Constant's pations

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

Monday, July 03, 2006

Home Seizure Threats In America

Americans are learning the risk of waging illegal war abroad: It fuels the mistaken belief that that the similar abuses and illegal activity is permissible at home.

The arrogant American war criminals in Iraq remain undisciplined. They have defied both their oath and Hamdan-recognized Geneva obligations to ensure that lawful requirements are implemented, not ignored. Rather than compel the American military to assent to the laws of war and remain civil abroad, the American public is told to tolerate that abuse at home.

What happens if you have evidence that the police are engaging in harassment? American law enforcement targets Americans who assert their Constitutional rights against arrogant, reckless police.

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Recalling Justice Scalia's words in Hudson: [Paraphrasing] -- We don't need to threaten the police with the exclusion rule, they're nice people; civil litigation will work all the time ["threat of litigation and liability will adequately deter federal officers for Bivens purposes no matter that they may enjoy qualified immunity”]; and

Recalling the President's assertion that he will do what he can to protect property, prompting: Why is he asserting a power that he doesn't have, to protect the private property rights of those he's abusing?

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In light of the above, it is reasonable to conclude:

A. Americans will have their property protected;

B. That if Americans have problems with law enforcement, they can file complaints and have the system ensure law enforcement polices their own.

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Reality check

This man and his family in NASHUA [ Ref ]:

  • Clearly posted that there was electronic monitoring; and the officer acknowledged the sign so stating; and

  • Politely asked the offer to remove his foot from the door, which trespassed on private property without a warrant.

    The police then said they could seize the home.

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    Conclusions

    1. Private property is not protected in America;

    2. Tangible valuable things are put under jeopardy;

    3. If you assert your Constitutional rights you are targeted;

    4. Police cannot read, feign stupidity, and will blame those who dare assert their rights; and

    5. Constitutionally protected property rights are bargained with: "If you drop the charges against the police for their misconduct, we will not seize your homes."

    6. Scalia's words are worthless;

    7. The threat of a civil action is what prompts additional police abuse.

    Lessons

    The Constitutional protections are a sham. The United states citizens are regularly subjected to abuse and mistreatment. If Americans dare assert their rights, the law enforcement will find ways to retaliate against those who dare know what is or isn't lawful.

    Law enforcement will use your ignorance of the law to abuse you; and then if you know the law they'll use your knowledge of the law as a basis to abuse you more.

    Overall Lesson

    Before you trust anyone in America, talk to a malpractice attorney who can kick your lawyer in the rear end. The problem isn't simply with the failed judicial system and sham constitutional protections, but with the illusory power attorneys have. Attorneys will go after those who dare point out that their arguments are stupid, and they have a reading problem when it comes to case law.

    Recommendations

    A. The exclusion rule should be enacted as a Constitutionally protected right;

    B. Law enforcement and attorneys should have a disclosure requirement to show their errors to the public, and provide fair notice of the risks before the public buys property in communities that have pervasive patterns of defective police oversight and worthless legal assistance. [Analogy: Medical malpractice disclosure requirement at the federal - permitting civil 42 USC 1983 discovery to expand into evidence-related matters to include NSA, FISA, and other data monitoring which would show there is a victim of unlawful NSA-JTTF data mining and abuse of power.
    level Ref ]

    * * *


    Ideally, law enforcement officers that violate the rights of others, or threaten to deny others their Constitutionally protected property should have the principle of reciprocity imposed:

    A. Have similarly protected rights and immunities stripped;

    B. Have property and other valuable things actually seized.

    * * *


    There's no merit to any argument that the United States isn't like the British Empire. The abuse under the Red Coats related to the dragnet-like approaches to invading people's homes, abusing the Colonists and engaging in pre-textual raids and home invasions.

    NSA surveillance and the Banking transfer searches (both done without adequate independent, judicial oversight) amount to an abuse of the illegal General Warrant system.

    The following remedies should be considered for the homeowner who had his home threatened with seizure, tape confiscated, and his home unlawfully invaded:

  • A. Damages for unlawful detention;

  • B. 42 USC 1983 damages;

  • C. Permit discovery on the reasons why law enforcement is enforcing a statute (related to electronic surveillance) which law enforcement violates by relying on FISA;

  • D. Costs reimbursed for all property damages, loss of tape, and other costs associated with public abuse of reputation;

  • E. Damages against the detective for abusing authority, violating rights, making unlawful threats, filing a false police report;

  • F. Requirement that law enforcement in the community work with FBI in the local area to make it clear that home protecting is a Constitutional right, and that all people -- even law enforcement -- shall protect that individual right

  • G. A review of the Police Chief investigations, previous assignments, and determination if there is a training-leadership problem stemming from the police chief, warranting removal;

  • H. A review of the city leadership-management-attorney to determine what information they have been provided in the past related to police misconduct; what action they took, if any; and what a reasonable supervisor in the city should have done, but failed to do long ago;

  • I. An injunction against law enforcement prohibiting them from violating the President's order to the DoJ AG that private property will be protected;

  • J. A request for feedback and comment by the public to discuss issues of police abuse, misconduct, threats, home invasions, and harassment against those who make reports;

  • K. A complaint through the 42 USC 1983 system and state police officer standard and training system and state board to review the pattern of misconduct within the jurisdiction;

  • L. Expansion of the 42 USC 1983 investigation to gather evidence related to the abuse of police resources, NSA-related information, or other FISA-related violations which law enforcement has abused in order to target civil leaders or others in the local community for asserting their constitutionally protected rights.

  • M. A DoJ AG report coordinated with the FBI, DHS, and DoJ OPR filed with the House Judiciary Committee detailing: The needed legislation to enact by Statute the above changes related to protecting private property rights, inter alia:

    - Permitting civil 42 USC 1983 discovery to expand into evidence-related matters to include NSA, FISA, and other data monitoring which would show there is a victim of unlawful NSA-JTTF data mining and abuse of power.
    - Outlining methods for the public to get Federal assistance in brining suit against local officials;
    - Providing a clear statement of what DoJ AG Gonzalez plans to do to ensure the DoJ OPR reviews these matters, despite DoJ AG’s decision to block OPR investigations; and
    - Outlining method to protect property rights with expanded civil rights permitting citizens to bring suit against law enforcement for threatening to seize property when there was no basis to make these statements.

    * * *


    Background Reading

    Alleged war criminal in American Army allegedly violates Geneva Convention by allegedly inciting violance against defenseless civilians, in contravention to the laws of war, his oath of office, and the UCMJ. [ Ref Hamdan: Geneva Applies in 2006 to Ameriican Military worldwide]

    The oath to the Constitution means something, and is enforceable: [ Ref ];

    Pre-emptive government oversight doctrine -- What is to be done when the Government (or lazy, arrogant war crimminals in Iraq and the JCS) might possibly violate the Constitution: [ Ref ]

    It is well known this leadership abuses American civilians, yet the excuses of "this was lawful or permitted" has been discredited [ Ref ];

    It is not lawful to suppress or classify information related to public discussion of criminal conduct or evidence of war crimes committed by America troops around the globe [ Ref ];

    The leadership will suppress information to avoid accountability [ Ref ];

    The American military is unlawfully interfering with domestic civil affairs [ Ref ];

    The American military was involved in 9-11 planning; [Ref ]

    War criminals in the White House linked to firms managing the NSLs [ Ref ]

    How to find the names of the American military and intelligence personnel who placed the explosives inside WTC [ Ref ]

    Reviewing the pre 9-11 classified exercises which the arrogant American military war criminals fully supported, and is documented in the Intel Link database Ref ]

    Confirmation that the White House and American military war criminals on the Joint Staff and currently deployed in Iraq were fully coordinating illegal activity long before 9-11, and fully coordinating their planned war crimes with civilians long before 9-11. [ Ref ]

    Continued war crimes planning by the White House, Joint Staff, and war criminals in Iraq to engage in illegal warfare in Iran, which the Supreme Court says is not lawful, and inconsistent with the Geneva Conventions which do apply and remain lawful requirements. [ Ref ]

    What can be done:

    - Draft a New Constitution which imposes timely, swift, sanctions on the arrogant war criminals on the Joint Staff, and those currently engaged in illegal war crimes in Iraq, to ensure that this Constitution is at all times above the military; [ Ref ];
    - Prosecute the arrogant DoJ Staff attorneys who have assented to these war crimes and failed to assert their oath; [ Ref ]
    - Expand the ongoing civilian Grand Jury inquiry into the war crimes currently affirmed to have occurred in re Hamdan [ Ref ]; and
    - Lawfully prosecute war crimes committed by lazy, stupid American military personnel who have unlawfully targeted civilians for engaging in constitutionally protected activity. [Ref ]