Posts Tagged ‘arrest’

RICHMOND, Va. — A federal court has rejected an attempt by a Virginia police officer to dismiss a lawsuit filed by The Rutherford Institute on behalf of a man who was arrested as he was engaged in a First Amendment protest against President Obama while lawfully carrying a rifle.

The order entered in Brandon Howard v. John Hunter, allows the lawsuit to move forward.

Rutherford Institute attorneys assert that the police violated Howard’s First Amendment right to free speech, Second Amendment right to bear arms, and Fourth Amendment right to be free from a groundless arrest when they confronted him with guns drawn and ordered him to the ground on the unfounded belief that Howard was violating the law by being in public with a rifle slung over his shoulder, when in fact his possession and display of the rifle was wholly legal and did not make him subject to an arrest.  Soon after the incident, the City of Hopewell Police Department  admitted in writing that the incident involved a violation of department policy.

Click here to read The Rutherford Institute’s reply brief in Brandon Howard v. John Hunter .

“As this case shows, if you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Certainly, if you’ve been placed in handcuffs and transported to a police station against your will, that constitutes an arrest.”

On Monday, Aug. 26, 2013, Brandon Howard arrived at an overpass above Interstate 295 in the City of Hopewell, Va., and displayed a 6 foot by 4 foot sign that read “Impeach Obama.” Howard was carrying a DMTS Panther Arms AR-15 rifle slung over his shoulder on a strap, and a .380 caliber Bersa Thunder sidearm pistol in a belted holster on his waist. Howard lawfully owned each firearm and did not point or brandish them at any time while engaged in his First Amendment protest activity on the overpass. Howard displayed his protest sign for 30 minutes, but Howard did not directly engage with anyone.

At about 5:30 p.m., a police officer pulled up to the area, remained in his car and observed Howard. Thereafter, three to five additional police cruisers arrived at the scene with emergency lights engaged.  Approximately eight officers exited these vehicles with their guns drawn and ordered Howard to drop his sign and get on the ground with his hands spread above his head. Howard complied with the officers’ orders.

Despite the fact that Howard at no time made any threatening action toward the officers or anyone else, one police officer allegedly asked Howard, “What do you think you are doing threatening people on my interstate?” Howard explained that he had not threatened anyone but was simply exercising his First and Second amendment rights. Howard was then handcuffed and transported to the police station, where he was left, handcuffed, in an interrogation room for 90 minutes, after which time he had his firearms returned and was released. A month later, the Deputy Chief of Police acknowledged in writing that an internal investigation had concluded that one of the officers violated department policy and would be disciplined and sent to remedial training. Attorney Raul Novo of Richmond, Va., is assisting The Rutherford Institute with the lawsuit.

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Outrageous examples of wasteful government spending from Sen. Coburn’s 2013 ‘Wastebook’

“To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury.”—Benjamin Tucker, 19th century advocate of American individualist anarchism

The State Department wants $400,000 to purchase a fiberglass sculpture of a camel looking at a needle for its new embassy in Pakistan. They’ve already spent their allotted $630,000 to increase the number of “likes” and fans on their Facebook and Twitter pages. The NATO ambassador for the U.S. needs $700,000 for landscaping and gardening, the National Science Foundation would like $700,000 to put on a theatrical production about climate change, and the Senate staffers need $1.9 million for lifestyle coaching. Also, Yale University researchers could really use $384,000 so they can study the odd cork-screw shape of a duck’s penis.

I promise this is no belated April Fools’ joke. These are actual line items paid for by American taxpayers, whose tax dollars continue to be wasted on extravagant, unnecessary items that serve no greater purpose than to fatten the wallets of corporations and feed political graft (such as the $1 million bus stop, complete with heated benches and sidewalks which can only shelter 15 people and provides little protection from rain, snow, or the sun).

Case in point: despite the fact that we have 46 million Americans living at or below the poverty line, 16 million children living in households without adequate access to food, and at least 900,000 veterans relying on food stamps, enormous sums continue to be doled out for presidential vacations ($16 million for trips to Africa and Hawaii), overtime fraud at the Department of Homeland Security (nearly $9 million in improper overtime claims, and that’s just in six of the DHS’ many offices), and Hollywood movie productions ($10 million was spent by the Army National Guard on Superman movie tie-ins aimed at increasing awareness about the National Guard).

This doesn’t even touch on the astronomical amounts of money spent on dubious wars abroad.

Consider that since 2001, Americans have spent $10.5 million every hour for numerous foreign military occupations, including in Iraq and Afghanistan. There’s also the $2.2 million spent every hour on maintaining the United States’ nuclear stockpile, and the $35,000 spent every hour to produce and maintain our collection of Tomahawk missiles. And then there’s the money the government exports to other countries to support their arsenals, at the cost of $1.61 million every hour for the American taxpayers.

Then there’s the U.S. Supreme Court’s recent decision in McCutcheon v. FEC, which reinforces a government mindset in which the rights of the wealthy are affirmed by the courts, while the rights of average, working class Americans are routinely dismissed as secondary to corporate and governmental concerns. Under the guise of protecting free speech, a divided 5-4 Court did away with established limits on the number of candidates an individual can support with campaign contributions.

In doing so, the justices expanded on the Court’s landmark 2010 ruling in Citizens United v. FEC, which not only gave unfettered free speech rights to corporations but paved the way for corporations to spend unlimited amounts of money promoting candidates, especially presidential candidates. What this does, of course, is turn the ballot box into an auction block, wherein those who are “elected” to public office are bought and paid for by those who can afford to support their campaigns—namely, lobbyists, corporations and high-dollar donors. (Then again, perhaps it will remain status quo. According to a 2013 study by Trinity University, U.S. Senators do not take into account the opinions and wishes of their lower class constituents. Rather, their voting was aligned with their upper class constituents. This dismissal of lower class opinion held true for both Republican and Democratic Senators, themselves made up of millionaires.)

When all is said and done, what we are witnessing is the emergence of a disconcerting government mindset that interprets the Constitution one way for corporations, government entities and the wealthy, and uses a second measure altogether for average Americans. For example, contrast the Supreme Court’s affirmation of the “free speech” rights of corporations and wealthy donors in McCutcheon and Citizens United with its tendency to deny those same rights to average Americans when government interests abound, such as in its 2012 decision in Reichle v. Howards, where a unanimous Supreme Court allowed immunity protections for Secret Service agents to trump the free speech rights of Americans, and you’ll find a noticeable disparity.

Unfortunately, as I point out in my book A Government of Wolves: The Emerging American Police State, this constitutional double standard is coming to bear in all aspects of our lives, not just in the realm of campaign finance law. It allows lobbyists intimate access to our elected officials, while prohibiting Americans from even standing silently in protest near a government building; it grants immunity to police officers who shoot unarmed citizens, while harshly punishing Americans who attempt to defend themselves, mistaking a SWAT team raid for a home invasion; and it gives government agents carte blanche access to Americans’ communications and activities, while allowing the government to operate in secret, with secret hearings, secret budgets and secret agendas.

This is a far cry from how a representative government is supposed to operate. Indeed, it has been a long time since we could claim to be the masters of our own lives. Rather, we are now the subjects of a militarized, corporate empire in which the vast majority of the citizenry work their hands to the bone for the benefit of a privileged few.

Adding injury to the ongoing insult of having our tax dollars misused and our so-called representatives bought and paid for by the moneyed elite, the government then turns around and uses the money we earn with our blood, sweat and tears to target, imprison and entrap us, in the form of militarized police, surveillance cameras, private prisons, license plate readers, drones, and cell phone tracking technology.

All of those nefarious deeds that you read about in the paper every day: those are your tax dollars at work. It’s your money that allows for government agents to spy on your emails, your phone calls, your text messages, and your movements. It’s your money that allows out-of-control police officers to burst into innocent people’s homes, or probe and strip search motorists on the side of the road. And it’s your money that leads to innocent Americans across the country being prosecuted for innocuous activities such as raising chickens at home, growing vegetable gardens, and trying to live off the grid.

Just remember the next time you see a news story that makes your blood boil, whether it’s a police officer arresting someone for filming them in public, or a child being kicked out of school for shooting an imaginary arrow, or a homeowner being threatened with fines for building a pond in his backyard, remember that it is your tax dollars that are paying for these injustices.

So what are you going to do about it?

There was a time in our history when our forebears said “enough is enough” and stopped paying their taxes to what they considered an illegitimate government. They stood their ground and refused to support a system that was slowly choking out any attempts at self-governance, and which refused to be held accountable for its crimes against the people. Their resistance sowed the seeds for the revolution that would follow.

Unfortunately, in the 200-plus years since we established our own government, we’ve let bankers, turncoats and number-crunching bureaucrats muddy the waters and pilfer the accounts to such an extent that we’re back where we started. Once again, we’ve got a despotic regime with an imperial ruler doing as they please. Once again, we’ve got a judicial system insisting we have no rights under a government which demands that the people march in lockstep with its dictates. And once again, we’ve got to decide whether we’ll keep marching or break stride and make a turn toward freedom.

But what if we didn’t just pull out our pocketbooks and pony up to the federal government’s outrageous demands for more money? What if we didn’t just dutifully line up to drop our hard-earned dollars into the collection bucket, no questions asked about how it will be spent? What if, instead of quietly sending in our checks, hoping vainly for some meager return, we did a little calculating of our own and started deducting from our taxes those programs that we refuse to support?

If we don’t have the right to decide what happens to our hard-earned cash, then we don’t have very many rights at all. If they can just take from you what they want, when they want, and then use it however they want, you can’t claim to be anything more than a serf in a land they think of as theirs. This was the case in the colonial era, and it’s the case once again.