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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: illegal

Maybe to Your Town

17 Friday May 2019

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Maybe to Your Town

Tags

crazy, illegal, invasion, Trump

Certainly with your money. Donald “MAGA” “Build the WALL” Trump plans to resettle (let’s not kid ourselves) 225K illegal aliens … somewhere, somehow, someday.

The Trump administration is looking to hire a private contractor that will be responsible for transporting approximately 225,000 migrant children and families to shelters across the country over the next five years as they wait for their asylum claims to be processed.

ICE (the federal Immigration and Customs Enforcement agency) is seeking the services of a “highly responsible” contractor that “fully embraces the philosophy” of treating all unaccompanied minors (UACs) and family units (FAMUs) with “dignity and respect,” according to a federal procurement document dated May 13.

A responsible philosophy of dignity and respect. This sounds racist as hell to me! What are the other 30 million illegals supposed to do? Make their own travel arrangements? That actor guy was right about Trump! Maybe the SJWs were right about abolishing ICE.

A better idea, given that these are “children and families,” might be to build a big water park near to the Southern border. The ultimate ride could be a giant water slide tower, one that deposits thrilled UAC-FAMU frolickers right over the Wall.* Then again, I stopped making suggestions to the White House when they never answered any of my other questions and comments. At this point, go ahead and resettle all of them. I hear Trump Tower might have some vacancies.

*Would also require building the Wall.

Abolish the US Imperial Military

30 Tuesday Apr 2019

Posted by perrinlovett in Legal/Political Columns

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Tags

deep decline, illegal, invasion, military, useless, War

If the following is true (and, hey, we all know it is), then the US Empire’s armed forces are beyond useless, beyond absurd.

Acting Defense Secretary Patrick Shanahan has approved a Homeland Security request to assign 320 “personnel” to babysit illegal immigrants, driving them, feeding them and checking on their welfare, the Pentagon announced Monday.

The goal is to free up Border Patrol agents currently assigned to those duties so they can get back to patrolling the front lines.

The troops Mr. Shanahan has assigned the new duties will not be engaged in actual law enforcement and there will be Homeland Security officers present to handle actual custody of illegal immigrants, and to provide protection to the troops themselves, said Lt. Col. Jamie Davis.

Surrendering to foreign soldiers, on American soil, is one thing (and bad enough). This is utterly ridiculous. But, it has precedent. Occasionally, historically, conquering tribes would force some local eunuchs to act as their manservant slaves, as their babysitters.

Cue up that Lee Greenwood song. Maybe hit the Oxy.

Despicable Denny Proves a Point (Several in Fact)

31 Sunday May 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 2 Comments

Tags

America, banks, children, Congress, crime, Denny Hastert, Diebold, elections, evil, FBI, Federal government, felony, freedom, Geneva Convention, George Bush, government, House of Representatives, illegal, Illinois, immoral, Jesse Ventura, Jesus, law, Matthew 18:6, money, politicians, rape, Republicans, Structuring, Texas, The People, Tom DeLay, voting

Warning: the subject matter de jure is downright sickening.  The other day I stated that I really hate politicians.  If you’ve ever met or smelled one, then you understand.

News came last week of the indictment of yet another filthy, criminal pol.  It was spun in rather drab fashion I think.  People are so used to this sort of thing it’s not really news anymore. Yet, and still, the people clamor for their “representatives” whenever an election comes to town.  That’s proven point number one – the public is composed of voting idiots.

Dennis “Denny” Hastert was a Republican Congress-criter from Illinois. He served as the 59th Speaker of the House from 1999 until 2007. This coincided, largely, with the reign of Jorge Bush, the Dimmer.

You may recall how Hastert helped Bush double the national debt while creating new cabinet agencies and several undeclared wars – conservative stuff.  Proven point number two – politicians of any party and their governments are a band of criminals and the scourge of civilization.  Denny’s House Whip (the following story lends new and lurid speculation as to this term) was Tom DeLay. DeLay narrowly avoided a felony conviction and prison for election violations in Texas.  Hastert now faces felony charges of his own from the federal government.

Remember my piece on “Structuring?”  No?  Read it again for good measure.

Cash transactions in excess of $10,000 are automatically flagged by banks and referred to the FBI for investigation. No crime needs be committed.  Just withdrawing your own money for any reason is suspicious enough for the ever-nosey feds to examine.  One would think they’d be busy fighting terrorists or child rapists or something.

Anyway, it is also illegal to split cash deposits or withdrawals into smaller increments so as to evade the reporting process. It seems criminal intent is in the Eye of Sauron of the government beholder.  Consult the U.S. Code – 31 U.S.C. 5324 – for specifics on this idiotic law.

Dear Denny has been charged with structuring his cash withdrawals.  Some time ago he began to withdraw $50,000 at a time from his bank accounts.  Five times the “legal” limit, these transactions were automatically flagged.  The bank or the cops must have informed Denny because he began to make withdrawals (lots of them) at just under the $10,000 limit.  Denny withdrew several million dollars in such fashion.

These lesser withdrawals were noted by the bank.  Concerned Denny was being blackmailed or something, the bank reported the new, lower withdrawals to the Empire. While any cash transaction over $10,000 must be automatically reported any amount the bank deems suspicious can be reported on a “STR” or suspicious transactions report.

Let’s be clear for a second.  Your money is your money.  You have the right to do whatever you want with it and in any amount or combinations of amounts.  It is your damned property.  Or you should have the right.  The government and “your” bank are infringing your rights.  Thus, poor Denny is a victim of this Draconian, illegitimate law. Point number three – federal banking laws exist to control and hurt people.

Denny is also charged with lying to federal officials.  This proves another point of mine – do not talk to any officers or agents of any police force – ever.  If you’re not talking, you’re not lying.  Point four – do not talk to the cops.

It turns out Denny had a rather pressing reason to move his funds around as he did. Before Denny descended into the cesspool of Washington he was a fat teacher and wrestling coach at a high school in a small Illinois town.  Either from a deranged mind or a strategic training regimen for his future political career Denny began to sexually molest one (or more) of his underage male charges.

I have not researched the specifics of these allegations and I do not plan to.  I will assume they were lecherous, debased acts of the Jerry Sandusky variety.  It is technically possible Denny is innocent in this matter (the sex matter).  It is also technically possible a black hole will materialize overnight and swallow the sun, thus bringing a tomorrow without dawn.  The odds of both are roughly equal though weighted in favor of the astronomical anomaly.  Denny obtained the cash in order to pay off his would be accuser(s).  Child molestation or rape charges don’t help a grafting political career and may cause inconvenient jail time.

I imagine these boys (or boy) were younger and smaller than most.  Predators seek out the weaker members of the herd for attack.  In any event they were young men, children, in need of molding and guidance.  Instead, they suffered physical trauma and psychological damage no-one, especially a child, should ever experience.

Men (and women) who molest children should be disposed of in the most brutal manner conceivable.  Hastert, Sandusky, Michael Jackson, that lowlife down the block – not one of them contributes to society and each is a unacceptible danger.  Hang them from the highest trees.  This is point five:  “But whoso shall offend one of these little ones which believe in Me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea.” Matthew 18:6 (KJV)(mind you, Jesus says this tortuous execution would be better than what awaits the degenerate in Hell).

deeny the queer

(Cash, rape and politics.  Ready the millstone.  Chicago Tribune.)

One would think the government would be more interested in prosecuting child rape than imagined financial irregularities.  One would be wrong in America.  Jesse Ventura once noted the excellent point that people under the age of 21 are treated as children in America, forbidden to drink alcohol by the government.  The same government sends people under 21 off to war to die in jungles and deserts.  Thus, the U.S. government sends children to war.  This is a war crime under the Geneva Convention.

Sad, but true, in America the government cares more amount money and systemic process than about protecting innocent children.  Given enough time to metastasize all governments eventually behave with such disregard for morality.  This brings up point number six – government is utterly useless and extraordinarily dangerous. Tell that to the Diebold voting machine next time you are asked to sanction the system.

The Unfriendly Skies: Drones Banned In Augusta

18 Wednesday Mar 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

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Augusta, Augusta National, Charlottesville, citizens, Constitution, Courts, crime, drones, illegal, laws, Liberty, Masters, privacy, stupid, Syracuse, Thomas Jefferson, torts

Should you have the honor of attending this years Masters Tournament you may breathe easy – no pesky drones will disturb your golf gazing.  I doubt you were concerned to begin with.  You probably hadn’t even considered the idea.

Never apt to miss out on a non-issue the idiots of the Augusta City Commission has outlawed the (private) use of unmanned aircraft during this year’s tournament. “Hoping to prevent a drone disruption at this year’s Masters Tournament, Augusta commissioners approved a county-wide ban on launching or operating the remote-controlled aircraft between April 2 and April 13.”  Susan McCord, Drone ban in effect April 2-13, Augusta (GA) Chronicle, March 18, 2015.

The reasoning behind the ban is as solid as the air above the Augusta National: “Drones ‘have gotten very sophisticated,’ and Augusta has a ‘very big, international event’ coming up, said sheriff’s Col. Robert Partain.”  This is as logically connected as saying there are a lot of people in India and pillows are very soft, thus we must own lawnmowers…

drone1

(Bad drone.  Google Images.)

I was not present for the drafting, discussion or voting on this ordinance.  I really don’t think that matters.  The thing smells funny.  The Chronicle mentions a single incident whereby an event was disrupted by a drone – one event in Europe.  I have heard of no threat posed by non-government drones in America.  Government drones are another story; see: Don’t Drone Me, Bro! and Droning On and On.

Drone11111111-156150-165663-166189-172588-640x480

(Good drone.  Google.)

Other American cities (Charlottesville, VA, Syracuse, NY, etc.) have previously banned drones.  However, their bans are directed towards drones nefariously used by government agents in an effort to defend civil liberties.  Charlottesville, home of Thomas Jefferson’s home and University, has a “long tradition of promoting civil liberties.” Augusta has a long tradition of the opposite kind.

Here follows the pertinent and sensible resolutions of Syracuse’s ordinance:

BE IT RESOLVED, that this Resolution declares that no agency of the City of Syracuse, nor any agents under contract with the City, will operate Drones in the airspace over the City of Syracuse until federal and state laws, rules and regulations regarding the use of Drones are adopted that adequately protects the privacy of the population as guaranteed by the First and Fourth Amendments to the U.S. Constitution; and

BE IT FURTHER RESOLVED, that the Syracuse Common Council urges our Federal and State officials to create and adopt such laws, rules and regulations regarding the use of Drones which ensures Constitutional protections of individuals; and

BE IT FURTHER RESOLVED, that, to the extent permitted by law, it is the policy of this Common Council that no Drones will be purchased, leased, borrowed, tested or otherwise utilized by the City of Syracuse or its agencies, directly or through contract, until such Constitutional safeguards are in place, the appropriate personnel are trained and fully authorized by the FAA to safely operate Drones and that the Corporation Counsel of the City of Syracuse certifies that all City of Syracuse personnel engaged in the use of Drones have been trained in federal, state and local privacy laws, regulations, and enforcement mechanisms affecting drone operations and any data collected by drone operations…

Note that this ordinance is aimed at ensuring “Constitutional protections of individuals.” The Georgia version ensures a media monopoly for a single sporting event at the expense of the liberty of hundreds of thousands of individuals in the surrounding area. It is as stupid and illegal as it is unnecessary.

The National naturally desires to keep the most prestigious sporting event in the world private.  That is understandable; they have a right to privacy.  Happily, their rights and the rights of their patrons and golfers are protected by existing laws.  Flying a drone over the property without permission already would constitute a trespass and a nuisance – prohibited by both existing criminal and civil tort law.

Now, should you, as a news reporter, wish to film from the air the crowd entering the National patron gate, you are out of luck.  If you’re the President needing to remotely bomb demonstrators (terrorists), no problem.  A real estate broker surveying land, not this week.  A cop spying on a gardener, sure, why not.  Concerned citizen keeping an eye on one of the cops’ illegal roadblocks, you are a criminal.  See where this is going?

Something tells me that, if challenged, the Augusta ordinance will fall in Court – after the tournament is over, of course.  I have already heard of plans to defy the law.  One aviator proposes to use a balloon or kite to launch a camera skyward.  Whether the city defines these devices as drones or not they will likely prosecute this man.  They will lose. They will face a lawsuit.  Those hundreds of thousands of citizens whose liberties have been infringed will be forced to pay damages.  Sadly, those citizens will continue to re-elect the Commission.  The beat goes on.

If you come to Augusta for the tournament, enjoy it.  You’ll have a great, drone free experience.  If you live in the Garden City, consider moving somewhere else where your rights are valued.

 

 

Politics

27 Wednesday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 8 Comments

Tags

academic, Alex P. Keating, America, Amerika, anarchist, budget, bullshit, Congress, conservative, Constitution, coroporations, D.C., debt, Debt Clock, democracy, Democrats, Dennis Kucinich, drones, due process, Emperor Palpatine, entertainment, evil, faction, Family Ties (TV show), Federal Reserve, finance, Founder's Almanac, George Washington, government, Greek, H.L. Mencken, Heritage Foundation, history, illegal, insurance, interest, libertarian, libertarians, Liberty, lies, media, Medicaid, Medicare, military-industrial complex, Minority Report, money, Obama, ObamaCare, office, P.J. O'Rourke, parasites, Parliament of Whores, political parties, political theory, politician, politics, poly, ponzi scheme, Presidency, Rand Paul, Republican, Ron Paul, Ronald Reagan, Rush Limbaugh, Social Security, special interests, States, stupidity, tariffs, taxes, television, terrorists, the children, The People, three branches, ticks, War, Washinton, welfare

“Politics” comes from ancient Greek roots.  “Poly,” of course, means “many” and “Ticks” are little blood-sucking parasites.  Thus, “politics” means: many little blood-sucking parasites.  I really wish I could attribute that definition to my own genius but I feel overly honest today.

palpatine

(Emperor Palpatine, the ultimate politician. Source: Google Images.)

Wikipedia says “politics” is  “the art or science of influencing people on a civic, or individual level…”  See: http://en.wikipedia.org/wiki/Politics. 

I have studied politics (formally and informally) since around 1980.  In those days, everyone in the South tended to be Democrats, party-wise.  My parents were proud Democrats at the time and were horrified when Ronald Reagan won the Presidency.  I watched on.  As the years progressed, I decided I was a “conservative” and, therefore, a Republican, much like Reagan. 

I watched Family Ties back then and might have been influenced by the antics of Alex P. Keating.  Then came the Rush Limbaugh era; I listened everyday after high school while working as a runner for a local law firm.  I knew Rush was right.  Well, something in my subconscious had doubts.  In college I drifted into libertarian thought and have remained there ever since.  As the years pass I become closer and closer to a full-blown anarchist. 

During this time, while I descended from a believer in minimal government to a dreamer about no government, reality took a turn for the worse.  The whole of my dear country seems to have gone the other way!  Whereas we had a big government when I was a child, now we have a GIGANTIC monstrosity of a government that seems to grow geometrically ever second.

Hence my disconnect from the world of practical politics.  It is patently obvious that there is no discernible difference between the two major parties in America – they both lead to bigger and more controlling governance.  Over the years I supported several politicians in various ways – both Republicans and Libertarians (I have Democrat friends too).  My support usually faded away with my short, rambling attention span.  I have never been a member of any party. I am proud of that; I hate political parties.

Deer Ticks (file/credit: Getty Images)

(Politicians soliciting contributions.  Google Images.)

In his Farewell Address to the nation, President George Washington devoted nearly two pages to warning the people about party politics.  He began: “Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the Spirit of Party, generally.”  Thereupon he listed the many dangers of “faction” at the expense of Public Liberty.  He closed with a thought on excessive party politics: “A fire not to be quenched; it demands a uniform vigilance to prevent its bursting into a flame, lest instead of warming it should consume.”  See: The Founder’s Almanac, pp. 309 – 310, The Heritage Foundation, Washington 2002.  Given Washington’s fame and standing you would think more people would have listened; they did not and American “democracy” became an all-consuming conflagration.

H.L. Mencken wrote in the Minority Report (1956): “Under democracy one party always devotes its chief energies to trying to prove that the other party is unfit to rule – both commonly succeed, and are right.”  Mencken defined “democracy” as “the theory that the common people know what they want, and deserve to get it good and hard.”  Every election since has proved him right on both counts.

The most excited I ever got about any election(s) was in 2008 and 2012 supporting Ron Paul.  I knew then Dr. Paul was an anomaly in American politics.  My fellow citizens chose a different path and now Dr. Paul is retired.  With him, at the end of 2012, went Rep. Dennis Kucinich.  Washington is now devoid of any statesmen whatsoever and the only small impediments to Total Government are gone.  I would like to believe Dr. Paul’s son, the other Dr. Paul, will follow in his father’s hallowed footsteps; I don’t think it will happen.

I have decided to waste no more time following the stupidity (which worsens daily) of field level politics.  My personal academic concentration is now centered on political theory or philosophy and the history thereof.  A good friend of mine says that America is finished, like a $500 car in need of $5000 worth of repairs.  For our generation I fear he may be on to something.  Still, I hold some hope for the future.

My fledgling professional academic career is and will be focused on educating younger persons about the mistakes of faith in politics and government, the evils resulting from such faith, and alternatives to the status quo.

Perhaps the most honest book ever written about American politics is Parliament of Whores by P.J. O’Rourke (1991).  The title says it all.  Inside the reader will discover, among many other witty things, a whole section of chapters entitled, The Three Branches of Government: Money, Television and Bullshit.  Perfect.

Government and politics in general, particularly in America, really do center on O’Rourke’s three “branches.”

Money in politics is not necessarily the root of all evil, but it certainly is the tool of all evil in politics.  It takes a lot of money to get elected to national or state office in the first place.  Savy politicians set up campaign funds legally designed to break or sidestep any campaign finance laws in the way.  Then the ticks turn around and suck blood from any source to fill their funds.  Sometimes they contribute a little of their own money but most of it comes from “donors.”  People all over give a little here and there to help some bozo get elected; once elected the bozo ignores the little people.  The big bucks come from the special interest groups, they get the politician’s attention post-election.

Money flows into Washington, D.C. and the several State capitals by the dump truck load.  Giant corporations and the super rich constantly brib ..er.. give to elected officials in all kinds of ways.  Sometimes they support a pet project of the tick’s (charity, etc.), sometimes they provide booze and hookers, they give kickbacks and favors, and sometimes they just give plain old cash in brown- paper grocery bags.  The amount of money flowing into the Capital is astounding, but it pales in comparison to the money flowing out.

This year, like last year, the federal government will spend something like 3.5 Trillion dollars per its official “budget.”  I just put “budget” between quotation marks because Congress hasn’t put forth an actual budget, as required by the Constitution, in years.  Alarmingly, the vast majority of federal spending is on UnConstitutional programs.  The government spends a huge percentage of that money out of debt.  Fully a third of the budget is borrowed these days.  Check out the U.S. Debt Clock for a good fright: http://www.usdebtclock.org/.  In fact, I believe the borrowed sum exceeds the amount paid by individual taxpayers.  Corporations also pay for a larger portion of the budget than do the individual taxpayers.  However, as with any business expense, corporations pass their taxes along to customers via higher prices for their goods and services.  So the People ultimately pay those taxes as well.  Aaaaand, guess who guarantees the huge debts run up by the ticks?  Yes, taxpayers again.  So, Ma and Pa America have to pay for all the illegal, unnecessary spending of the government, even when they receive no representation for their money.

Like I said, most government programs are not grounded in the Constitution and are therefore illegal.  Of the $3.5 trillion spent, Medicare and Medicaid get about $800 billion.  They are not in the Constitution.  Social Security, the third rail of tick-dom, gets a similar amount.  Not in the Constitution.  Our never-ending, foreign, undeclared wars of aggression get a slightly smaller amount.  Being undeclared and indefensible, they to are also illegal.  The total of interest on the national debt, federal pension costs, and various welfare programs get a similar amount of funding.  Like undeclared warfare, specific welfare is also illegal.  As none of the programs are needed there is no need for all the federal employees vested in those pensions.  If the government didn’t spend so damn much money there would be no debt and, thus, no interest.  The “legitimate” functions of the federal government are mostly unnecessary anymore, and those that are should really only cost us a few hundred billion dollars per year at most.  That could easily be covered by tariffs and import fees – as the government was supposed to be funded and was funded for years without trouble.

I could go on and on with the money stuff but we still have television and bullshit….

Television is really representative of all major media, both news and entertainment, in this nation.  Whether you get your news on TV, from the radio, or from a print medium, it’s all the same.  The government puts out a line of crap and the media runs with it.  Very seldom in America are we treated to any critical reporting anymore.  Remember those special interests?  They own the media nearly completely.  Towing the line is part of the overall scheme.

This scheme extends into non-news entertainment.  Reality shows, pro sports, pop music and other trivial pursuits are the modern bread and circuses of Amerika.  While you drunkenly watch 300-pound men decked out in pink play with a ball, the government is stealing you blind and destroying your country.  The ticks laugh at you too.

Bullshit.  It’s a crude term but it accurately describes everything I’ve been writing about.  It’s also all you ever get from the government.  Mostly everything you hear, see, or read from the government or its pet media are outright lies.  Very little the ticks do is honest or important so they have to concoct wild stories to get you to go along – provided you even pay attention, most people do not.  For instance, when Washington goes to war the ticks always say it’s over something noble like “keeping the world safe for democracy” or “fighting the ‘terrorists’.”  Saying they want to keep profits high for the military-industrial complex (a special interest) doesn’t sound as good.  When President Obama announced ObamaCare, he didn’t say he wanted windfall profits for the insurance and finance companies of America (special interests).  He said it was all to help the children, or the less fortunate, or you and me.  Bullshit!

And when the government and the ticks tell the truth, it’s truly frightening.  The Whitehouse says it will use drones to kill Americans without Due Process.  You better believe they will!  When Congress authorizes an illegal ponzi scheme like Social Security or an illegal monopoly like the Federal Reserve (the biggest special interest of all), they do so openly and with impunity. 

My point is … well, I’ve already made it – I do not like modern, practical politics and for good reason. 

The next time you come into contact with a tick, instead of giving it money and voting it into office, get out the tweezers and the alcohol.  I’m Perrin Lovett and I approve this message.

How to Interact with the Police

26 Tuesday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 13 Comments

Tags

1791, 42 USC 1983, 911, advice, Americans, Armed Citizen's Legal Defense Fund, arrest, Augusta, authority, Bill of Rights, Bivens v. Six Unknown Federal Agents, citizen, citizen-police encounter, clients, concealed carry, Constitution, Courts, crime, don't talk, education, evidence, felony, Fifth Amendment, firearms, Georgia, government, gun, H.L. Mencken, illegal, incrimination, James Duane, law enforcement, lawyers, libertarian, Libertarian Party, Ludowici, militia, Miranda v. Arizona, Natural Rights, North Carolina, open carry, permit, police, public, right to remain silent, searches, Second Amendment, self-defense, self-preservation, sheriff, South Carolina, States, Switzerland, Terry v. Ohio, Vermont, warrant, witness, Youtube

Don’t talk.  Do not ever talk to the police under any circumstances whatsoever, ever.  Ever.  This is the general libertarian legal advice given by good lawyers who wish to spare their clients and anyone else listening the possibility of unwittingly implicating themselves in criminal activity, whether they were actually involved or not.

I like this advice and tend to give it to clients myself.  However, as with most legal issues, this matter is not quite that simple.  Well, maybe it is, but there are reasons why you might need to address the cops.  I’ll get to those a little later.

On March 10, 2013 I will address the Libertarian Party of the greater Augusta, Georgia area.  I was asked to speak on the subject of citizen interaction with the police in general and, more specifically, interactions involving a citizen carrying a firearm.  I will do so happily.  This column is a preview of what I will likely discuss.

There are two federally recognized (sometimes) natural rights which are affected by such situations – actually, they are different tangents of the same right – the right to self-preservation.  The first involves not implicating oneself in wrongdoing, the second involves the right of self-defense.  The Constitution lists these rights under Amendments V and II, respectively.  All State Constitutions recognize the same rights to a degree somewhere within their texts.  I’ll stick with federal language as a universal representation:

The Fifth Amendment reads: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The above subject primarily deals with the “witness against himself” clause, though due process is implicated as well.

The Second Amendment reads: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  This relates, obviously, to carrying a weapon while interacting with the police.

Both of these rights, despite laws and court rulings in their favor, have experienced considerable erosion since the ratification of the Bill of Rights (most rights have).  I will not necessarily discuss the origin of the rights, their history, or their decline herein.  As is, I will just accept them as plainly written.

Back to not talking to the police.  Many attorneys, including yours truly, generally advise against talking to government employees of any stripe, not simply the police.  This extends to telephone conversations (including 911 calls) as such calls are frequently recorded.  I recently posted a link to this video (Don’t Talk to the Police): http://www.youtube.com/watch?v=6wXkI4t7nuc.  The video is a 50 minute discussion of our subject by Regent Law School (Virginia) law professor James Duane.  The advice is excellent.  You’ll notice though that immediately after saying he will never talk to the police, professor Duane talks to a police officer.  There are almost always exceptions to a general rule.

I’ll cover a few of those now.  If you are a law professor who gives such a talk and you invite a police officer to participate, you will need to talk to the police.  If you’re a nice person who walks by a cop on a sunny morning, you might say, “Good Morning!” – that’s talking to the police.  If your child is kidnapped late one night you will probably call the police before anyone else.  If you are the victim of another type of violent crime you might talk.  If you are drunk, high, suffering from low blood sugar, or under a mental delusion, you might talk to the police, not remembering any of this advice at the time.  If your friend, relative, co-worker, or neighbor is a cop …  you get the picture.

Other government employees sometimes require your verbal attention too.  These examples are almost too numerous to list.  They range from telling a campaigning CongressCritter to buzz off when he disturbs your breakfast at the local cafe (happened to me once) to asking a clerk where the county vehicle tag office is.

Most of these examples are innocent enough.  However, sometimes the police arrest and persecute people for innocent interactions.  I had a client once who singed an insurance policy while paying for it.  He was later arrested and charged with felony insurance fraud based on his signature.  The crime didn’t even involve his particular policy.  In such cases, no advice is sufficient; one must engage a competent attorney and fight the system.

My subject matter here is really how to interact with the cops when you are approached about a possible criminal action wherein you might be a suspect. 

I recall from law school there are three tiers of citizen-police encounters.  The first is a simple and voluntary meeting (like some of my above examples) wherein the citizen is free to leave.  If you find yourself in a Tier One and you suspect the officer is probing you, ask if you are free to leave.  If you are, do so immediately.  Remember you do not have to say anything to the police no matter what they ask or say.  In these simple situations you can just walk away and terminate the encounter.

The second tier is known in legal circles as a Terry stop (see: Terry v. Ohio, 392 U.S. 1 (1968).  It is also more commonly called an investigatory stop.  That means the approaching officer is officially investigating some alleged or potential criminal wrongdoing.  The citizen is not necessarily free to leave and is technically under detention, even if temporarily so.  A Tier One becomes a Terry stop if the officer responds that the citizen is not free to leave.  At this point the citizen should shut up.  The exceptions are again to ask if you are free to leave or if you are under arrest and to tell the officer you do not consent to any searches.  Do not ever consent to searches.

The police are not supposed to arbitrarily initiate Terry stops (they do sometimes).  Rather, they are supposed to have “articulable suspicion” that a crime has or may have been committed and that the citizen is a likely suspect or witness.  The standard for such suspicion varies from jurisdiction to jurisdiction and by the individual case, though the common maxim is the officer must have something more than a hunch about the possible crime.  Fuzzy, yes.

Terry stops originate from many sources: tips or reports of crime, something the officer witnesses, an emergency, a man-hunt, or something else.  Frequently, the police have nothing at all in the way of evidence.  Thus, they turn to the citizen for incriminating evidence.  Citizens offer the evidence against themselves voluntarily in most cases.  If you ever saw the TV show Cops, then you know a suspect will immediately start babbling on about what he did or didn’t do.  This usually digs the suspect a nice hole – with bars.  This is why you shouldn’t say anything.  Do not help the police do their job.  At this point you will either be arrested, further temporarily detained, or released regardless of what you say.  Talking won’t help, so don’t do it.

The third tier is a formal arrest.  If you are arrested you must absolutely cease talking period.  At some point the police will advise you of your Miranda rights (Miranda v. Arizona, 384 U.S. 436 (1966)) – you know these from TV.  They will tell you you have the right to remain silent and that anything you say can and will be used against you.  Did you get that?  Anything you say will be used against you.  Give them nothing.  Under arrest you only make one statement, repeatedly in necessary: “I want an attorney.”  The police usually stop questioning at that point, sometimes they don’t.  Just do not answer or make any other statements – at all.  Be silent as you have the right.

Silence is the better rule in most of these encounters.  By talking you will either implicate yourself or possibly give the officer(s) something else to consider in your prosecution.  Sometimes officers hear things wrong or falsely report what a citizen says.  They can make you out to be a liar.  You’re not lying if you’re not talking.

I have been retained by several clients just over the issue of voluntary interrogations.  I stopped the practice entirely after so many such incidents.  The client would get a call from the police, asking the client to “come downtown” to answer a few questions or make a statement.  Once a client demanded to visit the Sheriff to make a statement all on his own – over a non-issue.  My constant advice to all of these folks was to not go and to say nothing.  Most did not listen and I had to accompany them to the Q&A sessions.  At those meetings I objected to each and every question the police asked and every statement the client uttered.  That did not stop most of these people.  I have literally watched as people talked themselves into felony prosecutions.  Seeing the process as pointless and potentially liability-inducing on my part, I stopped participating.  Don’t put your attorney through such torture.  Don’t talk.

I’ve also been hired by clients after they talked to the police.  I have read many statements and listened to many recording wherein a client essentially convicted himself.  Often, without their own damning, idiotic testimony through such statements, the government would never have had a case to try.  Don’t talk to the police.

Firearms add an extra dimension to the issue.  America is the most heavily, privately armed country in the world.  We should rejoice!  The primary reason for the Second Amendment was to ensure the People would always be able to fend off a tyrannical government, all other purposes are ancillary.

Unfortunately, much has changed since 1791.  Today, many Americans are afraid of firearms (and much else) and defer unwisely to the government for protection.  Their fears are fueled by a few isolated stories from the lamestream media.  Many of these cases, I suspect, are false-flag operations of the government, ginned up to alarm the frightened people.  Remember always – “The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.” – H.L. Mencken.

In the old days, no-one looked twice at a person carrying a gun in public.  It was what Americans did.  You can still find the practice accepted in many rural communities.  The practice is open and notorious in Switzerland (God bless the Swiss). 

Swiss Militia man

(A Swiss Militia member openly carrying a battlefield rifle in a grocery store.  The blonde woman is not concerned – free people are not.  Source: Google Images.)

The local LP sent me a video of a law student telling off a police officer who “detained” the student over a firearm.  I seem to have misplaced the video link.  You can surely find it or something similar on Youtube.  Here’s my take on the matter.  First, Americans have every right to go armed just about anywhere they want to, even though many jurisdictions illegally attempt to block this right.  Second, sometimes discretion is the better part of valor – more on that in a second.  Third, in the Georgia and much of the South, we are lucky to have pro-gun law enforcement.  Many officers welcome armed citizens. 

Let’s assume for argument’s sake, you encounter an officer with a dimmer view of freedom.  Georgia and most other States allow concealed carry of weapons – usually with a permit.  I think those permits are UnConstitutional.  A few States like Vermont do not regulate of require such licenses.  This issue is slowing making its way through the courts.  We will see what becomes of it.  For now, if you carry concealed, play the government’s game.

To avoid an unwanted and unnecessary confrontation over your gun, carry concealed.  If they (the police or the easily alarmed) can’t see the weapon, they can’t inquire about it.  Some State’s licenses come with the requirement that a citizen inform any approaching or present law officer that they have a license and are carrying.  North and South Carolina come to mind.  This is also UnConstitutional.  Georgia is not such a State.  Say nothing in Georgia.  In fact, if you have the gun well concealed, say nothing wherever you are.  If they don’t know, they don’t know – and they don’t need to.

If you carry openly, which is your right, you may expect someone to alert the police to “a man with a gun.”  As a result, you may be approached by an officer.  This would be a quasi-tier one/two encounter.  Carrying a gun itself is not justification for any suspicion of wrongdoing.  The police will inquire anyway.  They may go as far as to handcuff you while they check your license and the gun.  This a violation of your civil rights.  I had a friend who was stopped by a traffic officer in Ludowici, Georgia one night.  The officer inquired about my friend’s pistol and took the gun to “check it.”  The officer then announced he would have to keep the gun until the next day in order to verify it really belonged to my friend and was carried properly.  This was in keeping with Ludowici’s long-standing policy of public harassment.

Before I became really upset about the story my friend told me it had ended well.  The Ludowici police chief, realised his officer had broken the law, immediately dispatched a courier to hand deliver the gun back to my friend.  As my friend was happy, the issue died.  A bloodless victory is the best kind as we say in court.

However, if you find yourself in a similar situation, the best thing to do is keep quiet.  Do not tell off the officer as the afore-noted law student did, even though you are completely right.  The police sometimes get nervous and arrest or murder “uppity” civilians and make up a good excuse for their actions in their report.  The street is not the place to fight for your rights – unless the officer endangers your life.  You can use force against the police if necessary, just as you would against any other armed thug.  But, these situations are messy at best. 

It is usually after such an encounter you should act – by contacting an attorney.  You may very well have a civil rights action against the police (State or local) under 42 U.S.C. § 1983 (or a Bivens action against federal officers [Bivens v. Six Unknown Federal Agents, 403 U.S. 388 (1971)]).  An attorney can advise you in a particular case.

Two more specific situations, very briefly.  First, if you are involved in a self-defense shooting you will likely have contact with the police.  In such cases always identify yourself as the victim of the underlying crime.  In order to legally use deadly force against another, one must reasonable belive that one’s life is in imminent danger from a criminal actor who simultaneously posses the ability and the proximity to in fact endanger innocent life.  This is the general public standard, in most jurisdictions you have more leeway on your own property (stand your ground and castle statutes).

If you have to shoot someone (I hope you never do), report only the fact of the crime and that you ended it per the standard I just stated.  The police may want additional statements.  Do not make them.  Tell the officer you take the matter very seriously and that you need to, accordingly, speak with your attorney before making any additional statements or answering any other questions.  Again, if you are arrested (not always a given, here), say absolutely nothing.  I am referral attorney for the Armed Citizen’s Legal Defense Fund, based in Washington State, http://www.armedcitizensnetwork.org/.  The Fund has produced an excellent series of videos on this subject.  Legal and tactical shooting experts discuss in-depth how to handle these situations with your gun and with the law.  I recommend you purchase and review these videos. 

Second, if you are at home and the police knock on the door, do not open it.  Do not let the police in volutarily for any reason.  This by itself constitutes a consentual search (at least cursory).  If the police have authority (a warrant) to enter your home, they will do it rather than asking you for permission.  If they ask, they have no authority.  Don’t help them gain it.  I have former clients in prison because they opened a door for the police.  Don’t do it and don’t talk to them. 

Remember, in a specific case you may have, consult with a specific attorney for legal advice.

As for advice, nothing herein constitutes legal advice.  Consider this, rather, a general legal education.  When you see the police use common sense and do not talk if you can help it.  Doing the first and refraining from the second may save you many headaches.

Don’t Make A Federal Case Out Of It!

23 Saturday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 3 Comments

Tags

13th Amendment, America, Amerika, appeal, Article I, Articles of Confederation, Congress, Constitution, conviction, counterfeiting, crimes, faith, federal court, firearms, government, illegal, jury, justice, laws, laws of nations, Liberty, lobster, Lysander Spooner, narcotics, oath, pardon, piracy, politics, President, Ron Paul, slavery, strict construction, Supreme Court, terrorism, treason, trial, truth, U.S. Code

The title of this column is a common phrase, the equivalent of “don’t make a mountain out of a mole-hill.”  It is an admonishment to not blow things out of proportion.  I use it, here, as a legitiment plea.  Too many cases, particularly criminal cases, go through the federal court system.  “The more laws, the less justice!” remarked, Cicero, perhaps ancient Rome’s ultimate statesman.  I echo his sentiment as one of my favorite quotes of all time.

In general, in Amerika today, too many things are against the law.  In the old days you have to harm someone or actually threaten them with harm to find yourself in court.  Now, any excuse will do for a persecution .. prosecution, rather.   Owning certain plants is illegal, and not only the ones some people smoke to get high.  “Short” lobsters are illegal.  Not reading a contract in full is illegal.  Everything is illegal.  By the way, I write “Amerika (with a “K”),” like many commentators, to lament the decline of my country, America.  I have watched it change completely during my life, I’m sure you’ve noticed it too.

Back to federal criminal laws.  There are somewhere on the order of 10,000 criminal laws inside and outside of Title 18 of the U.S. Code.  Add to that the innumerable regulations which carry criminal-like penalties and the ways to criminally control and extort the people are almost limitless.

Remember that old rag called the Constitution?  It seems most people have forgotten it, especially those charged with defending and upholding it.  I am one such sworn defender who keeps it in mind more than most. 

Stock Photo of the Consitution of the United States and Feather Quill

(Birth of a government… Source: Google Images).

Oddly, I am not the greatest fan of the Constitution.  This shocks many people who know me as an ardent proponent of the document.  The Constitution was drafted for one reason – to create a new government.  Not being a fan of government, and not being able to find sufficient fault with the previous version under the Articles of Confederation, I view the Constitution and its child as unnecessary, dangerous even.  However, since we have it, one would assume we should use it.  The problem is we don’t.  “We” is misplaced.  The problem is the government’s complete abdication of the limits placed on it by the Constitution.

Lysander Spooner observed, over 100 years ago, “whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it.  In either case, it is unfit to exist.”  And, that was before the exponential growth of the present government. 

As is, I have sworn several oaths to support and defend the Constitution; therefore, I do so.  I read the Constitution literally (adhering to the “strict construction” view) and only put credence in what is actually listed therein, no more.

Back to federal criminal laws, again.  Do you know how many crimes are designated for federal prosecution?  The number is a little less than 10,000.  The Constitution authorized congress to make and allow prosecution of THREE crimes!  Those, all found under Article I, are: 1) counterfeiting money; 2) piracy and; 3) treason.  Most of these are almost exclusively committed by the government these days. They obviously don’t prosecute themselves absent exigent circumstances (political payback, etc.). 

Actually, there are other crimes acceptable as federal crimes.  The great Ron Paul, speaking in the House Floor, noted four federal crimes.  I would not dare dispute the Honorable Doctor.  Thus, I defer to his number, though I will question exactly what the fourth crime is.  There are a few possibilities.  I do not read expansively, as some do, that the other legitimate functions of the government authorized in the Constitution might lead to hypothetical or extrapolated crimes.  That reading is how we got to our present state of insanity.

The Constitution authorizes punishment for violation of the “law of nations.”  I’m not sure what that means but it is written.  The 13th Amendment outlawed slavery (I have a new series coming on the subject!) and provides for punishment.  That would be a federal crime.  It’s possible there are others but the number thereof is very short.

All other crimes, legitimate crimes, are left for state or local prosecution.  That’s what the Constitution says.  You can read the whole thing here and I recommend you do, frequently: http://www.archives.gov/exhibits/charters/constitution.html.

The federal government was never intended to be all-powerful, though it has assumed that god-like position.  Blasphemy, I say!  I have never thought of any easy way to reverse the course of tragedy in our laws.  Therefore, I have resolved myself to faithfully do what I can, individually, to maintain true allegiance to the Constitution, flawed though it may be.  I have met with little success.

Over my professional legal career I have undertaking criminal defense matters with great enthusiasm.  I have worked and tried many cases, including many in federal courts.  During my tenure I have never defended anyone charged with piracy, counterfeiting, treason, or slavery.  One client was close to counterfeiting – accused of identity theft which robbed people and banks of money, kind of like printing the stuff from scratch – like the Federal Reserve does with Congress’s illegal blessing.

Most of my clients were charged with any and everything else, though usually the cases involved firearms and narcotics.  Most of these defendants chose to enter pleas in exchange for reduced sentences.  Most (like 97%) of federal defendants do this.  This is a sad statistic.  Very few cases go to trial and the government wins most of those by a similar margin.  I have successfully had cases dismissed outright.  That is rare in any court system.  I also negotiated better than most attorneys for my clients and any reduction in punishment they might receive.  I am not really proud of that last part and I have found it difficult to accept.  The lesser of two evils is still evil.  I don’t like evil.

The last case I tried to a jury involved charges of terroristic threats against a government agency.  Such vague “threats” as they were probably would not have supported a prosecution had they been leveled at me or you.  Directed towards the government they were unforgivable.  The nefarious methods employed by the government to obtain an indictment and a conviction were similarly outrageous. 

The jury did not hesitate to convict my client, a truly helpless man who had done harm to no-one.  He was released with “time served” with the government’s blessing.  Frequently, they just like to remind people they are in charge, and no more.  I must admit most of the local officials I deal with are more honest and compassionate than the average.  Still, that does not change the system.  My client declined my suggestion of an appeal and even my offer to seek a Presidential pardon (those of usually reserved for “buddies” and campaign contributors).  My guy just wanted to get back to life as normal.  I understand his plight and decisions.

During the trial, before the jury was sent to deliberate the case, I made a legal motion to have the case dismissed for purely legal reasons.  Juries consider all facts in conjunction with the law.  Judges consider matter purely legal in nature.  My motion was three parts, the last being reference to the lack of Constitutional authorization for the charged offense.  The motion was denied completely.  The denial would have survived appellate review.  The courts have consented to Congress’s massive expansion of the criminal laws and the President’s prosecution thereof.  So much for separation of powers.

I have made the same argument before.  To my knowledge I am the only attorney in the area (maybe the nation) who still dares to do so.  I care not for erroneous appellate decisions.  Recall, if you will, that once the Supreme Court said slavery was a-ok.  It never was.  Likewise, honesty and justice compel me to recite the legal truth about law, Natural and statutory, over and over regardless of the ultimate outcome.  When I make such arguments the Courtroom usually goes dead silent and I have gotten used to icy stares.  I have also learned not to push my luck and that these arguments do not work.  Making a simple point is enough, I never argue to the point of being held in contempt.  I have heard others have done that.  I am too much of a coward to risk jail over moot points.   

Some have told me these concerns are better taken up with Congress.  All things being equal, that is correct.  Congress is supposed to be there to hear grievances.  Have you tried communicating with Congress lately?  It was largely a pointless endeavor in days past; almost no members of the assembly cared for truth.  With the departure of Dr. Paul, there is no point now. 

We have lost the greatest champion of Liberty since the passing of the Founders.  We have lost truth and justice.  At least we have 10,000 criminal laws to comfort us.  Enjoy!

Perrin Lovett

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