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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: justice

Laws Are Like Spiders’ Webs

05 Tuesday Jul 2016

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

≈ 2 Comments

Tags

America, crime, FBI, government, Hillary Clinton, justice, law, laws

“These decrees of yours are no different from spiders’ webs. They’ll restrain anyone weak and insignificant who gets caught in them, but they’ll be torn to shreds by people with power and wealth.” – Anacharsis the Scythian (speaking with Solon).

So it is as it has always been. Today a woman with power and wealth once against tore to shreds American law. Hillary Clinton may have broken the law but she won’t be prosecuted according to the FBI’s recommendation issued today. The federal government has a law for everyone and everything – part of its scheme to maintain total control of the population, nothing more. People in charge of sensitive, classified information, like a Secretary of State, are expected to go above and beyond to maintain the integrity of the information entrusted to them.

Accordingly, the law places on such special people a higher standard of what is criminal misconduct. Congress eliminated the intent element regarding data transfers and breaches so that even incidents of negligence will qualify as offensive. In most circumstances a person accused of a crime must be proven to have intended to break a law or cause harm. They cannot or should not be charged if they did something accidental that resulted in a technical violation. In these special cases though the law is much more demanding. The information trustee is presumed to have the need and ability to protect the data even against foreseeable instances of negligence or even accidental unauthorized dissemination.

Hillary laughs at the weak and insignificant. Pinterest.

Today the FBI rewrote the law in order to avoid charging Hillary.

There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was “extremely careless” and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.

Yet, Director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States.

  • National Review.

“Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is information that they were extremely careless in their handling of very sensitive, highly classified information,” [FBI Director] Comey told reporters in Washington, D.C., noting that the probe has found that the former secretary of state used several different email servers and numerous devices during her time in office.

  •  Politico.

The final say rests with the Department of Justice [SIC], parent of the FBI, which is under the control of Loretta Lynch (talk’n golf with President Clinton) and President Obama (Hillary’s boss and friend). Nothing will happen; case closed. On with the Democrat Party selection process and the general election. Even without criminal charges, do you want a President with a history of being “extremely careless” with classified information?

In any other investigation, right now an FBI agent would be applying before a judge for an arrest warrant. Anyone else would go to jail, go to trial, almost certainly be convicted of this crime, and probably do prison time. Well, anyone weak and insignificant would. Hillary is powerful, wealthy, special. Yesterday I put up a WSJ chart that shows (what I’ve talked about for years) that most people charged in federal court, who do not take a plea deal, end up convicted. And, almost all – the chart did not show this – almost all such persons enter into an agreement and plead guilty to something. Thus, those ensnared in federal prosecution (mostly for crimes the feds have no business prosecuting) are about 97-99% likely to be sentenced as guilty.

This is what we call a double standard. That’s what Anacharsis said to Solon 2,500+ years ago. It isn’t right. It isn’t justice. It is a clear sign that the real criminals are the agents of the state itself.

New Hampshire Nullification

20 Monday Jun 2016

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

≈ 1 Comment

Tags

America, Athens, Courts, English common law, freedom, Georgia, government, injustice, jury, jury nullification, justice, law, New Hampshire, Rome, stupidity, trial, tyranny

They are serious about “Live Free or Die”in the Granite State. A buddy of mine just bought a house there and I’m sure he will appreciate the following “leave me alone” news.

The New Hampshire House passed a bill that would make it the first state in the nation to require courts to inform juries of their right to vote not guilty when the verdict would produce an unjust result. This right, which all juries possess but may not be aware of, is called jury nullification. The bill is now awaiting approval in the Senate.

  • Free Thought Project, June 9, 2016

Yes, all juries in the United States possess the right and authority to nullify a law as it affects a particular defendant via a not guilty vote. Think of it as a vote of conscious. Here’s an example from a case that really happened. An underaged, teenage girl took some naughty selfies and sent them to a friend. Kids do stupid things like that. Governments do worse. The state where she lived (actually happened in multiple places) charged her with manufacturing and distributing child pornography – pictures of herself. The government even acknowledged her as both the suspect and the victim. This is near the absolute height of stupidity. A conviction would put such an innocent (if silly) girl on the sex offender registry, which is supposed to protect innocent (even silly) people from real predators. Supposed to. Really, it’s just another state scheme for power.

If such a stupid case ever made it to a jury, the jury could (regardless of the technicalities of the law) return a verdict of “not guilty” as a guilt verdict (even if correct under the law and by the facts) would be an injustice to the young girl – the victim also, remember.

The Free Thought story goes on:

Even if government has proved that someone is guilty under its law, a jury can let the person go free if it disagrees with the law and the punishment. This is one of the few ways in which citizens have power within the system to counter the irrational tendencies of centralized bureaucracy.

New Hampshire currently allows the defense “to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.” However, the House bill would have judges explain this right to juries which, according to the Tenth Amendment Center, makes it “more likely that a juror will consider this option.”

Judges would be required to make the following statement:

“Even if you find the state has proved all of the elements of the offense charged beyond a reasonable doubt, you may still find that based upon the facts of this case, a guilty verdict will yield an unjust result, and you may find the defendant not guilty.”

…

If the New Hampshire bill makes it through the Senate and past the governor, it will be an historic moment in the American justice system. The current legal system is hostile to the idea of jury nullification, with judges threatening “secret juries” and police defying injunctions by removing activists.

However, in past times, jury nullification was viewed as a primary and necessary function of juries. As the Cato Institute points out:

“You can’t find references to “jury nullification” around the time of the American Revolution. That’s because it was considered to be part and parcel of what a jury trial was all about. If jurors thought the government was treating someone unjustly, they could acquit and restore that person’s liberty. Jury trials were celebrated–and explicit provisions were put into the Constitution so that the government could not take them away.”

Perhaps New Hampshire can remind the nation that we are not bound by the dictates of government, and we still have the power to protect our fellow citizens from state-sanctioned injustice.

Openly hostile is putting it mildly. A few states indirectly dance around the issue. For instance, the Georgia Constitution expressly says juries are the judges of the facts and the law. However, in reality in the Peach State – as in most jurisdictions, the judge declares himself the arbiter of what the law is and how the law applies to a given case. Judges give “charges” on the law to a jury at the conclusion of evidence and arguments. Some, most charges are “pattern” and are given preemptively by the judge right out of a handbook (complied by other judges in conference). The parties can make special suggestions. But, in no case, will it be permitted to tell the jury they can find a defendant not guilty because they disagree with the law.

Judges put people in jail for contempt and even jury tampering for even trying to get the word out about nullification. That’s hostility in an attempt to preserve power. As CATO points out, this is part of the traditional system for juries. Not just in America and England but all the way back to Athens and Rome. The violent prevention of nullification knowledge is just another part of the near-terminal decline of the trial by jury.

republicbroadcasting.org.

New Hampshire is often in the vanguard of freedom fighting in the U.S.A. Let’s hope the Senate and Governor feel as strongly about decent legal tradition as the House did.

…well…

I did a little follow-up research and discovered that the Senate did not follow through. Instead, on or around May 5th they let the Bill (HB 1270) die a procedural death. Very noble of them. Perhaps more than a few members will suffer a similar electoral fate come November. Anyway, there’s always next session. Live free or nullify.

Amazing Justice: Hastert Sentenced to Prison

27 Wednesday Apr 2016

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

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Tags

America, children, crime, Denny Hastert, freedom, government, justice, law, Natural Law, prison, The People

Forget the bullsh!t of Trump and Clinton. Forget terrorism and the economy for a bit. Here is the feel-good story of the day! A federal judge, Thomas M. Durkin, took a rare opportunity to use his office and power for the good of the free and formerly oppressed people. God bless the man.

CHICAGO (AP) — Dennis Hastert, the Republican who for eight years presided over the House and was second in the line of succession to the presidency, was sentenced Wednesday to more than a year in prison in the hush-money case that included accusations he sexually abused teenagers while coaching high school wrestling.

Judge Thomas M. Durkin also ordered Hastert to undergo sex-offender treatment, spend two years on supervised release after 15 months behind bars and pay a $250,000 fine to a crime victims’ fund.

In explaining his punishment, the judge called Hastert a “serial child molester” and described as “unconscionable” his attempt to accuse one of the victims of extortion.

Hastert becomes one of the highest-ranking politicians in American history to be sentenced to prison. He pleaded guilty last fall to violating banking law as he sought to pay $3.5 million to someone referred to in court papers only as Individual A to keep the sex abuse secret.

Earlier in the hearing, a former athlete who said he was molested by Hastert decades ago told the courtroom that he was “devastated” by the abuse.

  • Michael Tarm, FORMER HOUSE SPEAKER SENTENCED TO MORE THAN A YEAR IN PRISON, Associated Press, April 27, 2016.

This sentence is vindication for Hastert’s real and long-suffering victims, the young men he molested. Fifteen months do not seen nearly enough for child molestation but, under these circumstances, it is as stiff a sentence as possible (no, I did not run numbers through the federal guidelines – going gut and by experience).

Hastert plead guilty to banking irregularities and was sentenced under the laws he once rammed through Congress. Judge Durkin though concentrated his discretionary authority on the underlying (underlying but all but admitted) crimes against the then children Denny molested. His insistence on rehabilitation and restitution are huge. They perhaps could serve as the basis for an appeal under the theory Durkin exceeded the scope of his proceedings. However, because Denny entered a plea the odds of a successful appeal are slim. My guess is that the demented scofflaw will slink or roll, rather (see picture), into the nearest minimum security prison camp (country club prison). If his medical claims are true he may be placed near or in a federal MCC for the duration of his sentence.

AP Photo

AP Photo/Charles Rex Arbogast.

The media seems shocked that such a formerly high-ranking official is bound for prison. I am shocked by the manner in which he is going – labeled as a “serial child molester” rather than as a bank defrauder. Like I say, every once in a while a little justice leaks out of the system. For nearly a year I dreaded this was going to be another case about money and power. Thomas Durkin managed to uphold the letter of the positive law and, more importantly, the spirit of the Natural Law. Hooray!

Exile of Justice: Snowden Offers to Return for Fair Trial

21 Sunday Feb 2016

Posted by perrinlovett in Legal/Political Columns

≈ 3 Comments

Tags

America, Constitution, corruption, Courts, crime, DOJ, due process, Edward Snowden, Fifth Amendment, freedom, government, jury, justice, law, NSA, Sixth Amendment, The People

Three years ago Edward Snowden worked as a contractor for the National Security Agency. Alarmed by the NSA’s massive invasion of privacy and violation of civil liberties he leaked thousands of pages of classified information about the program to the public. His revelations were really nothing new; anyone with both eyes open could have learned the truth about the spy agency’s sinister agenda nearly twenty years earlier. They watch and listen to everything and everyone constantly. It’s conceivable that even as I type this article an NSA computer is dissecting it. Certainly within minutes of my official posting the electronic analysis will be completed. The whole thing will be archived. If the computer senses a threat, I will be passed on to human analysts.

Most of these people spend their days on Facebook or playing video games. Usually they miss alerts. That’s good when it comes to dissenting bloggers, bad when it’s ISIS. However, if a human verfies a possible threat, an investigation may ensue.

Again, if the danger is real and the investigative methods legal, it is a good system. There are plenty of real bad guys out there. As for the method, most electronic gathering is accomplished via open air interception. Anyone with a good enough scanner can capture a host of free floating transmissions. If you want your communication secure, either encrypt it, mask it, or don’t transmit it.

Snowden discovered that when open intercepts aren’t enough the government will illegally wiretap and spy as necessary. The illegality comes from a lack of warrant, lack of probable cause, and a total absence of oversight.

Acting as a whistleblower he disclosed this scheme to the public. As thanks the American redneckery and law and order, evangelical types branded him a traitor; the government declared him a fugitive. He now lives somewhere in Russia.

His choice of refuge turns geo-politics on its head. Thirty years ago Russia was a communist dictatorship that kept the people in line through spying and intimidation. Back then America was a freer country, a proud defender of the rights of the citizenry. Things change.

Snowden faces prosecution and assured imprisonment for decades should he return home. Yesterday, via video, he told a group of New Hampshire based libertarians he is willing to come back and face the music – conditionally. “I’ve told the government I would return if they would guarantee a fair trial where I can make a public interest defense of why this was done and allow a jury to decide,” he said.

lady-justice1

Google.

The whole affair is pointless to begin with. Three years later nothing has changed. No tangible evidence of damage to national security has manifested due to the leaks. Another holder of classified information, who leaked the same, is a leading contender for President. The people, most of them, never heard Snowdon’s warning in the first place. Those that heard forgot having more important things to attend – television, tattoos, football, etc. The NH libertarians are part of the .003% that get it. They represent a statistical outlier, an anomaly not worthy of official consideration. The NSA spies on, unhindered.

If Snowden ever returns and is prosecuted, he WILL NOT receive a fair trial. Such things simply do not happen in 21st century America. In fact, the American courtroom is the last place one should expect to find justice. No one gets a fair trial. Most don’t get a trial period. Snowden knows this. Thus, he lives abroad.

He and his attorneys have explored a plea deal with the feds. Most criminal cases end in pleas rather than trials. This is because people understand the system is so corrupt, it is usually better to accept a shorter jail term by coping to lesser charges. There have been exceptions. I recall a woman in Alabama who, faced with criminal tax charges, took the IRS to court and won. James Trafficant did the same thing in the 1980s. Both were plain lucky.

Snowden is looking for something different. He asks that his trial be conducted according to the Constitution. The Sixth Amendment requires: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury … to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” It mandates due process of law. That will not happen.

The particular charges are tantamount to Treason, one of the three specifically enumerated crimes in Article One of the Constitution. I’ll give the government that solid ground.

An indictment against Snowden has already been issued by a federal grand jury. Such juries used to be an independent check on prosecutorial misconduct. Today they merely indict as ordered by the U.S. Attorney, being no more than a tool of the DOJ. Defendants do not have a say in the process and the government can present any information, true or false (frequently lies) anyway it wants. Thus, fairness has already been compromised.

The Fifth Amendment mandates Due Process and prohibits double jeopardy. Rest assured that if, by odd chance, Snowden beat the charges, the government could then charge him with something else. Or, they could declare him a material witness, enemy combatant, material witness enemy, leprechaun or any other term(S) they make up and just imprison him. Just because they can. They could also just kill him without pretense or explanation. Just because.

In between the grand jury’s lapdogging and the double jeopardy potentially lies the trial. At trial the government controls everything. They get to present any type of evidence they like, often as a surprise to the defense. The defense is discouraged from attacking said evidence even when it is demonstrably false. The judge will move heaven and earth to keep defense friendly information out of the show. Occasionally defendants try to put the government on trial too. Judges, being government agents themselves, try to stop this. Remember, Snowden could bring in thousands of pages of documents damaging to the state. His ultimate argument could be that even if he technically broke the law, he only did so to expose worse behavior by the feds, thus he is really innocent and should be acquitted.

Such argument leads to potential jury nullification of the specific law as applied to a specific defendant. This is not a theory but an ancient design, a final check against corruption where the entirety of the legal and factual circumstances are left to the enlightened determination of the jury. Judges will defy the laws of physics to try to stop this from happening.

Then there’s the jury itself. Ages ago juries were a collection of intelligent men who were peers of, actual friends of the defendant. Being his friends and knowing his character they could weigh the presented evidence against their knowledge, thereby forming a reasonable judgement.

Today elaborate safeguards are in place to ensure jurors have never heard of the defendant let alone be his friends. The government wants dumb submissive jurors who will easily go along with what they’re told. Modern society makes this a given. A jury is usually nothing more than twelve stupid, poorly dressed, uninterested saps who may just as well be assembled of random midnight Wal-Mart shoppers.

This is the program to which Snowden would return. Sad, yes. Comical, perhaps. Fair? Anything but. Luckily, modern Russia is a pretty nice place.

 

 

 

Tolkien on Mass Migration and Terrorism

20 Friday Nov 2015

Posted by perrinlovett in Legal/Political Columns

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Tags

America, civilization, communism, crime, Europe, evil, freedom, government, immigration, J.R.R. Tolkien, justice, Middle Earth, Paris, peace, society, terrorism, The Lord of the Rings, The People, The West, War

The Lord of the Rings is, in addition to a great quest epic, the chronicles of the great war of the third age of Middle Earth. As with any such conflict, real or fictional, a large number of people attempted to flee the violence and turmoil, seeking peace in new lands. The story is familiar to those of the 21st Century or any time of tumult.

All of Tolkien’s legendarium is a story of migrations. At the direction of Eru (God) the Valar first moved into Arda, for its shaping and management. The races of Middle Earth- Elves, Men, Dwarves, and Hobbits – continually drifted about in search of territory, happiness and purpose. The Men of Numenor migrated out of Middle Earth in triumph only to migrate back on the wings of the storm. Later the Elves took leave of mortal lands permanently.

During the War various folks were on the move, seeking to distance themselves from the imminent threat of Sauron. In the middle western lands droves of disorganized people headed north from the areas around Rohan and to such peaceful and open places as Bree and the Shire.

Many were residents of Dunland, more a place than a nation. Their plight was similar to the picture painted of those leaving modern Libya and Syria – in or on the borders of war.

As with our mass of refugees Tolkien described these disaffected people as mostly decent, seeking only better lives. Any disruption they caused may have been frowned upon but their situation was most sympathetic.

However, among the refugees were a large number of “ruffians” – men who desired to take what they wanted by force or theft. These would equate to the welfare-seekers and common criminal elements associated with the current third world migrations into Europe and America.

Worse still were the enemy agents who accompanied the refugees. More than mere ruffians their aim was conquest of the new lands – by any means necessary. Being relatively few in number, disorganized, and poorly armed they relied on guile and subversion, taking advantage of the native sympathies and naivety, and on acts of violent terror. They, for the most part, worked for Saruman. They were the ISIS fighters of Tolkien’s world.

*For those only acquainted with Peter Jackson’s movies, most of this history is unknown. Please consult the book.

ferny

This still may represent the totality of Jackson’s representation. Google.

Saruman initially sent them north for two purposes. The first was to establish a supply line to feed his military efforts. The second reason was a backup plan, to establish a new petty realm in the event (as actually happened) the wizard’s war effort failed.

These projects were underway even at the beginning of the events of the first book. Frodo and company encountered one or more of these invaders and their corrupted local allies during their turbulent journey through Bree. Back in the Shire the plan had already been unfolding for some time though it was largely unnoticed by the native populace.

Early on the happy little lands of the north were silently guarded by the Rangers, descendants of Numenor. At that time the invaders had to maintain secrecy or be crushed and driven back south. The open invasion commenced as soon as the guardians went away to war. The invasion was made easier by the long secret efforts – incrementalism in societal change. Like the proverbial frog in the slowly heated pot the native Hobbits and men did not notice the changes until it was almost too late. Parisian concert goers might appreciate this concept.

In Bree once the changes did manifest there was trouble. Mr. Butternut described the scene as a real “set to” – a battle. Fortunately, the Bree-landers were victorious and repelled the assault. They then essentially found themselves besieged. “Fortress Bree.” They were also, being a little closer to the war, beset by far worse enemies though they were generally spared harm except for fright.

In the Shire, no sooner had Frodo departed did fundamental reorganization begin. Saruman took advantage of the local greed of some. Not understanding his pawn-like nature Lotho Baggins began to acquire real estate, industries and power. All of this would soon serve the “refugees” purpose.

Step by step the newcomers transformed the land to their liking. By the time the Ring-bearers returned a year later the transformation was complete. A nearly utopian society had become a fascist dictatorship. Terror was the new law.

Any Hobbits who resisted were either murdered, disappeared, or imprisoned. The rest lived under a nightmarish regime of force and theft. Like good communist leaders the invaders devised a system of “gathering” and “sharing.” This simply meant they stole for themselves what the decent people produced. In a flash generosity became captive to larceny.

Once the changes were in place (and the greater war lost) Saruman moved in to rule his new caliphate. His servants lived fat and happy and lazily while the Hobbits suffered miserably. Such was the scene to which the four travelers returned.

Fresh from the war and having witnessed the triumph of good over evil they would not tolerate savagery at home. They immediately – even at the border gate – began an insurrection. In very short order and in a remarkably short period of time they raised the Shire and reversed the calamity. The Scouring of the Shire was the final battle in the War. The population was full of pent-up frustration and only required a spark to spring into action.

The ruffian terrorists were given two choices: leave or die. The Hobbits of the quest, Frodo in particular, had seen how the Men of Rohan and Gondor handled similar interlopers. In Rohan they had been the same breed as those which now plagued the Shire. Down south defensive force was justified and utilized to sort out the terrorists from the refugees. Those who surrendered and pledged good conduct were left alone (though not allowed to live off the host nations). Those who fought for evil were defeated.

So it was that Frodo organized the resistance. He wished to avoid any killing, even of the worst invaders, if at all possible. In the end the terrorists forced conflict. Merry and Pippin lead the brief military campaign and the violent savages were confronted, hunted down and destroyed. Those who finally surrendered were disarmed and booted out of the country with warnings not to return.

Saruman worked his own demise, politically and, in the end, personally. The Shire freed itself through resolute action.

Ours is a situation of similar circumstances if vastly different origins of those of the mythical Shire. Theirs was a simple libertarian society. We are plagued with omnipresent imperial governments given to meddling ruin.  Many participate in or support the government’s schemes. I suppose this article will primarily resonate with the modern Hobbits – with libertarians and panarchists. We have a decision to make …

For those of us in the real and modern world the time for resolution has come. Either we must act swiftly and totally or else face a rapid decline into barbarism. News comes hourly of perpetual invasion by the enemies of the West and their plans for unending Paris style destruction. It is now admitted there is next to no way to vet terrorist elements from the regular refugees.

As such, a line must be drawn in order to preserve free Civilization. Until vetting is possible (if ever), those mistreated souls deserve our sympathy but not our homes and blood. The violent must be defeated. Period.

The people are ready for action and restoration. They need only a spark.

Guilty: Students, Professors, and the Public Get Schooled by Big Brother

16 Wednesday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, Amerika, anarchy, bombs, Courts, crime, double jeopardy, drugs, due process, evidence, evil, freedom, government, injustice, Islam, justice, Justice Department, law, police, police state, prisons, probable cause, rights, schools, Sir. William Blackstone, State, statism, students, teachers, Temple University, terrorists, The People

Several years ago, when I was actively practicing law, I held a discussion with a class of highly motivated and intelligent high school students (mostly upperclassmen).  My subject matter was the economic and cultural chaos wrought by the modern police state.  To my joy the students, nearly every one of them, were not only aware of the issues I covered but were deeply concerned about the world they would soon enter as adults.  Many embraced good old-fashioned anarchy as a positive response to the daily deluge of state-imposed evil.

Another thing which struck me, and which I mentioned to the young people, was how much their public, government high school resembled a prison – both in physical appearance and in operation.  Of this too they were all to aware.

It was a nice, new, modern facility in one of the trendiest parts of town.  It was where the money went when they didn’t want the private school bills.  The halls were clean, the grounds attractive, the people were pleasant.  However, I noticed things which seemed better suited for a correctional facility than a place of education.

Back then I regularly traveled around to various prisons and jails.  Most have a familiar layout and feel.  So too did this shiny new hall of academia.  The building was made of interlaced concrete blocks, bare of ornamentation – like a prison. The rectangular halls, with classrooms on either side, were laid out in wings or pods, fanning from a central hub – like a prison.  The central hub housed the administrative office in what looked like a tall glass control tower – like a prison. Near the doors were metal detectors (not in use that day) – like a prison.  The building was patrolled by armed officers – like a prison.

I had met some of these officers, all certified in law enforcement, before in professional settings.  I tried several cases stemming from “criminal” school misconduct.  The cases usually involved drugs, alcohol, cigarettes or other earth-destroying calamities.  Every single one of them was also devoid or things like probable cause, evidence, due process, and common sense.  I beat every single case.  And, it took quite the beating to win them.

Another ancient legal protection absent from modern Amerika, especially concerning students, is the prohibition against double jeopardy.  The theory, best summarized by Sir William Blackstone in the late eighteenth century was the “universal maxim of the common law of England, that no man is to be brought into jeopardy of his life more than once for the same offence.” (Emphasis mine.)  This theory is but legend now.  Our children often face triple jeopardy over things that are not crimes in the first place.  Here’s a real world example (possibly a combination of different cases, all real):

Johnny saw the school psychologist who suggested Johnny be prescribed mind-altering psychotropic drugs for his nonexistent attention deficit (in reality Johnny was just a boy).  Johnny’s doctor prescribed the narcotics, which otherwise would be considered illegal under state and federal law.  Johnny became semi-addicted.  The drugs caused his brain to slow down.  While giving him the appearance of being calm and receptive the dope also seriously impaired his health, to include his judgment. Johnny became a zombie.

Now, under the influence of these otherwise illegal drugs, practically mandated by his school, Johnny ran afoul of the school’s idiotic policy on otherwise illegal drugs.  School regulations dictate that any and all medications prescribed to a student must be held for the student’s use in the keeping of the school nurse. Johnny so kept his medicine in the school’s care and keeping.  Remember, the drugs in question diminished Johnny’s ability to rationalize and act appropriately.

One day, under the influence of these dangerous narcotics, Johnny forgot to drop off a few of his pills with the nurse.  He kept them in his book bag.  Mind you that Johnny never had any troubles whatsoever with his teachers, his classmates, or anyone else.

Out of the blue, without warning, probable cause, or a warrant, along came the local Sheriff’s department and their trusty drug-sniffing dog.  My students told me periodic drug sweeps were common in the prison…er..school.  The dog did his unlawful job well and promptly located Johnny’s pills.  The pills he was forced to take.  The pills that impaired his ability to reason.  The pills that caused him to forget to follow the procedures of the school that forced him to take the pills. Johnny was in trouble.

Jeopardy the first: Johnny had to appear at an administrative school hearing and faced expulsion or a year at the “alternative” school – like the supermax prison of the school world. Jeopardy the second, under asinine state law, as a minor with a driver’s license, Johnny’s possession of “drugs” put his license at risk and necessitated another administrative hearing before a state officer.  Third, and worst, Johnny faced a criminal proceeding and the possibility of jail time.

Luckily, Johnny had a good attorney and beat the triple threat.  He was back in class, soon weened himself off the school dope, and became a college honors student.  Others in the system are often not that lucky.  Maybe you know one of them. Maybe you were one of them.  Others have noticed this phenomenon and written about it.

Today John W. Whitehead wrote: Public School Students Are the New Inmates in the American Police State.

From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

If your child is fortunate enough to survive his encounter with the public schools, you should count yourself fortunate.

Most students are not so lucky.

By the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.

Whitehead.

Whitehead notes the utterly insane militarization of the school police, who shouldn’t even exist in the first place:

In their zeal to crack down on guns and lock down the schools, these cheerleaders for police state tactics in the schools might also fail to mention the lucrative, multi-million dollar deals being cut with military contractors such as Taser International to equip these school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the transformation of hometown police departments into extensions of the military has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

As Whitehead states, the stories of abuse are “legion.” Students are being harassed, detained, and arrested for anything and everything.  One student was recently arrested for showing off his homemade clock at school.  Specifically, he was showing the clock off to his engineering teacher, who was duly impressed. Despite the fact the clock was obviously a time keeping device and impressed the shop teacher, its owner, a 14-year-old, was handcuffed and hauled away by police.

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Child Arrested for Chronometer Possession.  BBC.

The boy in question was a known Muslim and some feared his clock was a bomb. The criminal case was dismissed after the clock was verified to be a clock not a weapon.  I imagine the boy still faces school discipline in addition to the trauma he suffered during the incident.

This story almost makes sense.  Americans today face the threat of Islamic terror, largely because their government constantly stirs the Islamic world to the point of terrorism.  The same government then trains, equips and funds the known terrorists.  Worse, the government, almost out of malicious hate for the people, then import migrants from the areas where they have fostered hate and terror.  You can see this is definitely a problem.  But, it’s a problem with the state not with an aspiring young engineer.

Your government does not care, at all.  Frequently neither does the media nor the television-numbed people themselves.  Obey those laws!  Trust the state! Arrested means guilty, period!

William L. Anderson today recounts the horror story of the arrest and unlawful prosecution by the U.S. “Justice” Department of Xiaoxing Xi, Chairman of the physics department of Temple University, on espionage charges: Paranoia and Pernicious Prosecutions: The Department of Injustice Continues its War Against the Innocent.

The once-glorious standard of American criminal law – guilty beyond a reasonable doubt – no longer exists de facto in U.S. courts, and especially in federal courts. Furthermore, federal intervention in certain legal areas – and especially when highly-politicized accusations of sexual assault are made – has made it extremely difficult for charged individuals to mount a defense, even when a charge is ludicrous on its face.

Let me further explain. Had there been a trial federal prosecutors would have presented their evidence and Dr. Xi would have had to then rebut with his evidence. However, as became painfully obvious, prosecutors had no evidence. Instead, they had “evidence” that on its face was untrue because they had the wrong material. One imagines that prosecutors and their “expert” witnesses would have given jurors a lot of scientific terminology that would have been confusing, and when jurors are confused, they usually end up siding with the prosecution, since most Americans believe that an indictment itself is “proof” of guilt.

It would have been up to Dr. Xi and his defense to prove that federal agents had presented the wrong set of blueprints. The feds would have falsely claimed that theirs was the correct set, even though by then they surely would have known they were presenting false claims. This last point is important, because it is a crime to knowingly present false information to a jury, but prosecutors never are disciplined for doing just that.

Anderson.

As Anderson notes, the feds dropped their case once it was obvious they had no evidence.  Xi pretty much lost everything – his reputation, his position, his peace of mind as an innocent American – all because of groundless charges brought without evidence.  Evidence is (or used to be) critical for a criminal case and conviction.  In my career I had similar criminal cases in federal and state courts fall apart due to a complete lack of evidence.  More on some of those in another column or two.

Many do not care about standards of evidence, due process or about the rights of people in general.  See: here, and here, and here.  That last “here” link is to a story I did about an innocent man shot by the police in Atlanta in his own home for no reason.  That narrative has played out yet again:

Fearing for their lives, California deputies opened fire on a man who was recording them with a cell phone from the garage of his home Friday, claiming they thought it was a gun.

Sacramento County sheriff’s deputies then searched the man’s home, finding no guns, before they apologized and went on their way.

Fortunately, Danny Sanchez survived the shooting, ending up with only bullet fragments in his legs, which he was having removed through surgery on Friday.

And although deputies apologized to Sanchez, they are pretty much unapologetic for their actions because, you know, officer safety.

 Carlos Miller, PINAC News.

Pitiful action by pitiful men.  Scared of a cellphone.  “Sorry we shot you.  Well, have a good day, sir!”  And the lemmings among you will still praise the deputies and chastise the victim.  “He should have obeyed the law!”  He did.  “You have to respect the police!”  No known disrespect even after they almost murdered him. Reality is doing a really poor job convincing the state-worshipers their’s is a false god.

For you, the sane, eye with distrust the machinations of government: its foreign policies; its immigration policies; all its policies; its schools; its courts; its police. All the laws and all the agents serve but the government and its owners. You and I are either obedient servants or criminal enemies of the state.

Note: This article was originally intended as two separate parts. As the subject matters – schools as prisons and more prosecutorial/police misconduct are related, I combined them, here.  This also promotes reading economy.  You’re welcome.

A Rare Case of Justice

08 Tuesday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, corruption, Courts, crime, Georgia, justice, William Anderson

William L. Anderson had a great article today on real justice in America (Georgia of all places): You Really Cannot Make Up This Stuff: The Ordeal and Vindication of Tonya Craft.

Accused: My Fight for Truth, Justice, & the Strength to Forgive,by Tonya Craft with Mark Dagostina, BenBella Books, 2015, 348 pages, Hardback.

To give a brief synopsis of Accused, Catoosa County, Georgia, authorities in 2008 charged Craft, then a kindergarten teacher, of 22 counts of child molestation, with the three accusing children being two daughters of former friends, along with her own daughter. Not surprisingly, she lost her job, her two children, her home, and was vilified in the local media.

Craft endured a five-week trial in April and May of 2010, and in the end, the jurors declared her not guilty. The trial itself was a farce, a spectacle that one had to follow closely to believe. The judge permitted the two prosecutors to run the proceedings and acted as a third arm of the prosecution, openly declaring his disdain for the defense. However, despite all efforts to rig the trial, the jury gave its pronouncement and the two prosecutors literally ran from the courthouse to their vehicles, one of them covering his face with a notebook. As the title of this article states, you really cannot make up this stuff.

I have written before about the decline of the jury trial in America. This story today is inspiring as it is rare.

You can find Ms. Craft’s book here.

51fxzGPF6AL._SY400_

Amazon.com.

Perspectives on Madness

30 Sunday Aug 2015

Posted by perrinlovett in News and Notes

≈ Comments Off on Perspectives on Madness

Tags

America, crime, insanity, justice, murder, peace, race war, The People

I strive to bring you quality information with a twist. Last week I posted on the sad, demented murder spree of Vester Flanagan. Several months ago I wrote about the “race war” lunatic Dylan Roof wanted to start on behalf of redneck racists everywhere. Vester answered the challenge for the gay, black, psycho set. You probably see the correlation.

There’s a lot I could write about these travesties but I am tired these days. And, other commentators have filled the void with masterful observations. If I can’t write it, then I like to bring you the best of the social commentary world. Here are two of the best breakdowns I have come across concerning Flanagan’s rampage:

Michael Snyder observes People are Going Crazy. I reside, part-time, in the real world and I know this is true.

Why in the world can’t we all just learn to love one another and respect one another?

Instead, the mainstream media and many of our “national leaders” are constantly fueling racial tensions in this nation.

An atmosphere of hatred and violence is seemingly being purposely created in America, and we are starting to see some really bizarre things happen.

William Grigg, who chronicles the deprivations of the American police state, notes Vester is seen as a Social Justice Avenger of sorts.

“Crime is contagious,” observed Brandeis in the Olmstead v. U.S. decision nearly a century ago, when the surveillance state was in its larval stage and wiretapping by police was looked upon with horror. “If the government becomes a lawbreaker, it invites every man to become a law unto himself…. To declare in the administration of the criminal law the end justifies the means – to declare that the government may commit crimes in order to secure the conviction of a private criminal – would bring terrible retribution.”

In the deranged outpouring that has inevitably been christened a “manifesto,” Flanagan name-checked prior mass murderers and claimed that “what sent me over the top” was the murder spree in Charleston by the similarly demented bigot Dylann Roof. Acknowledging that it is perilous to seek a thread of rationality in the tapestry of delusion woven by Flanagan, I would suggest that he clearly regarded the “nasty racist things” he supposedly experienced as a “gay black man” as offenses worthy of violent reprisal.

Wouldn’t it be great if all of these homicidal losers could get together somewhere and have their war independent of the rest of us?!

lalo alcaraz

Google.

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Trial By Jury, The Yellow Ribbon Myth and the Decline of an Ancient Institution

29 Wednesday Apr 2015

Posted by perrinlovett in Legal/Political Columns

≈ 6 Comments

Tags

alternative, America, Amerika, ancient, Arizona, Boston, case, Cicero, Courts, crime, English, freedom, greece, guilt, jury, justice, law, Magna Carta, men, Milke, Ninth Circuit, order, peers, people, rights, Rome, terror, trial, Tsarnev, U.S.

The ancient Greeks and Romans had the crazy idea that a man accused of a crime should have the benefit of a public trial.  During this ordeal the accusing party (the State) would have the burden of presenting facts, which might establish a crime.  The Sword of God crowd would hold these base allegations sufficient to show the underlying criminal act.  Our ancient ansestores had other ideas.  To them the issue was important enough to warrant consideration by an assembly of impartial justices – a jury.

Of old the jury consisted of various members of the accused’s peers.  These were his friends whom knew him well.  Why were such pre-disposed men considered impartial, as they were friends of the accused?  The idea was that, being men of honor, they would hear the evidence and weigh it in their minds fairly regardless of their relation to the suspect.  The fact that they were friends of the accused served as a check against an illicit prosecution.

If “X” was charged with a baseless crime, the jury might collectively judge that, “yes, X is given to bouts of indiscretion, but he would never do something like this.  Or, they might find that X, while am affable fellow, might be the sort who would commit such an act as alleged.

The system, while not perfect, worked well.  In Rome, such trials were reserved for the upper classes – for men of privilege.  Commoners were generally tried by magistrates in shorter, more informal settings.  These lessor citizens, being of lessor importance, faced lower burdens of proof and lower levels of punishment.  Fair if not.  Members of the elite classes, given to higher responsibilities, were treated to high levels of justice.  See the defense of Milo (a murder suspect), presented by one Marcus Tullius Cicero, one of the greatest lawyers of antiquity.

This theoretical approach to justice lived on after the 5th Century, being embodied in the Magna Carta, a core right of Englishmen.  Thus, the right to a jury came to America.

Today this right is practically non-existent.  In modern Amerika a jury trial, while nominally “of one’s peers” is one assured not by your peers.  The fact is that very few criminal prosecutions end with a trial.  Most of those end with a conviction (the vast majority).  This is due to the overwhelming influence of the State and the extremely limited powers of the accused to resist such influence.  Every effort is made to ensure that the jury does not, in nay way, know of the accused on a personal level.  Further, only those enslaved to the power and suggestion of the accusing State are favored or empaneled.  The system has been turned on its head.

Lately, several high-profile trials have made the news; these illustrate my point that there is no right to a fair trial in Amerika.

In 1989 Debra Milke was tried for the murder of her four-year-old son, Christopher.  A jury (not of her peers) found her guilty – based solely on the unsupported testimony of a rogue police detective.  Despite all indications of innocence the State’s chosen jury found Milke guilty.  Thus, for several decades Milke lived in the daily terror of Arizona’s death row – dimmed to die for a crime she did not commit.  The guilty parties averred she had nothing to do with the crime.  This did not matter to the State until the matter was finally (thankfully) reviewed by the U.S. Ninth Circuit Court of Appeals and the Arizona Supreme Court.  See also: Arizona Supreme Court Won’t Allow Retrial of Debra Milke. The prosecutor is, naturally, frustrated by this untimely carriage of justice.

Milke was blessed by higher intervention.  Too often the innocent in Amerika are executed for crimes they did not commit.  A recent admission shows that the FBI and its crime lab have doomed at least a dozen innocents to death.  You have probably never heard of these cases of injustice.  So it goes.

Thus do the innocent, robbed of true justice, resort to filing pleadings in courts entitled, “F*ck this Court.”  This one warrants reading and consideration.

Debra Milke faced execution because a heartless police officer lied under oath.  The officer has since “taken the fifth” so as to avoid prosecution himself for his lies.  The citizens of Arizona will pay millions of dollars to right this injustice.

A thousand miles away, in Boston, Dzhokhar Tsarnev has been found guilty of the Boston Marathon Bombings.   His was one of the most bizarre trials I have ever heard of. See: Boston Marathon bombing trial: 18 jurors at a glance.  The jury was selected based on their indifference toward the accused and their alliance with the state.  Tsarnev was not allowed a defense.  Rather, he, by way of his “counsel,” admitted guilt but relied on specious allegations of the undue influence of his older brother.  His brother and other key witnesses were, conveniently, dead.

The case was tried backwards.  The prosecutor first present victims of the bombing and their woeful statements – this usually comes after guilt has been established, during the penalty phase of the trial.  Tsarnev’s counsel never even questioned these witnesses.  The government then presented an unopposed fable of how Tsarnev constructed and utilized homemade bombs.  Again, no challenge came from the “defense.”  The lack of direct evidence was deafening.

Having admitted guilt and completely failing to challenge the government’s base allegations it was a given fact Tsarnev would be found guilty.  They strategy (if any) of his counsel was that he would attempt to evade the death penalty by way of the supposed undue influence of his dead brother.  Charming.  Pathetic.

It is entirely likely that this young man played a part in the bombings.  Thus, he deserves execution for his crimes.  However, I have long suspected he was only a pawn in a false-flag operation designed to test America’s willingness to endure a police state (shelter in place, and all that).   We will never know the truth here.

As a former criminal defense attorney I am well aware of the failings of the modern, American jury system of “justice.”  Here follows the entire account of one of my trials in federal court, before a jury and bereft of justice.  The names have been changed to protect the innocent, the guilty, and me.  This story was originally designed for publication (never achieved) in a major news journal:

The Yellow Ribbon Myth: Amerikans Do Not Support The Troops, Nor Justice.

Do you “support the troops?” One sees countless bumper stickers proclaiming such support. I no longer believe the propaganda. When someone says, “I support the troops,” I hear, “I support the government.” This concept was made painfully obvious to me during a criminal trial last fall.

My client, “Donny’s” case, in a U.S. District Court, 2012:

I’m am calling my client “Donny” as I have not yet sought his permission to use his name; I also may be restrained from using certain facts due to Orders of Sealing/Impoundment.

Donny enlisted in the U.S. Army while in high school and completed basic training the summer before his senior year. Donny received an appointment to West Point though, after one year, he stopped his education and entered the Army as an enlisted man. He served with the 375th Ranger company in Afghanistan where he was forced to kill men, women, and children. The experience haunts him daily.

While in the field and during additional training he sustained major injuries, which necessitated his retirement on disability: I think his physical was 50%; his mental injuries (PTSD, psychosis, etc.) were 100%. During his tenure he rose to the rank of Sargent and was awarded so many medals and commendations that multiple forms DD-214 were necessary to list them all.

He received continuing physical and psychiatric treatment at the Augusta, GA VA hospital; they placed he on enough narcotics and psycho-tropic drugs to turn anyone into a zombie. His mental condition was initially rated as temporary. Throughout 2011 he pursued the status of “permanent and unemployable.” During this time he suffered marital and mental health-related troubles daily. Towards the end of his bureaucratic ordeal he made a phone call to the VA national “service” center.

During the (recorded) call he made statements which the VA took as terroristic threats – they alleged he said he was going to the regional VA office in Atlanta to kill the first 3,000 people he encountered using unspecified weaponry. My review of the call lead me to believe he was not sane during the call, that the government’s allegations were a wild, composite stretch of the words used, and that VA’s service isn’t. He was originally arrested on State charges. He was legally carrying a pistol at the time though the arrest was without incident. Damningly, his permanent status was approved the next day. He was released on bail only to be rearrested by the feds, charged with violating 18 USC 875, interstate terror threats (a 5-year maximum felony). Had he specified a “weapon of mass destruction” he would have faced 40 years in prison.

I was appointed as defense counsel and immediately moved for a psychiatric evaluation, thinking this would easily end the case. After several months I received a lengthy report from the MCC New York which exhaustively listed Donny’s chronic mental problems and concluded he was permanently psychotic. However, the good (government) doctor also stated he was obviously sane at the time of the call and competent to stand trial.

We elected to present the matter to a jury, figuring no twelve people could possibly convict a sick man for seeking help from the only source available. We were wrong. The government’s doctor explained the extent of Donny’s condition. The VA representative from the call stated she was not threatened by Donny’s language. The VA stated they did not take any defensive measures when faced with this 9/11 magnitude threat from a man they had trained to expertly kill other human beings. The VA storm-trooper in charge testified he lied under oath to the Grand Jury to obtain the indictment and that he, for no reason, held Donny’s elderly, disabled father at gunpoint AFTER the arrest. Despite all this the twelve morons returned a guilty verdict in less than half an hour. As an aside, at trial the government sandbagged me with thousands of pages of previously withheld discovery and they handed me the afore-referenced pistol LOADED in open court (I cleared it in disbelief).

Donny was sentenced to time served with the probationary condition that he continue his torture at the VA. When I walked into the hearing I was greeted by the AUSA and the VA goon who both suddenly agreed Donny was out of his mind during his “crime.” Donny accepted his sentence and declined both an appeal and a request for a Presidential pardon. I fear his condition will worsen, perhaps with morbid consequences. He is a delightful but pitiful and broken man. I was saddened and broken by this affair.

In modern Amerika Grand Juries, while supposedly independent in their deliberations, are little more than tools of State prosecutors.  The defense is usually excluded entirely. The State has the free reign to present any “evidence” no matter how contrived.

The trial that follows (if any) is a showing of prosecutorial imagination and juridical ignorance.  Less that 3% of defendants are acquitted under this system.  The innocent are convicted and often executed.  The lucky escape after years of torment.  Life goes on and things are not likely to change any time soon.

I will, shortly, present an alternative, if primitive, alternative to this mad, fixed system of “justice.”  Until then, be forewarned and prepared.

Tidbits, 3/22/2015

22 Sunday Mar 2015

Posted by perrinlovett in News and Notes

≈ Comments Off on Tidbits, 3/22/2015

Tags

America, Arizona, crime, death row, freedom, government, justice, material witness, military, Oregon, police, Posse Comitatus, wrongful conviction

I’ve got a few new interesting items in the hopper as well as some old ends that need to be tied up.  For now, a few newsworthy tidbits:

A man in Oregon has been in jail for two and a half years even though he is not accused of committing a crime.  He is believed to be the longest held material witness in modern history.  I have directly encountered this phenomenon before though never to this extreme.

A woman in Arizona was recently released from prison after serves 22 years for a wrongful conviction – 22 years on death row – for a crime she didn’t commit.  I’m writing a chapter-length article on this one.  Stay tuned.  The Sword of God people are surely disappointed in this turn of events though not as disappointed as God is in them and their “swords.”

People everywhere are suffering similar tragedies.  Keep voting for all those liars and maniacs…  Based on these stories I may revise How to Interact With the Police.

Two months ago I wrote Police State America whereby I recounted the militarization of our police and the trappings of Program 1033.  Now, it seems those police agencies are no longer content with machine guns and tanks.  Now they want A-10 fighter bombers in their arsenal.  I hope this is a hoax but this is 21st Century Amerika… A-10s would do a great job stopping private drones over the National.  These and other Posse Comitatus violations continue unabated.

Feeling lucky?

(Essex County, MA SWAT Team.  Google.)

In real news … March Madness continues full swing!

 

 

 

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