.  This article claims that “Of the 22 most frightening plans for attacks since 9/11 on American soil, 14 were developed in [FBI] sting operations.” These numbers don’t precisely match Judge Napolitano’s, but they’re similar.

More, the article interests me in that it reveals that most defendants charged in these “sting operations” claim “entrapment” for their defense and thereby lose in court.  That tells me that “entrapment” is probably an “affirmative defense” which, as I’ve previously explained, is first and foremost a confession.

I.e., you can’t claim to have been “entrapped” into committing a crime without first implicitly confessing that you did, in fact, commit the alleged crime.  Once you make any affirmative defense/confession, the prosecution’s case is made, and the burden of proof shifts to the defendant to prove that, except for the influence exerted by the FBI (or whoever), the defendant would not have committed the crime.

 Because it’s almost impossible for the defendant to prove his state of mind and intent, convicting fools who make affirmative defenses is like shooting fish in a barrel.  If the defendant had not made an affirmative defense, the burden of proof would remain on the prosecution to prove the defendant’s state of mind/state.

The most important consequence of using the affirmative defense of entrapment to excuse some alleged criminal act inspired by the FBI (or some other governmental agency) is that such defense constitutes a confession that you have attempted to commit a crime.

The second most important consequence may be that “entrapment” implicitly admits that the person who tried to entrap the defendant was a government agent.  If so, by alleging that he was “entrapped” by a government agent, the defendant cloaks that government agent with “official immunity” that might not otherwise exist.  In other words, if a defendant doesn’t claim “entrapment,” the alleged “government agent” might be just as liable for the offense as the defendant.

If I were being prosecuted for attempting to commit some “terrorist act” that had been inspired by a purported FBI agent, I might not try a defense of entrapment.  I might instead challenge the credentials of the government agent, attempt to prove that he’s merely a private actor, corporate employee, and the real “brains” behind the terror plot.

 I would not thereby confess to the alleged “crime”.  By not confessing, I’d make the prosecution prove every element of the crime, including venue (The State vs. this state), and I might sue the purported FBI agent for misleading and deceiving me.

  I’d be careful to create evidence that the alleged “government agent” was the brains behind the crime and thus a co-defendant rather than some “official”.  I’d argue that if I were to be sentenced to 5 years, my co-defendant should be sentenced to 10.

Monday, April 15, 2013

The Orwellian Paradigm


georgeorwell_2312758b

Almost thirty years ago, cultural critic Neil Postman argued in Amusing Ourselves to Death that television’s gradual replacement of the printing press has created a dumbed-down culture driven by mindless entertainment. In this context, Postman claimed that Aldous Huxley’s Brave New World correctly foresaw our dystopian future, as opposed to George Orwell’s 1984.
Contrary to Postman’s critique, however, the principles of Newspeak and doublethink dominate modern political discourse. Their widespread use is a testament to Orwell’s profound insight into how language can be manipulated to restrict human thought.

WAR IS PEACE
Formulating the Language of Perpetual WarFrom AUMF to “Associates of Associates.” 

The semantic deception began shortly after September 11, 2001. “Our war on terror begins with al Qaeda,” Bush said in his State of the Union address, “but it does not end there. It will not end until every terrorist group of global reach has been found, stopped and defeated (emphasis added).”

The defining feature of this rhetoric is that it declares war on a particular method of violence used by disaffected states or groups. In fact, the phrase “war on terror” functions as what semiotics calls a floating signifier, a term devoid of any real meaning and thus open to any interpretation.

Terrorism has no shape, mass, or boundary; it is an abstraction, a tactic of asymmetrical warfare used to achieve political goals. Imagine if Franklin D. Roosevelt had declared “war on surprise attacks” in the wake Pearl Harbor, or if Lyndon Johnson had vowed to defeat guerilla warfare in Vietnam. This linguistic construct, therefore, ensures an open-ended conflict with no conceivable end.

Unperturbed by this paradox, British Prime Minister Tony Blair dutifully reiterated that, “the fact is we are at war with terrorism.” But the bombing sorties over Afghanistan had barely begun when the label morphed into “The Long War,” and then the “decisive ideological struggle of the 21st century and the calling of our generation.” And now, the targeted killings program has been “extended to militant groups” with no connection to September 11, 2001 – that is, “associates of associates.” Removing the requirement for any linkage to al-Qaeda gives the government unfettered discretion to assassinate anyone without due process of law.

This phraseology makes it impossible to distinguish the dialectical concepts of war and peace. It makes peace synonymous with a state of warfare. Peace is defined in terms of a generational commitment to war and, in turn, war is framed as a necessity to keep the peace. In other words, War is Peace. 

This is the lexicon of perpetual war, the vocabulary of a conflict that is never meant to end. “You can’t end the war,” as one official admits to the Washington Post, “if you keep adding people to the enemy who are not actually part of the original enemy.”

Aggression is Self-Defense –Waging Full Scale War to Prevent War.
Operation Iraqi Freedom represented phase two in a linguistic framework meant to fuse two diametrically opposite concepts in the public mind: preemption and prevention.
The purpose of preemptive war is to thwart or neutralize an imminent attack – one that is “instant, overwhelming, and leaving no choice of means, and no moment for deliberation” – without absorbing the first blow. Conversely, preventive war is pure aggression – it is not tied to any notion of imminence and is primarily directed at securing some strategic advantage. Thus, the dimension of time is the primary difference between the former and the latter.

The Bush Doctrine blurred the lines between preventive and preemptive wars. It represented a seismic shift in national security strategy from one dominated by the Cold War doctrines of deterrence and containment, to one that now enshrined preventive war as a permanent feature of US policy. During his 2002 commencement speech at West Point, Bush stated:
“If we wait for threats to fully materialize we will have waited too long…Yet the war on terror will not be won on the defensive. We must take the battle to the enemy, disrupt his plans and confront the worst threats before they emerge…” (emphasis added).”

Furthermore, the 2006 US National Security Strategy Paper states that “If necessary, however, under long-standing principles of self-defense, we do not rule out the use of force before attacks occur, even if uncertainty remains as to the time and place of the enemy’s attack (emphasis added). In true Newspeak fashion, such a conception of “preemptive action” inverts the traditional model of self-defense under customary international law by rendering imminence completely irrelevant. In doing so, it strips self-defense of any practical meaning.

 It conflates preventive war with preemptive war; it packages aggression as self-defense.
But as Cheney’s one-percent doctrine later revealed, the threat need not even be likely, let alone imminent, for self-defense (read aggression) to apply. According to this logic, even a one percent chance of an event occurring is sufficient to treat it as a certainty. “It’s not about our analysis,” Cheney reportedly said, “…It’s about our response (emphasis added).” Put simply, the likelihood of an event occurring is not a necessary prerequisite to wage war. This embeds the supreme international crime of aggressive war in the fabric of national security policy. Aggression is self-defense, Winston.

FREEDOM IS SLAVERY
The Obama Administration gave the War on Terror a facelift by rebranding it “Overseas Contingency Operations.” But the sanitizing nomenclature has done little to halt the institutionalization of the apparatus of tyranny– from Kill Lists to Disposition Matrices to Drone Playbooks to indefinite detentions to persecuting whistleblowers to pervasive domestic surveillance. These developments are strikingly at odds with the post-9/11 metanarrative that frames this conflict as a clash between the forces of freedom and despotism. As Bush phrased it:

“Americans are asking, why do they hate us? They hate what we see right here in this Chamber, a democratically elected government. Their leaders are self-appointed. They hate our freedoms – our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other.”

From this point onward, spreading ‘freedom and democracy’ abroad became the rallying point for a nation enraptured by its new messianic role. But it soon became apparent that freedom at home cannot coexist with hyper-militarism abroad.

Accusation Is Guilt – Killing You for Your Own Safety.
What could be more destructive to the cherished freedoms that make America a “shining city on a hill” than giving a “high level official” the power to kill Americans on US soil without any due process, accountability or transparency?

 What could be more Orwellian than asserting such dictatorial authority, which has always been the hallmark of totalitarian states, in the name of protecting the public’s safety? The cost of war is not measured solely in terms of blood and treasure. War also corrodes human morality to a point where even the most inhumane acts become perfectly acceptable. In fact, summary executions without due process and the right to a fair trial served as one of the justifications for removing Saddam Hussein’s regime.

Not only does the recent Department of Justice White Paper resoundingly affirm this power grab, it also destroys the foundation of Anglo-American jurisprudence by nullifying the principle of ‘innocent until proven guilty.’ It eviscerates the Fifth Amendment, which prohibits any deprivation of “life, liberty, or property, without due process of law.” It obliterates the protections afforded by the Sixth Amendment, including the “right to a speedy and public trial,” by asserting that government allegations alone, based on secret evidence, are sufficient to establish guilt.

Accusation is guilt, Winston. As Glenn Greenwald cogently observes:
“But of course, when this memo refers to “a Senior Operational Leader of al-Qaida”, what it actually means is this: someone whom the President – in total secrecy and with no due process – has accused of being that. Indeed, the memo itself makes this clear, as it baldly states that presidential assassinations are justified when “an informed, high-level official of the US government has determined that the targeted individual poses an imminent threat of violent attack against the US.

This is the crucial point: the memo isn’t justifying the due-process-free execution of senior al-Qaida leaders who pose an imminent threat to the US. It is justifying the due-process-free execution of people secretly accused by the president and his underlings, with no due process, of being that (emphasis in original).”

Rarely do apologists for the normalization of extra-judicial murder realize that this represents a permanent erosion of core liberties, an ever-lasting debasement of the Bill of Rights. “We know that no one ever seizes power with the intention of relinquishing it,” Orwell said. “Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power.” Secret assassinations are here to stay.

The Great Shift Inward — From Enemy Combatants to Homegrown Terrorists.
Under international law, captured enemy soldiers are considered Prisoners of War (POWs), and thus shielded by the Geneva Conventions and the jus cogens prohibition against torture. Furthermore, terrorism was traditionally treated as a federal criminal offense before 9/11. Accordingly, those accused of terrorism could still invoke the protections of the Bill of Rights, including the right to counsel, right to a jury trial, right to confront one’s accusers, right against self-incrimination and conviction based on guilt proven beyond a reasonable doubt.

As the 2002 Padilla Case demonstrated, however, the enemy combatant doctrine creates a category of detainees that are neither POWs nor terrorists. As such, they are beyond the reach of both the Bill of Rights and Geneva Conventions. This undefined label essentially circumvents the safeguards of the legal system and allows the state to treat the accused like a medieval King would a serf. It sets the groundwork for a parallel gulag system in the United States operating on the model of indefinite detention without charge or trial, no access to a lawyer, and confessions obtained through torture.

And then came Attorney General Holder’s recent premonition about a new threat: the “homegrown terrorist.” Speaking to ABC news, Holder’s statement signals a decisive shift in the script governing the ongoing campaign:

“It’s a very serious threat. I think what it says is that the scope, our scope, has to be broadened. We can’t think that it’s just a bunch of people in caves in some part of the world. We have to be concerned about the homeland to the same extent that we are worried about the threat coming from overseas” (emphasis added).

The implications of this statement are staggering, for it turns the United States into the new “battlefield.” Systems of tyranny perfected abroad are always turned inward. It only took a decade for the same tactics of warfare that were previously restricted to foreign countries to now being applied domestically.

Responding to Senator Rand Paul’s question whether the President can authorize drone strikes on US citizens on domestic soil, Holder revealingly states that “It is possible…to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.” Even though the Posse Comitatus Act of 1878 generally prohibits military involvement in domestic law enforcement, notice how Holder sees no problem with the military, not police, using lethal force against Americans on US soil.

Furthermore, when combined with the DOJ White Paper’s assertion that drone assassinations do “not require that the US have clear evidence that a specific attack . . . will take place in the immediate future,” it becomes frighteningly clear that an anonymous “high level official” can deploy these “faceless ambassadors of death” to strike you dead anytime, even absent any imminent or likely threat. This gives government the power of God. It repudiates every principle of liberty this constitutional republic was founded upon.

This is no exaggeration, as Holder’s follow-up response to Senator Paul clarifies: “Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil? The answer to that question is no (emphasis added).” As any lawyer can attest, Holder’s heavily qualified statement creates more ambiguity.

Note the following points: (1) Holder is not saying that the President cannot kill an American on US soil. The phrasing of his question is much narrower, which can arguably be interpreted as allowing the President to kill without using “weaponized drones;” (2) most important of all, his statement implies that the President does have the authority to kill Americans “engaged in combat.”

Hence, the issue of how “combat” is defined carries great importance. In this regard, William Grigg brilliantly points out that al-Awlaki’s assassination sets a precedent that stretches the interpretation of “combat” to a point where there are few, if any, restraints on the Presidents power to kill:

“Combat” can consist of expressing support for Muslims mounting armed resistance against U.S. military aggression, which was the supposed crime committed by Anwar al-Awlaki, or sharing the surname and DNA of a known enemy of the state, which was the offense committed by Awlaki’s 16-year-old son, Abdel. Under the rules of engagement used by the Obama Regime in Pakistan, Yemen, and Afghanistan, any “military-age” male found within a targeted “kill zone” is likewise designated a “combatant,” albeit usually after the fact.”

More than half a century ago Orwell had warned us that the scourge of war eventually turns inward. “The war is waged by each ruling group against its own subjects, and the object of the war is not to make or prevent conquests of territory, but to keep the structure of society intact. The very word “war”, therefore, has become misleading” (emphasis added). Stated differently, war becomes a buzzword for concealing a rather insidious internal dynamic, one that treats those who oppose the status quo – the intrepid whistleblower, the outspoken journalist, the vocal activist – as a legitimate target for persecution.

Dissent Is Treason.
It is precisely the ability to express unpopular opinions and the autonomy to diverge from convention without fear of persecution that makes any society free. As Edward R. Murrow reminded us during the McCarthy era, dissent should never be confused with disloyalty because “we are not descended from fearful men […] who feared to write, to speak, to associate, and to defend causes that were, for the moment, unpopular.” That same principle holds true today, regardless of the nature of the claimed emergency.

Bradley Manning was caged like an animal under insanity inducing conditions for more than two and a half yearswithout trial. Manning’s treatment is an epiphenomenon of the current administration’s unprecedented war against whistleblowers, which makes an example of any lowly prole who dare expose corruption at the highest levels of the Inner Party. John Kiriakou rots in prison for the “crime” of informing the people about the CIA’s illegal waterboarding, whereas John Brennan ascends to the heights of power for endorsing torture and assassinations.

The operative effect of such incidents is to create a culture of intimidation and silence by making it a “thoughtcrime” to deviate from the official version of events.
Investigative journalist Chris Hedges points out that the NDAA (the Homeland Battlefield Bill) “permits the military to detain anyone, including U.S. citizens, who ‘substantially support’—an undefined legal term—al-Qaida, the Taliban or ‘associated forces,’ again a term that is legally undefined.”

This represents a clear step toward the criminalization of activities that were formerly protected under the First Amendment. It equates any meaningful dissent with treason.
As if this weren’t bad enough, some government employees are told to view “protests” as a form of “low-level terrorism,” and consider “Fury at the West for reasons ranging from personal problems to global policies of the U.S.” as a potential indicator of terrorist activity.

Recall that the PATRIOT Act was also billed a necessary counterterrorism tool. Even though it vastly expanded the state’s investigative power without any attendant checks and balances, Congress was given no time to read it due to the claimed exigency of the circumstances. Almost a decade later, however, its application has been expanded to ordinary, non-terrorism cases like drug dealing and child pornography.

Understanding how this process works is vital, for tyranny always treads a familiar path: first it clamors for unfettered authority to resolve some overriding problem; then it consolidates that power; next it gradually expands its vocabulary and application; finally, it turns around and uses that power to persecute everyone. Indeed, those who wield unrestrained power will inevitably abuse it.

Big Brother Is Watching You – Argus, TrapWire, Stingray, EARS and Total Information Awareness. 

Reporting on DARPA’s most recent project called Effective Affordable Reusable Speech-to-text (EARS), Wired magazine reports that “Darpa wants to make systems so accurate, you’ll be able to easily record, transcribe and recall all the conversations you ever have.” It’s a “little freaky,” the author admits, since it gives those who wield this technology total omniscience – the power to know everything about everyone at any time.

The parallels to 1984 are obvious: “Always the eyes watching you and the voice enveloping you. Asleep or awake, working or eating, indoors or out of doors, in the bath or in bed — no escape. Nothing was your own except the few cubic centimetres inside your skull(emphasis added).” The only vestige of privacy is in one’s own mind – for now at least.

But even though the average citizen’s privacy has been eviscerated, the government continues to operate at unprecedented levels of secrecy. As the Associated Press reports:
…the government cited national security to withhold information at least 5,223 times — a jump over 4,243 such cases in 2011 and 3,805 cases in Obama’s first year in office.The secretive CIA last year became even more secretive: Nearly 60 percent of 3,586 requests for files were withheld or censored for that reason last year, compared with 49 percent a year earlier.

In that context, privacy is not dead per se; it is flourishing insofar as the government’s inner workings are concerned.

IGNORANCE IS STRENGTH.
“They could be made to accept the most flagrant violations of reality…and were not sufficiently interested in public events to notice what was happening. By lack of understanding they remained sane. They simply swallowed everything…”

Like Orwell’s Ministry of Truth, the opinion molders – the handful of corporations that control the flow of information – sanitize reality to cover for even the worst cases of executive wrongdoing. Their paternalism regards people as mere casual observers to be controlled, not stakeholders to be informed about the democratic process. Their function is to control the narrative of events, for “Who controls the past, controls the future: who controls the present controls the past.”

Oceania Has Always Never Been At War With East Asia.
Orwell explained doublethink as “holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them…To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient, and then, when it becomes necessary again, to draw it back from oblivion for just as long as it is needed…”

A recently declassified memorandum written by former Defense Secretary Donald Rumsfeld in 2001, almost a year and a half before Operation Iraqi Freedom, adds to the plethora of evidence that Rumsfeld, along with the rest of the neoconservative war hawks, concocted false pretexts to market the invasion of Iraq. The same Donald Rumsfeld, who invoked Saddam Hussein’s non-existent Weapons of Mass Destruction (WMDs) as a casus belli to invade Iraq in 2003, previously armed the same Iraqi dictator with chemical and biological weapons as Ronald Reagans Middle East envoy during the 1980s. Oceania was never at war with East Asia.

But this was an inconvenient fact in the prelude to Operation Iraqi Freedom, and therefore had to be forgotten. It never happened. “Everything faded into mist. The past was erased, the erasure was forgotten, the lie became truth.” Oceania has always been at war with East Asia.
Conclusion – The Grand Contradiction. 

In a historical irony, Orwell’s proposed preface to Animal Farm about censorship in the English press was suppressed and remained undiscovered for years after his death. In it, Orwell mounts a principled defense of intellectual freedom during a time when the western press brooked no criticism of Joseph Stalin or his murderous regime.

 “These people don’t see that if you encourage totalitarian methods, the time may come when they will be used against you instead of for you,” Orwell warned. “Make a habit of imprisoning Fascists without trial, and perhaps the process won’t stop at Fascists.” Make a habit of endorsing drone strikes in far off lands, and perhaps the next drone will show up in your neighborhood.

In conclusion, the grand contradiction lurking behind all the rhetorical smoke screens is simply this: in trying to rid the world of evil using the tactics of evil, we unleash even greater horrors; we become what we seek to destroy.

Faisal Moghul is an attorney. He can be reached at fez.moghul1@gmail.com

San Diego County considers forcing residents to take psychiatric medication under Laura's LawM

 San Diego County in California is considering implementing Laura's Law, which would give the state's second most populous county - home to over three million people - the uncontested right to force psychiatric medication upon its residents.

Funds for the forced inpatient or outpatient psychiatric incarceration, known as "assisted outpatient treatment" are to be provided by taxpayers. Other bills under consideration would extend Laura's Law to schoolchildren, at the discretion of school administrators.

Laura's Law is heavily supported by law enforcement, the press, the American Psychiatric Association and host of "consumer and family advocate groups." In others words, those who believe the government deserves more control absolutely love Laura's Law. After all, Laura's Law offers those in power the ultimate form of control - over your brain chemistry.

What is Laura's Law?

Laura's Law is an existing state law, passed by the California state legislature in 2002 and signed by Governor Gray Davis. The law makes it possible for anyone to be ordered into psychiatric treatment if determined appropriate by authorities. Non-compliant "patients" are not given a choice, pending involuntary incarceration.

Each county within the state of California has the option of implementing Laura's Law. Los Angeles County implemented it in 2004. San Diego County undertook a 90-day review of the law in March 2013 as it considers implementation.

The law is named for Laura Wilcox, who was shot and killed at the age of 19 by a man with untreated, severe mental illness.

How do you qualify for forced psychiatric treatment under Laura's Law?

Authorities simply determine that you meet the state approved criteria. In California, the criteria are as follows:

Inpatient: (1) Danger to self/others or (2) unable to provide for basic personal needs for food, clothing, or shelter.

Outpatient: Condition likely to substantially deteriorate, unlikely to survive safely in community without supervision, history of noncompliance which includes two hospitalizations in past 36 months or act/threat/attempt of violence to self/others in 48 months immediately preceding petition filing, likely needs to prevent meeting inpatient standard, and likely to benefit from assisted treatment.


Glancing over these standards quickly is dangerous because they are written to appear strict and reasonable. If we break them down, however, you can see that the wildly vague language used is open to broad interpretation.

The bottom line is this: Someone in authority needs to decide that you are a "danger." That's it. Then, they can lock you up and medicate you into oblivion. Case closed.

But wait, it says that you have to have a hard history of hospitalization and violence in order to qualify. Not so! All you need to qualify to lose your physical and mental freedom is, at any time during the last four years, to act/threat/attempt violence to self/others. An "act/threat/attempt" of violence, by the way, could be ANYTHING. Giving someone a dirty look could be interpreted as a threat of violence.

Finally, authorities have put themselves in a position to predict whether or not you are "likely to benefit" from assisted treatment. And the clause, condition likely to substantially deteriorate, suggests that they can take over your life if they feel you may do something wrong in the future.

I recently spoke with Sophie Faught at MindFreedom International about Laura's Law. MindFreedom International is a true patient rights advocacy group that believes in mental health freedom. Sophie said the following:

For over 25 years, we at MindFreedom have argued for VOICE and CHOICE in mental health care. We're against force in mental health care because it's simply not therapeutic. When you're suffering from mental or emotional distress, the last thing you need is to have a technology you don't believe in forced on you. Rather,you need to feel safe and loved by your fellow human beings. It's that human connection, which can be found in peer support and compassionate care, that helps you find the meaning in your experience and your path to a better mental/emotional place.

Many of our members describe the practice of forced drugging as dehumanizing, invasive, violent, and downright TRAUMATIZING. Because trauma is so often a contributing factor to mental/emotional distress, our first goal should be to provide care that does not exacerbate old traumas or create new ones. Forced drugging cannot possibly meet that goal -- many psychiatric survivors spend years coming to terms with the violence and violation of that kind of an act.

Forcibly injecting another human being with a mind-altering chemical cannot be considered therapeutic under any circumstances, but it's especially shocking to think of doing this to a person in his own home, the place (above all others), where he expects privacy, self-determination, and safety. What psychiatry says through this act is: "There is only a narrow spectrum of thoughts and emotions that are acceptable, EVEN IN YOUR OWN HOME, EVEN IN YOUR OWN MIND."

Why limit mankind? Why stop these journeys into the inner world of thoughts and feelings? What incredible discoveries do we -- as individuals and as a society -- miss in the process?

MindFreedom International will always oppose legislation like Laura's Law because we believe that there must be safe spaces for extreme thoughts and emotions. Mankind has much to learn from these experiences. They are a difficult but necessary part of the healing path.

Psychiatry has no answer to gun massacres

As much as our hearts go out to those who have suffered and lost loved ones to the violent and unpredictable acts of others, we need to face the hard truth.

Violence is not predictable.

Psychiatry does not have the answer.

Psychiatric medication does not prevent violence.

Stealing freedom and medically torturing innocent people will do nothing to protect anyone. The problem of violence will remain unsolved. The state will continue to gain unprecedented power and an easier path to implement that power. The freedom of the people will continue to vanish.

Peter Breggin, MD has the following to say about psychiatric approaches to violent behavior:

The most devastating recent shooters were all involved with psychiatric treatment and evaluation, and it did not prevent their violence. In some cases, it undoubtedly increased it.

On the possibility of identifying violent people and preventing violent acts, Dr. Breggin said:

So many people harbor feelings of violence, and so few perpetrate them, that it is impossible to screen society for violent individuals without untold numbers of "false positives." In a general psychiatric practice such as my own, a number of patients will be struggling to control their violent feelings and usually a few will have acted aggressively or violently in the past. Within society as a whole, there will be thousands of "suspicious-looking" people locked up and drugged for every genuine threat.

Read Dr. Breggin's full commentary on psychiatry and gun massacres here. For an amazing interview with Dr. Breggin about the violent, death-camp style history of psychiatry, listen to the March 13, 2013 episode of Mental Health Exposed. If you think psychiatry is rooted in a desire to help people heal, think again! These are the folks we are empowering with Laura's Law! Ice pick lobotomy anyone?

There you have it. States like California are using devastating acts of violence to increase their power with "solutions" that do NOTHING more than steal freedom from innocent people.

About the author:
Watch the free video The AHA! Process: An End to Self-Sabotage and discover the lost keys to personal transformation and emotional well-being that have been suppressed by mainstream mental health for decades.

The information in this video has been called the missing link in mental health and personal development. In a world full of shallow, quick-fix techniques, second rate psychology and pharmaceutical takeovers, real solutions have become nearly impossible to find. This presentation will turn your world upside down.

Saturday, April 13, 2013

Inhuman Radiation Experiments

This year marks the 20th anniversary of the declassification of top secret studies, done over a period of 60 years, in which the US conducted 2,000 radiation experiments on as many as 20,000 vulnerable US citizens.[i]

Victims included civilians, prison inmates, federal workers, hospital patients, pregnant women, infants, developmentally disabled children and military personnel — most of them powerless, poor, sick, elderly or terminally ill. Eileen Welsome’s 1999 exposé The Plutonium Files: America’s Secret Medical Experiments in the Cold War details “the unspeakable scientific trials that reduced thousands of men, women, and even children to nameless specimens.”[ii]

The program employed industry and academic scientists who used their hapless patients or wards to see the immediate and short-term effects of radioactive contamination — with everything from plutonium to radioactive arsenic.[iii] The human subjects were mostly poisoned without their knowledge or consent.

An April 17, 1947 memo by Col. O.G. Haywood of the Army Corps of Engineers explained why the studies were classified. “It is desired that no document be released which refers to experiments with humans and might have adverse effect on public opinion or result in legal suits.”[iv]

In one Vanderbilt U. study, 829 pregnant women were unknowingly fed radioactive iron. In another, 188 children were given radioactive iron-laced lemonade. From 1963 to 1971, 67 inmates in Oregon and 64 prisoners in Washington had their testicles targeted with X-rays to see what doses made them sterile.[v]

At the Fernald State School, mentally retarded boys were fed radioactive iron and calcium but consent forms sent to parents didn’t mention radiation. Elsewhere psychiatric patients and infants were injected with radioactive iodine.[vi]

In a rare public condemnation, Clinton Administration Energy Sec. Hazel O’Leary confessed being aghast at the conduct of the scientists. She told Newsweek in 1994: “I said, ‘Who were these people and why did this happen?’ The only thing I could think of was Nazi Germany.”[vii] None of the victims were provided follow-on medical care.

Scientists knew from the beginning of the 20th century that radiation can cause genetic and cell damage, cell death, radiation sickness and even death. A Presidential Advisory Committee on Human Radiation Experiments was established in 1993 to investigate charges of unethical or criminal action by the experimenters. Its findings were published by Oxford U. Press in 1996 as The Human Radiation Experiments.

The abuse of X-radiation “therapy” was also conducted throughout the ’40s and ’50s. Everything from ringworm to tonsillitis was “treated” with X-radiation because the long-term risks were unknown or considered tolerable.

Children were routinely exposed to alarmingly high doses of radiation from devices like “fluoroscopes” to measure foot size in shoe stores.[viii]

Nasal radium capsules inserted in nostrils, used to attack hearing loss, are now thought to be the cause of cancers, thyroid and dental problems, immune dysfunction and more.[ix]

Experiments Spread Cancer Risks Far and Wide
In large scale experiments as late as 1985, the Energy Department deliberately produced reactor meltdowns which spewed radiation across Idaho and beyond.[x] The Air Force conducted at least eight deliberate meltdowns in the Utah desert, dispersing 14 times the radiation released by the partial meltdown of Three Mile Island in Pennsylvania in 1979.[xi]
The military even dumped radiation from planes and spread it across wide areas around and downwind of Oak Ridge, Tenn., Los Alamos, New Mexico, and Dugway, Utah. This “systematic radiation warfare program,” conducted between 1944 and 1961, was kept secret for 40 years.[xii]

“Radiation bombs” thrown from USAF planes intentionally spread radiation “unknown distances” endangering the young and old alike. One such experiment doused Utah with 60 times more radiation than escaped the Three Mile Island accident, according to Sen. John Glen, D-Ohio who released a report on the program 20 years ago.[xiii]

The Pentagon’s 235 above-ground nuclear bomb tests, and the atomic bombings of Hiroshima and Nagasaki, are not officially listed as radiation experiments. Yet between 250,000 and 500,000 U.S. military personnel were contaminated during their compulsory participation in the bomb tests and the post-war occupation of Japan. [xiv]

Documents uncovered by the Advisory Committee show that the military knew there were serious radioactive fallout risks from its Nevada Test Site bomb blasts. The generals decided not to use a safer site in Florida, where fallout would have blown out to sea. “The officials determined it was probably not safe, but went ahead anyway,” said Pat Fitzgerald a scientist on the committee staff.[xv]

Dr. Gioacchino Failla, a Columbia University scientist who worked for the AEC, said at the time, “We should take some risk… we are faced with a war in which atomic weapons will undoubtedly be used, and we have to have some information about these things.”[xvi]
With the National Cancer Institute’s 1997 finding that all 160,000 million US citizens (in the country at the time of the bomb tests) were contaminated with fallout, it’s clear we did face war with atomic weapons — our own.

John LaForge works for the nuclear watchdog group Nukewatch in Wisconsin and edits its Quarterly newsletter.

Wednesday, April 10, 2013

Dept Of Interior Endorses Removal 4 Dams Klamath River



 

The four hydroelectric dams on the Klamath River that block salmon migration and cause toxic algae blooms in stagnant lake water should be removed, concludes the most comprehensive environmental study ever done on the river system that flows from Oregon through California to the Pacific.

If the dams go - still no sure bet - 420 miles of historic habitat would open for the first time in more than a century.

The final environmental impact statement on what would be the biggest dam-removal project in California history was released Thursday by the U.S. Department of the Interior. It supports removal of the dams: Iron Gate, Copco 1 and Copco 2 in California north of Yreka (Siskiyou County), and J.C. Boyle in Oregon.

The study predicts dam removal would employ 4,600 people during 15 years of work, and result in an 81 percent increase in chinook and similar increases in steelhead trout and coho salmon.

The project, which would cost about $1 billion, including habitat restoration and sediment removal, would nevertheless cost less over time than maintaining the reservoirs and building federally mandated fish ladders, according to Interior Department scientists.
The report "represents the most comprehensive scientific, engineering and environmental evaluation of facilities removal ever undertaken in the Klamath Basin," said Ken Salazar, secretary of the interior, in a statement.

The secretary, who will have to sign off on the plan, said removing the dams would resolve a lot of water-related problems among Indian tribes, farmers and utilities in the Klamath Basin while restoring historic fish runs.

Wild and scenic river

The mighty Klamath, a federally protected wild and scenic river, flows 255 miles from Oregon through California to the Pacific Ocean, draining 12,600 square miles of mountains, forests and marshlands that some have called the Everglades of the West.

The dams have blocked salmon migration along the California-Oregon border since the first one was built in 1909. The Klamath is the third-largest salmon run in the lower 48 states, behind the Columbia and Sacramento rivers.

Destructive parasites and blooms of toxic blue-green algae also contaminate the water behind the dams during the summer. Water diversions to cities and for agriculture exacerbate the problem, according to fishery biologists.

Serious talk of removing the dams began in 2002 after a federally ordered change in water flow led to the death of 33,000 salmon in the river.

About 40 parties, including American Indian tribes, farmers and fishermen, signed the 2010 Klamath Hydroelectric Settlement Agreement, which laid out the process of removing the dams operated by the PacifiCorp utility beginning in 2020. The groups also approved the Klamath Basin Restoration Agreement, which would appropriate $800 million over 15 years to divide up water and restore the habitat.

"The scientific and common sense conclusion is clear," said Rep. Jared Huffman, D-San Rafael. "We should tear down these dams."

Congress' approval needed

The problem is that both agreements need the approval of Congress, which appears reluctant to approve large expenditures for restoration and other costs. Supporters are now calling on the Senate Energy and Natural Resources Committee to call hearings on the matter.

"Dozens of groups came together and, despite their very different perspectives, were able to hammer out these agreements," said Curtis Knight, the conservation director for California Trout, a conservation organization. "Congress must do its part to turn this proposed local solution into reality."

There are opponents

Still, opposition remains, particularly among the 100 or so owners of lakefront property created by the dams. The value of 668 parcels is expected to go down as the reservoirs are drained.
In addition, customers of PacifiCorp in Oregon and California would pay an extra 2 percent on their monthly electric bills to cover the cost of dam removal. PacifiCorp has agreed to pay the first $200 million, and California will cover any costs above that, according to the removal agreement.

Read the report

The final Environmental Impact Statement is available at
www.klamathrestoration.gov.

Tuesday, January 22, 2013

Sheriffs Against Obamacie



sheriffs line dont cross

The great usurper of the Constitution, President Obama, is seeking to obliterate the Second Amendment and subsequently, he is coming after your guns. Obama is not coming after your guns in one fell swoop, although he would like to.Inch by inch, Obama believes that gun confiscation is a cinch.

 He is employing the principle of incrementalism. Under this communist despot, Americans will see registration and prohibition today, followed by confiscation tomorrow.

Democide, defined as murder by government, in the 20th century, accounted for 262,000,000 deaths. Nearly everyone of these mass murders by government was preceded by gun control and gun confiscation. Logic, wisdom and historical precedent would indicate that Americans would be foolish to ever surrender any of the Second Amendment rights to the federal government.

I am one of a growing group of Americans who believes that what I have dubbed Obamacide (i.e. the continual takedown of the Constitution and replacing it with Marxist Communist ideals), will be followed by democide which will be perpetrated against the American people by the minions who represent and serve the bankers who have hijacked our government.

A Pro-American Message From An Unlikely Source

sherrif arnold

Former California Governor, Arnold Schwarzenegger, a man of very limited acting skills, recently returned to the big screen as Sheriff Ray Owens, a tough law man who leads a band of an inexperienced small town police officers who face the daunting task of stopping a ruthless drug cartel leader from reaching the US-Mexico border.

As an aside, some men gracefully age and understand the importance of choosing age appropriate activities, hobbies and vocations. Apparently, Schwarzenegger does not possess that kind of introspective awareness. This “grandpa on steroids” approach to reliving his days as an action hero, was very comedic, but only in a very tragic way. More to the point,

Schwarzenegger’s character portrays one of America’s last remaining heroes, the County Sheriff. You might be wondering about the name of Schwarzenegger’s newest action movie? Never mind, you would be better off saving your money and buying some more ammunition.

 The only saving grace of this very bad movie lies in the expressed belief that the County Sheriff is America’s last line of defense in a community and that the federal government, if not always corrupt, is always incompetent.

America’s Last Remaining Heroes

The County Sheriff is the indeed the last line of defense against a tyrannical government which is undeniably hell-bent on destroying the Second Amendment for very nefarious purposes. Here are some very poignant examples

sheriff peyman 2

In response to the national gun-control/confiscation debate, Sheriff Denny Peyman of Jackson County in Kentucky stated in a recent press conference that his power as sheriff, charged with upholding the Constitution, constitutes his most important to the citizens of Jackson county and that Peyman is unconcerned with the hidden, and often illegal agendas of state and federal agents. Peyman further explained that

 “I can ask federal people to leave, they have to leave. I can ask state people to leave, they have to leave. And it doesn’t matter what new laws Obama passes, the sheriff has more power than the federal people.”

sherffis gun control

Illinois Clark County Sheriff, Jerry Parsley, posted a message from the Clark County Sheriff’s Office Facebook page this past Thursday explaining his mission to protect the Constitution. “It’s a given to me; the Second Amendment isn’t about hunting. The amendment is about a free state’s ability to defend itself from an oppressive government. When a government won’t or can’t defend its citizens, they have a God-given right to protect themselves. To me it’s simple.”
The Utah Sheriffs’ Association has written a strongly worded letter to President Obama on the issue of gun control. Part of the letter reads, “No federal official will be permitted to descend upon our constituents and take from them what the Bill of Rights—in particular Amendment II—has given them.”
In Oregon’s Josephine County, Sheriff Gil Gilbertson said Wednesday that a lot of sheriffs are standing up and demanding the Constitution – especially the Second Amendment – be followed.

sheriff-denning_20130118182837_320_240

Frank Deming, the Johnson County Sheriff is sounding off against President Barack Obama’s new gun control proposals. Denning discussed the mass shootings in Colorado and Connecticut, but says he sees nothing in the proposed measures that could prevent similar incidents in the future. “Logic dictates to us that armed individuals; whether armed private individuals or hired security personnel, are the answer to prevent future tragedies in those places that we have inadvertently made free-fire zones with the totally useless ‘No Guns Allowed’ signs,” Deming continued.

sheriff robin cole

In Minnesota, Pine County Sheriff Robin Cole sent an open letter to residents saying he did not believe the federal government had the right to tell the states how to regulate firearms. He said he would refuse to enforce any federal mandate which he felt violated constitutional rights, specifically the Second Amendment.

I  received a recent email from Sheriff Richard Mack, former Graham County, AZ. Sheriff, who successfully challenged the Brady Bill before the Supreme Court. Mack’s email detailed for me his efforts, as an Oathkeeper, to remind Sheriffs across the country to uphold the Second Amendment.

Even A Governor “Gets It”

sheriffs ms gov

In Mississippi, Governor Phil Bryant, urged the Legislature to make it illegal to enforce any executive order by the president that violates the Constitution.

“If someone kicks open my door and they’re entering my home, I’d like as many bullets as I could to protect my children, and if I only have three, then the ability for me to protect my family is greatly diminished,” Bryant said. “And what we’re doing now is saying, ‘We’re standing against the federal government taking away our civil liberties.’” At least one politician is not on the take.

Evil Never Takes a Holiday

MA. Representative, the Democidal David Linsky, has filed a bill which, among other things, forces gun owners to undergo mental health background checks, acquire liability insurance, pay an additional 25% tax on all forms of ammunition, and requires firearms categorized as “assault weapons” to be stored outside of their homes and only at government approved storage depots. In my estimation, this is only an intermediate step with the final destination being the nearly complete destruction of the Second Amendment followed by gun confiscation.

sherrif holder

Of course this man shipped guns into Mexico in an attempt to undermine the Second Amendment under Operation Fast and Furious.

clinton benghazi 2

This woman allowed the murder of Ambassador Stevens by refusing the Ambassador’s request for additional protection following his gun running into Syria on behalf of the CIA in this Middle East version of Fast and Furious in which tens of thousands have already been murdered.

obmurdersplash

This man oversaw Operation Fast and Furious which resulted in the death of Border Patrol Agent, Brian Terry, 40,000 Mexicans last year and 300 Americans.  This man also oversaw the stand down orders which could have prevented Ambassador Stevens death/assassination. And this man wants to disarm you while he is responsible for the murders of hundreds of thousands human beings.

Yesterday, I purchased a gun and some ammunition. I have drawn my line in the sand. I stand for the Constitution and in particular, the Second Amendment. As the President continues to commit Obamacide, I have decided that I will not obey. I will not follow Obama’s gun control policies as issued by 23 illegal and unconstitutional executive orders. I will not submit to ANY form of federal tyranny committed against the Constitution.

And in my role as a journalist, I refused to be silenced as I will continue to publicly decry the criminal communist takeover of this country by this creation of the modern-day version of the Weathermen Underground terrorists, Bill Ayers and Bernardine Dorne and their puppet-in-chief, Barak Hussein Obama.

sherrifs against obama

If we submit to this unconstitutional and illegal authority, we will become vulnerable like never before in our nation’s history. I would encourage everyone to write today to their local sheriff and demand that he defend the Constitution and in particular, the Second Amendment against unwarranted federal government interference. I would encourage you to act as if your life depends on it, because it does.

Friday, December 28, 2012

People Who Don't Desise Prosecutors Simply Aren't Paying Attention



 
   
"Hi, my name is Larry Wasden," explained the short, stocky man, flashing a politician's practiced smile and extending a hand. "I'm the Attorney General."

"Mr. Wasden, my name is Will Grigg," I replied, shaking his hand. "Several years ago you tried to put a 66-year-old retired nun named Carol Asher in prison for fourteen years because she acted as a conscientious juror. Have you ever apologized to her for that abuse of discretion?"

My ice-breaker caused Wasden's smile to evaporate, and it was quickly replaced with an expression of perplexed surprise. 

"What – what abuse of discretion? What case are you talking about?" he stammered.

"Carol Asher is a retired nun from northern Idaho who was called to serve on a jury in a narcotics case," I explained. "She was one of several jurors who voted to acquit, and during the deliberations – made in the confidentiality of the jury room – she apparently made some comments about the fully-informed jury principle. This was seen as a violation of assurances that she would be bound by the judge's instructions. After the case was dismissed, one of the jurors reported her to the prosecutor – and your office filed felony perjury charges against her."

"Well, I don't remember any of the details of this matter," Wasden replied as he started to sidle away from me.

"Perhaps you should re-acquaint yourself with them," I suggested.

"I don't really see any reason to," he said, walking away while displaying a dismissive smirk.

The occasion that brought about this brief but telling conversation was a December 12 meeting held at the Portia Club in Payette, Idaho to discuss the state's open records and open meetings law. Wasden and several of his associates – people whose livelihood depends on official opacity, not public transparency – were present to teach us how to ask just the right questions in order to get the self-serving answers they were willing to provide.

Wasden was obviously caught off-guard by a polite but pointed question, and more than likely offended by it. After all, a meeting to discuss the open records law was hardly the proper forum at which to demand accountability from a public servant such as himself. 

My only purpose in attending the meeting was to ask Wasden about the Asher case. I knew he would be in attendance, and intended to confront him about his misconduct – but since he was the one who approached me, I can't honestly be accused of ambushing him. Our conversation took place about five minutes before the meeting began, which meant that I was able to devote most of my evening to more productive pursuits.

Wasden was utterly mystified by the mention of the Carol Asher case, which was the source of considerable controversy in Idaho back in 2006. He honestly didn't remember who Carol Asher is, which is understandable. But he absolutely didn't care about what his office did to her, which is unforgivable. 

"It's interesting that Mr. Wasden doesn't remember me or anything about my case, because he was certainly aware of it at the time," Asher told Pro Libertate. "And after the charge against me was dismissed I wrote him a long, polite letter letting him know that I held no rancor toward him, and explaining why I took the stand that I did. He never responded to my letter."

If I had inflicted needless misery on an innocent, law-abiding, 66-year-old woman, sleep would be a stranger to me until I had done everything possible to make amends. Beyond what I've learned from the public record and a very brief conversation I know nothing of Larry Wasden. The fact that he has forgotten everything about his attempt to imprison Asher for life suggests to me that his is the untroubled sleep known only to the most innocent of children, and the most incurable of sociopaths.

In late 2005, Asher was called to jury duty for the narcotics trial of William Edward Clark, a young man of Indian ancestry who lived in a northern Idaho village called White Bird. Clark was employed at a local restaurant. He also had a police record replete with petty charges of the kind that suggested he was the focus of frequent and largely unwarranted police attention. 

One afternoon the previous March, Clark was given the keys to the company vehicle – an old pickup truck – and sent to Grangeville with a large load of aluminum cans to be recycled. He stopped at the Tolo Lake Mammoth Replica, locked the truck, and went to see the exhibit. A Grangeville City Police Officer drove by and spotted the truck. 

At the time, Clark was the subject of a "fugitive warrant," but the available record in the Idaho Repository doesn't clearly state why. He was sentenced to probation on a misdemeanor battery charge, and then slapped with a statewide "failure to appear" bench warrant that appears to have been revoked in January. In any case, the officer recognized either Clark or the vehicle he was driving, executed a U-turn, and pulled in behind the truck.

When the officer approached Clark, he demanded the keys in order to search the truck. Clark quite properly refused to turn over the keys, pointing out that the pickup was, in effect, a company vehicle that didn't belong to him. The officer called for backup, and an Idaho County Sheriff's Deputy soon arrived. The two of them ganged up on Clark, seized the keys, and searched the truck.

On the dashboard of the truck the officers found a CD case containing a tiny ziplock bag in which was hidden .15 of a gram of meth, which had an estimated street value of about five dollars.
"No physical evidence or eyewitness testimony connected Clark to the drugs," Asher recalls of Clark's two-day trial. "The prosecution wasn't able to demonstrate that Clark was aware that it was in the vehicle. Since it was used by many other people, and the drugs were very carefully hidden, there was plenty of room for reasonable doubt. And since the search was clearly illegal, there wasn't really any reason for the arrest in the first place. But the court-appointed defense attorney just sat there like a stump and didn't raise the issue, and the trial judge wouldn't allow jurors to raise it, either."

In his smug assurance that the case was a slam-dunk, the Idaho County Prosecutor Kirk MacGregor didn't bother to prove it. After all, Clark was a socially marginal Indian kid with a bad reputation and a growing rap sheet; his accusers were two valiant defenders of the public weal; and besides, this was a drug case, which means that the defendant simply must be guilty of something. 

What MacGregor didn't realize is that there was at least one member of the jury who intended to force the state to prove its case against the defendant. 

Prior to the trial, Judge John Bradbury had informed the jurors that they would be able to submit questions directly to him.

"Each of us was given a notepad on which to write our questions, and several of them were given to Judge Bradbury," Asher relates. "All of them were read by the judge verbatim – except for the two I submitted, which he paraphrased and then dismissed."

During the testimony of the two police officers involved in the arrest, Asher asked the same question: "In your understanding of the law, Officer, was it lawful and proper to force a search of the defendant's pickup without first obtaining a warrant?" 

"The first time I posed that question, rather than reading it aloud Bradbury simply said that a juror had asked about the legality of the search and he said that at some point prior to the trial it had been 'agreed' that the search was legal," Asher recalls. "The second time he said something to the effect of, 'There's a juror here who is still having trouble regarding the legality of the search. That matter is decided and must be left aside.'"

When the jury began its deliberations, Asher was amazed – and somewhat disgusted – by the eagerness displayed by the other jurors to offer an uncritical ratification of the prosecution's case.
"I listened to various initial comments from at least half of the jurors," she summarized in an affidavit filed prior to her own trial in 2006. "Rather than focusing on real evidence presented against him (or the lack of it), the young man was being criticized for everything from his casual dress to 'looking cocky' to his (supposed) cocky eye contact and confident smiles he frequently directed to members of the jury."

When it was Asher's turn to speak, she expressed "concern about what seemed to me a wrongful search on the part of the police. The jury foreman then reminded me that the judge had ruled out the matter of the search, and that we were not allowed to consider it."

Displaying the dutiful docility so commonplace among collectivist drones, the foreman insisted that the proper role of the jury was to act as an instrument of state power, rather than an impediment to it. Asher tried to remind her fellow jurors that their duty was to follow the law, rather than ratify the prosecution's case.

"I can't take my orders merely from a judge, but am bound by a higher authority to render fair and just judgment according to the dictates of my own conscience in trying to protect the rights of the accused," Asher explained. 

"Well, then, it looks like you could be facing big trouble here," sneered the foreman. "You just could be charged with perjury."

After taking comments from the other jurors, the foreman called for a vote. Eight members of the panel voted guilty; Asher and three others voted to acquit. The hung jury resulted in a mistrial. 

As soon as court was adjourned, the foreman – in violation of the confidentiality of jury deliberations – did his duty to the State by reporting Asher's comments to MacGregor. The vindictive functionary immediately contacted Wasden and demanded that the State of Idaho file a felony perjury charge against Asher.

 This was clearly an act of petty retaliation. It was also an actionable instance of malicious prosecution for which neither MacGregor nor Wasden has ever been held accountable.
There is no legal basis in the State of Idaho for the prosecution of a juror who ignores a judge's instructions regarding the law. Although the Idaho Code dictates that the court will "decide all questions of law which may arise in the course of the trial," it also states that the judge "can give no charge to the jury" – in other words, he cannot bind them to his interpretation of the law. 

Idaho's official Guide for Jury Deliberations repeatedly and explicitly state that once the jury begins its deliberations, it has plenary authority to decide the case as it sees fit. The purpose of a judge's instructions, according to the guide, is to "tell you if there are special rules or a set process you should follow. Otherwise, you are free to conduct your deliberations in whatever way is helpful."

Some measure of the poverty of the state's case against Asher can be seen in the haste with which it was dismissed by Magistrate Judge Michael Griffin following a March 7, 2006 evidentiary hearing.
"I'm pretty sure that the charge was dismissed so quickly because they wanted the issue of fully-informed jurors to go away," Asher observes. "The courtroom was full the day of the evidentiary hearing, and I've been told that the court had received hundreds of phone calls from people who were really upset over what was being done to me. It seems clear that the people behind the prosecution simply wanted the matter to disappear and be forgotten." 

Carol Asher was neither the first nor the only woman face a "perjury" charge for thwarting the punitive impulses of an ambitious prosecutor. Sitting next to her in the Grangeville courtroom on March 7, 2006 was Colorado attorney Paul Grant, who had represented Laura Kriho, another woman who had been maliciously prosecuted for exercising her authority as a fully informed juror in the 1996 narcotics trial of a 19-year-old girl charged with possession of methamphetamine.
Along with other potential jurors, Kirho was asked by the judge if there was "anything" in her past that "would interfere with your sitting as a fair and impartial juror

." She didn't disclose that as a teenager she had received a deferred sentence on a minor drug charge, which was subsequently dismissed (but not removed from the record – nothing ever is). She also supported both drug de-criminalization and jury nullification. 

During jury deliberations, Kriho annoyed the other panelists by casting doubt on the reliability of the chief prosecution witness – the arresting officer in the case. She also pointed out that the likely sentence seemed wildly disproportionate to the offense. One juror sent a note to District Judge Kenneth Barnhill demanding that Kriho be dismissed. This led to a mistrial – after which a juror contacted the judge to accuse Kriho of conspiring to hang the jury by not disclosing her beliefs.
Initially charged with felony perjury, Kriho was acquitted of that offense but found guilty of "contempt" and fined $1,200 by Gilpin County Judge Henry Nieto. 

As Paul Grant pointed out, Kriho was the first American to be convicted of "the newly minted crime of failure to volunteer information during jury selection. No longer is it enough to honestly answer the questions you are asked; now you also have to answer the questions you were not asked, but that you 'knew' the judge wanted answered."

This was the supposed crime for which Larry Wasden wanted to imprison Carol Asher – and the struggle to beat back that spurious prosecution cost her thousands of dollars she didn't have.
"At the time, I was 66 years old, and although I've tried to take care of myself a 14-year sentence would probably have meant that I would have died in prison," Asher pointed out to me.

Given that he was armed and committed his crime with the aid of several armed colleagues, his act qualified as aggravated battery under Idaho law, for which the prescribed penalty is up to fifteen years in prison. (By itself, the chokehold he inflicted on Finley constitutes "attempted strangulation," which is also punishable by a term of fifteen years.) 

At the very least, Buttars was guilty of "unnecessary assault by a police officer," which for some reason is considered a misdemeanor in Idaho. The specified punishment for that crime is a year in jail and a $5000 fine. This is a lighter punishment than the typical Idaho resident would receive for driving with a suspended license. 

Wasden signed off on a plea deal under which Buttars served two weeks in jail, paid a $500 fine and court costs, and spent a year on probation – time he put to productive use by filing a "wrongful termination" lawsuit against the City of Montpelier.

Lawrence Wasden was just as expansively accommodating toward a violent degenerate in a government-issued costume as he was perversely determined to imprison an elderly woman for the supposed crime of being a conscientious juror. He vindicates one of my oft-repeated maxims: People who don't despise prosecutors simply aren't paying attention.