Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Friday, October 01, 2004

Bush fights for freedom, while officers intimidate US citizens for exercising those rights

How JTTF intimidates civilians to be quiet about unconstitutional Patriot Act. Nebraska example.

Executive Summary

DoJ's JTTF is using local police to target private citizens who are concerned with the Patriot Act's constitutionality. Two officers, one a member of the American Legion's Americanism Committee, allegedly stopped an ACLU officer after a public viewing of a movie about law enforcement surveillance under the Patriot Act.

The two officers have allegedly made inconsistent out of court statements. It remains to be seen whether this is used as a basis to impeach either or both of the officers during a criminal investigation into their misoncudct, or during a civil suit.

One officer allegedly misrepresented himself as an FBI agent, allegedly made demeaning comments about the ACLU officer, and made inappropriate comments about the showing of a movie related to a matter of substantial public interest. It appears these officers have a prior history dealings with the Federal Government in Federal Court as civil-defendants and agents posing as hitmen.

It remains to be seen [a] to what extent the Nebraska officers' conduct is found to be the tip of the iceberg exposed in the Denver Spy files; [b] whether the Nebraska POST decertifies them; whether any substantial disciplinary action is taken; or [c] whether the associations these two officers are members take administrative actions against the officers in their private capacity.

Information and Discussion

The big mystery is: How will Vandenberg possibly get the opportunity to get refresher training, give the standard to attend training classes is as follows:

004.01A5b(4) Is characterized as being honest,
truthful and trustworthy. Ref


Here's an example of an already certified officer being denied the opportunity to apply for training, because they were not honest: Ref

Hall County District Judge Teresa Luther ruled on Tuesday that the Nebraska Crime Commission was correct in blocking Kevin Essman from admission to the Nebraska Law Enforcement Training Center in Grand Island. See 252 Neb. 347 Ref


  • Pattern of misconduct

    It remains to be seen how many other complaints have been rebuffed by the FBI. Ref. We have yet to understand how many reports in the FBI I-drive have not been adeuately forwarded to the US Attorney, or defendants and their attorneys in cases where Nebraska officers have trumped up charges, or been accused of perjury before the court. Ref

  • Decertification: Revocation of Certification

    PSAC has oversight and jurisdication.

    Hall County District Judge James Livingston ruled on March 29 that they did not, thus making the PSAC [Police Standards Advisory Council] a separate entity with the sole statutory authority to certify and decertify police... Ref


    Nebraska Statute governing the process to have a defendant's Nebraska Police Officer certification revoked. Archived/Back-up 264 Neb. 605 Ethics standards of the Nebraska Commission; Staff list.

  • National Database

    It remains to be seen what other law enforcement misconduct in other parts of the country continue because there is no centralized database. Why aren't all states included in the national decertification database? Ref

  • Nebraska Crime Commmission vacancy

    Let us not be surprised why there is a problem in Nebraska. The governing body of the Crime Commmission has 19 members, however the position designated, "Police Standards Advisory Council Chairman" is listed as vacant. [Ref -- page 2 of 7 [page 585] Ref; Director duties; "director" the same as "chairman" -- who's writing the legilsation on this?

  • Nebraska has no accreditation

    The above incident could not have come at a worse time. Accreditation has been a problem. How will Nebraska possibly regain accreditation with a problem like t his?

  • Civilian Oversight Board of Police

    The state has been decertified, key positions are not filled, and officers continue to engage in alleged misconduct outside their jurisdications. How many more problems does Nebraska require before there's a credible oversight system?

  • Jurisidication

    An officer from Platte engages in conduct appearing to violate the Lincoln goal to:

    Ensure that all persons may pursue their lawful activities without fear or impediment by maintaining public order. Ref


  • Prior inconsistent statements

    When the jury has to make a decision about the reliability of a witness, they look for prior inconsistent statements. Out of court statements are admissible if they can raise questions about the defendants' reliablity.

    The officer allegedly claims he never spoke to Butz:

    Lieutenant Vandenberg said Thursday that he had not talked to Butz or identified himself as an FBI agent. Liebig could not be reached for comment. Ref: Omaha World Herald
    Yet, if there was "no conversation" [as the officer allegeds], how did Butz get your name, Greg L. Vandenberg? Ref. It doesn't matter what was said; the "denial" is also admissible. It is further contrary to his interests to have denied something [a converstaion], when the ACLU officer could only have gotten the name had there been a conversation. Ref.Ref: Rule 804-b(3) exception to hearsay rule.

    Answer: Vandenberg and Butz did speak; and in my personal opinion there is a reasonable basis to question Officer Vandenberg's reliablity not only as an officer in the Nebraska State Police, but as an on secretary-treasurer officer in MATAI.

  • Reasonable doubts about the veracity of an "expert witness"

    Consider the larger issue. Vandenberg has a consulting service in Nebraska -- An expert witness like Vandenberg would know "not to make a statement" against his self-interests; so why did he first allegedly identify himself, and then allegedly have a discussion with another officer about denying that conversation occurred? Ref

    The apparent inconsistent statements [first identifying himself; then later allegedly denying that he had a conversation in which the identification occurred] raise reasonable questions and doubts not only about Vandenberg's reliablity as an officer, but as a private citizen in his presentations before the court as an "expert witness."

    Maybe there is no problem with this. Maybe I should expect this as the standard of conduct from all law enforcement. Curious.

  • Allegation: DoJ through Nebraska State Patrol targets those raising concerns with Patriot Act

    Two "off-duty" policemen who allgedly threatened a private individual because they were discussing officer misconduct following a movie. Indeed, the alleged abuses happen not just abroad in Iraq and Guantanamo, but at home, prompting a US Federal Judge to find parts of the act unconstitutional. Federal Statutes: 18 USC 912; more than false pretense required.

  • Intimidation: Local police allegedly lies about being Federal Officer


  • "Americans are fighting in Iraq so that citizens of that war-torn country might one day be able to do the same thing."Ref

    Ref: Tim Butz v. Greg Vandenberg and Norb Liebig, Nebraska State Patrol

    Butz alleges that afterward, Vandenberg identified himself as an FBI agent and said Liebig accused him of lying "and that I 'shouldn't come out to these small towns and scare people and stir things up.'"

    How many more examples of fascism do you want? The United States is supposedly fighting for freedom of speech in Iraq, but God forbid anyone actually exercise that right in the United States.

    What is Bush in Iraq fighting for? The right to write speeches for those who are "free people"? The right to fix elections in a country we "liberated"?

    Defendants: Subject of Internal Probe and civil lawsuit

  • Defendant Norbert Liebig

    Norbert Liebig, (308) 368-7846, 3768 N Game Trail Rd, North Platte, NE 69101 Map

    2003 Manager of the Year in Nebraska.
    Leibig posed as a hitman in a Federal sting.

    Former member of the Armed Forces, a member of the American Legion, and A Member of the Americanism Committee of the Legion. Involved with the Junior Law Cadet Program. Americanism committee doesn't like it when someone challenges unconstitutional acts of Congress:

    The Americanism committee at the 1923 convention called for "vigilance against teaching in public or private schools in Texas false or `doctored' history, or subversive doctrine" and "against textbooks tainted with foreign or special propaganda and careful study of textbooks used in schools." Ref


    Another description of the Americanism Committee:

    Through the following community and youth oriented programs The American Legion strives to further a strong sense of patriotism and good citizenship through patriotic observances, patriotic and civic instruction in schools, Americanization of aliens, information on anti-American propaganda and youth activities. Ref


  • Patriots are not above the law: Has the Americanism Committee gone too far?

    Chicago Tribune ran an interesting piece, "Patriots not above answering to the judge"

    "[N]o matter how grave the criminal threat that is being investigated, those who embark on surveillance projects of this sort have to justify them before a judge or some judicial authority." [Chicago Sun Times, "Patriots not above answering to the judge," October 1, 2004 in reThis


    Private Militias


    [intimidation, prior restraint; RICO; course of conduct; pattern of conduct]

  • Nebraska's "Denver Spy Files"

  • Why is "attending a movie" considered an "activist activity" and something that allegedly warrants "engagement" by counter-intelligence personnel? Ref

  • Why is non-criminal information ["attendance at a movie"] being gathered, stored, and disseminated by Nebraska law enforcement? Ref

  • What designation does law enforcement at the local, state, and federal level assign to citizens who attend a movie? Ref

  • Where did the officers in Nebraska get the information about the showing of the movie? Ref;

  • What lists are kept of those individuals who attended the showing?

  • How are these lists reviewed, stored, and forwarded to others in FBI, DoJ, CIFA, DoD, or other state, local, and federal agencies?

  • Why is there a strange similarity between the tactics used in Nebraska and the Denver Police Department? Ref

  • Nebraska American Legion

  • Are officers taking the law in to their own hand and deliberatly violating citizens civil rights in contravention to 42 USC 1983;

  • To what extent are private organizations like the Legion encouraging officers to intimidate the public into only saying things that are pro-American;

  • Are private militias indoctrinating their officers to engage in unlawful acts of intimidation against the civilian population for exercising their rights;

  • How far are the officers encouraged to go in ensuring that the public is "vigilantly" complying with arbitrary standards, and acting as government agents, thereby violating the First Amendment?

  • To what extent are groups like the American Legion fostering and promoting tactics and methods that are unlawful intrusions into private lives;

  • Does the Legion or other associations promote, encourage, advocate, or advise individuals in efforts to thwart the public in the free expression and freedom to assemble under the Constitution;

  • Non-criminal databases

  • Is local law enforcement and government providing personal information to unofficial private databases?

    Privacy Act limits disclosure of personal information for unofficial government business. How much information does local law enforcement reveal to unofficial militias using official government databases?

    Please define the relationship between a government's "official capacity" to collect intelligence, vs a private right to use that information to advance personal agendas at odds with the constitution.

  • Brady request compliance

    Information is taken, but does not appear in incident reports. To what extent do non-government entities have access to private law enforcement databases that do not officially report information in the incident files, but make this information for purposes of political intimidation;

    The FBI has failed to provide information in their I-Drives. How much information is contained in the unofficial law enforcement databases that are provided to non-government entities, but should be provided per a Brady request?


  • Defendant Gregory L. Vandenberg

    Address: Gregory L Vandenberg, (308) 534-8586, 3101 Meadow Ct, North Platte, NE 69101

    Vandenberg has been with Nebraska State Patrol for over 23 years, earning his 20-year recognition award in 2001. 51 of 51. He is the Secretary-Treasurer of the Midwest Association of Technical Accident Investigators, pictured third from left [This photo only].

    MATAI: Backup Photos of Greg Vandenberg

    Close-up.




    Greg Vandenberg: Third from Right [Note different location, than above group MATAI photo -- what was the reason for the change?].





    -------------




    Defendant in a Christmas Eve altercation; tried before Richard G. Kopf United States District Judge, 2002 7:01CV5003:

    the motion to dismiss filed by defendants Vandenberg, Dowling, Ayers, Phaby, Moody, Covert, Carter, and Parrish in their individual capacities shall be denied as to the Third Cause of Action;
    See also: 192 F. Supp. 2d 998, and 205 F. Supp. 2d 1107 in re Vandenberg's affidavit: Will Vandenberg soon visit Judge Kopf again; and will the associations do to Vandenberg do what other associations did to Stagemeyer: Force resignation of Vandenberg as an officer?

    "As a result of these statements, members of the community demanded that plaintiff Douglas Stagemeyer resign as president of the Eustice-Farnham School Board, which he did." 205 F. Supp. 2d 1107
    Maitai has members in both the US and Northern Ireland.
  • A position of public standing?ref:

    Greg Vandenberg, Secretary-Treasurer
    Nebraska State Patrol
    P.O. Box 1302
    North Platte, NE 69103
    308.534.8586 (home) 308.535.8047 (work) Ref
  • Relatives

    Gregory L. VANDENBERG: Parents: Robert M. VANDENBERG and Pauline WEBER. He was married to Nancy, winner of the 2001 Supintendant's Group Citation. [See p 49/51] Mother born in 1917.

    Promotions

    Greg was a "sergeant" in 1998; by 2004 he was a Lt and a public spokesman for Nebraska Police, despite the civil complaint against him, in re Judge Kopf.

    Consulting

    Proper documentation provided to supervisor to verify no conflicts of interest; how does NB POST feel about this?

    What kind of consulting are you providing, Greg; sure have alot of time to post your website to message boards; have you correctly filed and reported all your income derived from these services allegedly unrelated to your official duties with the Nebraska State Police?

    Gregory L. Vandenberg
    Vandenberg-Westfall & Associates Inc.
    P.O. Box 1302
    North Platte NE 69103-
    (308) 534-8586
    (308) 381-7855 [Facsimile]
    E-mail: greg302@aol.com
    Website: Archive here
    Consulting = Y

    Poland: Any record of financial transactions between US, offshore accounts, and Poland?

    ACTAR: Vandenburg's Accreditation number is 368

    Employment agency: Are you licensed in Nebraska to do this?

    Greg, why is your agency listed as an "employment agency"?

  • Troop D and Westfall Map Overlay

    Westfall location -- how far is that from Troop D; ever driven to work during duty hours, Greg?

    Locust Street address in Grand Island, NE.

    Distance between Troop D and Greg's office in Grand Island is 2 hours, 12 minutes Total Est. Distance: 143.03 miles; so let's check his fuel expense account. Did he charge fuel-expenses to his "official police credit card" that should have been booked as a private expense?

    Greg lives under 2.6 miles away from Troop D; can he explain his fuel expenses?

    Note: Troop D is at the intersection of 80 and 83, not well inside the zipcode; meaning that the distance that Greg should be driving from work to his desk-job at Troop D is far less than 2.6 miles.

    Here's their address

    Jct. Hwy 83 & I-80
    PO Box 1265
    North Platte, NE 69103

    Consulting address-map

  • Forest Fire Connection

    Greg, your home phone is listed as a reference for emergency numbers; what's the relationship between you and the Nebraska State Forest Fire Department; are you a volunteer fireman on the side?

    Ref

  • Drug detection
  • Ref

    Vandenberg Westfall & Associates Inc
    Grand Island, NE 68801
    Phone: (308) 381-7855
    Business Types: Drug & Alcohol Testing & Detection Services

    Greg, why do you have two addresses listed for your business--one in North Platte, and another in Grand Island?

  • Checking Account

    Greg, what kind of evidence can you provide that you have not commingled funds between Troop D, your private consulting service, and Matai?

    Treasurer Vandenberg’s report disclosed that the checking account balance was $8977.03. A motion to accept the treasurer’s report was made by Loyd Heffner with a second by Jerry Allen. Motion carried.


    Troop D Mission, Personnel

    Troop D is comprised of 23 counties in westcentral Nebraska, bordering Kansas on the south and Colorado on the west. It is commanded by Captain James Parish, assisted by Lieutenants Norb Liebig and Greg Vandenberg. Troop headquarters are located at the junction of U.S. Highway 83 and Interstate 80 in North Platte and houses the Satellite Crime Laboratory and an AFIS Laboratory. Troop D Communications staff operate 10 remote transmitting stations across the region.

    Troop D is served by 7 sergeants, 33 troopers located in 8 communities throughout the region. We have recently added a Community Service Officer to coordinate Community Policing efforts in the troop area. Troopers perform a wide variety of duties and provide assistance to sheriffs’ departments and police departments whenever requested.


    Who actually requested that you attend the presentation, and engage the "target"? Sounds like another JTTF-operation like they did in Guantanamo and Afghanistan. Is this a fair characterization or is there something that I'm missing here?

    Troop D is the intelligence-gathering focal point Ref

    The division is currently authorized to include 13 sworn officers and two civilian personnel. These employees take both a reactive and pro-active approach to enforcing criminal, drug, and liquor violations, as well as acting as the focal point of all intelligence processing and exchange in the region. 45 of 54; archive
    Nebraska State Patrol Intelligence Service-Liasion

    enforcement entities including federal agencies FBI, DEA, IRS, and the US Attorney’s Office were involved. These federal agencies worked with the following task forces; SEADE, III CORP, Tri-City, SNARE and NSP in these operations. The OCDETF cases are largely narcotic related, with the distribution of methamphetamine as the favorite. But not to exclude the focus on the money laundering aspect. The HIDTA analyst worked closely with the above entities, assisting in proffer interviews, search warrants, compiling information learned from the search warrants, and testifying in Federal court.
    Is that testilying? Nebraska State Patrol liasion with JTTF

    Did anyone bother to wonder why a Nebraska State Patrol officer pretended to be an FBI agent; and why the state police would be so interested in federal statutes? The answer is: The FBI uses the local law enforcement as the intelligence-arm of the federal government; and the FBI also provides information to locals on "persons of interest" that "need to be intimidated":

    The Law Enforcement Bulletin has had another successful year in computerization. Posting the issues weekly to the Statewide drive has made the bulletin more accessible in a more timely manner to officers in the out lying areas. Any contributions to the bulletin are welcome. Subscriptions include all law enforcement agencies in Nebraska as well as numerous agencies in the surrounding states.
    Too bad the Federal government doesn't actually provide funding through COPS for homeland security. All those intelligence-gathering requirements, but no funding for offsets. And the officers claim, "We don't get money from DoJ" -- what about the computer hard drives to store and forward information to DoJ? Ooops!


  • Other information

    Info on the movie shown. More details on the film shown -- here. Blog. ACLU promo for the film.

    According to this infomration the North Platte, Nebraska police have a bad reputation: ref in re Hauser.

    Here's someone the FBI and ACLU might want to talk to. Apparently he has first hand information and direct knowledge of a pattern of misconduct.

    The North Platte S. P. office has as history of unfairly harassing people in that part of the state. And, then denying it really happened. They're rude, disrespectful and flat-out liars. This has been happening at least since Dec. 1999. My family out there have been the victims of it.

    Scott Bendler
    sbendler@lps.org
    teacher
    Lincoln Public Schools REf See: message at: "10/01/2004 The North Platte S. P. office has as... Scott Bendler "


    The two officers are from N Platte, but the incident took place in Lincoln Nebraska, 1 hour west of Vandenburg's offices in North Plain.

    Burtz, isn't just an officer in the ACLU, but also the Bill of Rights Committee.

    Omaha has a DNA Dragnet and the FBI October Plan.


  • ACLU Nebraska

    For additional information on the Lincoln effort, or to get information on the Patriot Act, e-mail either the ACLU Office info@aclunebraska.org or the Lincoln Bill of Rights Defense Coalition at lincolnbordc@yahoo.com. Ref


  • Lies of Law enforcment: What is going on in Nebraska?

    They want the world to believe that they have no interest in "trivila matters." Yet, why are there so many questions about people's personal lives, questions unrelated to criminal activity, and why is this information stored in non-criminal databases, and why is this information not provided/included in the incident reports; and why are complaints rebuffed, but then the officers use the "proximity of that victim" as the basis to interrogate them about their personal choices?

    There is no merit to believe this:

    "Terrorism investigators have no interest in the library habits of ordinary Americans," the site says. Ref


    In fact, the officers are not only looking at things unrelated to terrorism but they are using the "absurdity of their questions related to personal habits" as the excuse to say, "We would never do that."

    They do! Law enforcement officers are liars, not to be trusted. Why are the officers asking questions about what people do in their spare time; what they think of the Patrio Act; or what is going on in their personal life?

    Of course the information is stored: How else would other officers have "the answers" to the questions that they were not present when asked.


  • Unequal Justice is the goal of this Administration.

    Stickers here: