Category: Legal

  • Impotent posturing

    What the Hell good is an arrest warrant for Moamar Gaddafi and his son? Well, that’s what the International Court issued today says Associated Press;

    The International Criminal Court said Col. Gadhafi, his son Seif al-Islam Gadhafi and his intelligence chief, Abdullah al-Sanoussi, are wanted for orchestrating the killing, injuring, arrest and imprisonment of hundreds of civilians during the first 12 days of an uprising to topple Col. Gadhafi from power and for trying to cover up their alleged crimes.

    The warrants from court turn the three men into internationally wanted men, potentially complicating efforts to mediate an end to more than four months of intense fighting in the North African nation. The warrants will be sent to Libya, where Col. Gadhafi remains defiantly entrenched.

    To what end? Do they really expect him to surrender himself? Are they going to send the Pima County SWAT Association in to serve the warrants? Maybe they could mount the judges on Hellfire missiles with the warrant in their pockets.

  • The horror! Transgender illegal aliens in US jails can’t get their free hormone treatments

    I know this sounds like a TSO post, but I got the tip on this MSNBC article from Cortillaen (whose own reading habits are coming into question with this tip);

    Uriel Freas, who was born male in Mexico and is now known as Monica, is one of about 40 transgender immigration detainees at the Santa Ana Jail who have tried for months to get hormone replacement therapy. She and others have shared their stories with the Heartland Alliance National Immigrant Justice Center, an advocacy group that has filed complaints with the Department of Homeland Security alleging that jailers nationwide have deprived detainees of “adequate health care” by denying them the therapy. Read about the complaints.

    Now the poor things’ beards are growing and they want to kill themselves. And somehow it’s the tax payers’ responsibility to make their testicles shrivel up and fall off. Let’s see…they’re here illegally, they’re in jail and they want elective medication. Sure, no problem.

    Eric Berndt, an attorney with the Heartland Alliance, said the detainees have the right to the medication.

    “The U.S. government has a fundamental responsibility to provide for the healthcare needs and dignity of anyone that they take off the streets and put in jail. If we’re going to lock someone up, we need to provide for their basic needs,” he said.

    Oh, so now they slip in “dignity” along side healthcare? The fundamental responsibility of citizens is to obey the laws – so they don’t get put in the indignant position of being a transsexual in jail with a beard.

  • Loughner not competent to stand trial

    A federal judge ruled, after an outburst from Jared Loughner in the court room, that the little worm isn’t competent enough to aid in his own defense according to the New York Times;

    The ruling by Judge Larry A. Burns of Federal District Court means Mr. Loughner will be sent to a federal psychiatric facility until Sept. 21, when a hearing will be held to determine whether he understands the 49 federal charges against him and can help in his defense.

    He was competent enough to practice some measure of marksmanship, he was competent enough to hide his intentions, he was competent enough to point the gun and pull the trigger and hit his intended targets. He was competent enough to resist when he was tackled during his rampage. He was competent enough to convince Pima County LEOs he wasn’t a threat to anyone.

    But now since it’s time to face the consequences, suddenly he’s incompetent? I guess it’s the gun’s fault…and, oh, the high capacity ammunition.

  • College must release Loughner’s emails

    Tucson assassin Jarod Loughner’s former community college has been ordered to release the 250 email communications about him while he was a student according to the Huffington Post;

    Pima County Superior Court Judge Stephen Villarreal rejected the Pima Community College’s argument that the emails were part of Loughner’s official school record and protected from disclosure under a federal privacy law.

    The Arizona Republic sued the college over the records, arguing that the records could help the public determine if the college took appropriate steps in dealing with Loughner after a series of run-ins with campus police.

    Yeah, I’m pretty sure the college isn’t at fault here any more than the local Army recruiting unit. The college was in the same position as the Army…anything they had done to warn the community would have been construed as a violation of Loughner’s privacy rights.

    If there’s any culpability, I’m pretty sure it lies with law enforcement who actually had the authority and means to get his bad behavior on the record which would have prevented him from purchasing a gun.

  • 7th grader questioned by Secret Service for “threat”

    Old Trooper sends a link to this story, I’m sure you’ve heard about already;

     

    I was waiting for the video from Fox and Friends this morning who did an interview with the mom, but it doesn’t look like they’re posting it.

    I don’t see how the Secret Service can get away with interviewing a minor without a parent present. There seem to be an awful lot of stories going around about law enforcement agencies overstepping their boundaries these last few weeks.

  • Guerena’s neighbors corroborate wife’s account

    On one of my previous posts, I speculated if neighbors heard the sirens that the Pima County SWAT claims they used to approach Jose Guerena’s home. I also wondered if the high volume of gun fire resulted in stray rounds striking neighbors’ homes. The answer to both questions seems to be ‘yes’.

    A neighbor who heard the shooting corroborates the wife’s account, “The only sirens I heard out here were like maybe 20-30 minutes into the entire ordeal,” said David Watson.

    Watson is very familiar with gunfire and stressful situations; he’s a Vietnam combat veteran, “I want to make this as clear as possible: you only heard the announcements after you heard the gunfire?” asked KGUN9 reporter Joel Waldman. Watson quickly answered, “Yes!”

    Raising questions about this assertion: “This was not a “no knock” warrant. We come in very high profile with lights and sirens. We go to the door. We pound on the door. We wait 15 seconds, and, then, we breach the door with a heavy tool and open the door,” explained O’Connor.

    Today, KGUN9 also learned SWAT Guerena’s neighbor’s house. “When I came home, the whole house was searched. All the doors were open. And, (our house) was searched through; it was like an invasion of privacy,” said Carissa Franco.

    SWAT says it was concerned about a hole in the Franco’s home, worried someone else could’ve been wounded. So, it said it did what they needed to get inside.

    So police are now authorized to enter and search your home as long as they shoot into it first? I don’t remember that part of the Fourth Amendment.

    Sheriff Dupnik won’t release any more information on the case his office announced yesterday;

    The Pima County Sheriff’s Department will release no more information about the circumstances surrounding the killing of Jose Guerena during the serving of a search warrant by the department’s SWAT officers May 5 at his home.

    Two weeks after the shooting the department has yet to disclose exactly what they were searching for in the Guerena home as well as three other residences in the area that were subjects of a drug investigation. Court documents that show what officers were searching for in the case have been sealed and what was seized as evidence has also been sealed.

    You may remember when questions arose from the department’s dealings with Jarod Loughner, the shooter in the Tucson parking lot incident, they immediately sealed all of the records on that case, too. I guess they figure that they’ll seal the records up until the furor dies down and everyone forgets.

    The Drexel Heights Fire Department released the tapes of Vanessa’s call to 911;

  • Indiana Sheriff: Let’s conduct random home searches

    On the heels of a 3-2 decision by the Indiana Supreme Court to disallow resistance to police searches of residents’ homes, an Indiana sheriff has decided that he has the authority to conduct random house-to-house searches. Not only that, but he thinks people will welcome a clear violation of their Fourth Amendments rights;

    When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, [Newton County Sheriff, Don Hartman Sr.] emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.

    Let’s review the Fourth Amendment;

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    What is it with these people who don’t understand those two pesky words “shall not” which keep cropping up in the Bill of Rights?

    In his dissenting opinion of the Indiana Supreme court ruling, Justice Robert Rucker predicted, correctly, it seems;

    In my view, the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally — that is, without the necessity of a warrant, consent or exigent circumstances.

    Not only that, apparently, government agents think that they have been given a green light by the people to kick down doors looking for a crime that the police are not even sure has been committed yet. If you click on Sheriff Hartman’s name in the first quote, the link takes you to his department’s website.

    I guess “protect and serve” is just another nice-sounding slogan.

    Thanks to Stu for the link.

  • Marjorie Cohn: bin Laden assassinated

    It seems that all of the world’s halfwits are going to write at Veterans Today. Our spotlight shines on the latest Marjorie Cohn. Some of you old timers may remember Cohn from the book review TSO wrote about her tome “Rules of Disengagement: The Politics and Honor of Military Dissent”. She also defended Matthis at his administrative hearing for his discharge and managed to get him the maximum penalty. Yes, she’s a member of the communist National Lawyers Guild just like James Branum.

    In Veterans Today, she tries to make the case that the killing of bin Laden was illegal;

    Extrajudicial executions are unlawful, even in armed conflict. In a 1998 report, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions noted that “extrajudicial executions can never be justified under any circumstances, not even in time of war.” The U.N. General Assembly and Human Rights Commission, as well as Amnesty International, have all condemned extrajudicial executions.

    In spite of its illegality, the Obama administration frequently uses targeted assassinations to accomplish its goals. Five days after executing Osama bin Laden, Mr. Obama tried to bring “justice” to U.S. citizen Anwar al-Awlaki, who has not been charged with any crime in the United States. The unmanned drone attack in Yemen missed al-Awlaki and killed two people “believed to be al Qaeda militants,” according to a CBS/AP bulletin.

    Blah, blah, blah. I’m pretty sure that Cohn and her crowd are just mad because bin Laden isn’t being held prisoner in the US and provide them with another site to which they can flock and fleece the public for donations to their anti-American organizations. When you’re a hammer, everything looks like a nail, when you’re a lawyer, everything looks like it can be litigated…including wars.

    Let me remind you of a bit of the history of the NLG. In the opening days of World War Two, the NLG was pro-Hitler and protested our impending entry into the war. that is until the Germans invaded Stalin’s Soviet Union, then they advocated for our participation, just like the Communist Party of the USA.

    Thanks to TSO for the link. he seems to be spending way too much time at VT these days.