Thursday, December 29, 2016

The Latest Police State Extortion Racket: Imposing 'Booking Fees' on the Exonerated

Several counties in Kentucky and Colorado impose a booking fee on people held in their jails even if they are not convicted. The Colorado law specifically requires claimants to file a separate suit and prove they are innocent of the crime they have been exonerated of, the exact opposite of what criminal law is based on. It is a basic axiom of logic that the burden of proof falls on the individual, or in this case, government making a claim; the person denying the claim, that they are guilty of a certain crime, is never obliged to prove a negative. When the police begin to resemble the same criminals they were employed to apprehend, logic and semantics is turned on its head; slavery becomes freedom, war becomes peace, and 2 plus 2 becomes equal to 5. In the U.S. the police have become so criminal that they even break the laws of logic.

Repost: Concerning Virginia's Interdiction List

Originally posted on The Experience Project March 23, 2016

The state of Virginia maintains an interdiction list of residents who are prohibited from purchasing, possessing or consuming alcohol. A prosecutor can suggest that a person be added to this list, in a civil court, without the accused person's knowledge, and the accused has no means of appealing the decision.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; 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 defense.
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 offence 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.
Not only is this a direct violation of the 6th amendment and 5th amendment, the accused can also be arrested and prosecuted for having the faintest scent of alcohol or being in the company of people who are consuming alcohol or who are in possession of alcohol. This law is supported as a means to crack down on habitual drunkards, but we've already learned what happens when the government treats a mental illness as a criminal offense over the past 45 years.

Sunday, December 25, 2016

The Red Tape Times (article 13)

The Police State Forces Proprietors to buy CCTV Surveillance Systems 

The municipal government of Madison passed an ordinance forcing all businesses with a store of at least 2,000 square feet to install CCTV Surveillance Systems to 'make the city safer,' as if Madison is not safe enough. Madison, Mississippi has lower crime rates than 90% of the rest of Mississippi and 81% of other cities nationwide. Their crime rates are 64% lower than the national average with most incidents consisting of a couple hundred cases of petty theft and about a dozen burglaries in the past year. Even if their intentions are good, expedient policies like this one tend to hurt the same people it was intended to help in the long run. Officials have a habit of thinking only of the desirable effects of their policies and ignoring the precedent it sets for future intrusions of private property or the ways in which it could be abused to the detriment of the people it was intended to help by opportunistic officers. Apart from being a several thousand dollar headache for small-scale proprietors or even unaffordable for others, it gives the 'bad apples' the potential to stalk people for personal reasons unrelated to apprehending crime as they sometimes do with confidential databases and sets a precedent for giving the municipal government more control over how proprietors may operate and may subject them to warrantless searches of their residences if they run their business from home. However little crime this policy may deter, which there is not much to deter in the first place, is exceeded by the pain it will inflict on local proprietors, especially those barley able or unable to afford a CCTV surveillance system. The misery inflicted by an overbearing police state, which only has the tendency to grow over time, can only be avoided when governments are restrained to acting within the limits of the law of equal liberty; that every person should have the freedom to operate her business as she pleases provided she does not inhibit others from transacting with any other business or competing against her is apparent.

The Red Tape Times (article 12)

The Scourge of the Police State on Small Scale Proprietors and Innocent Tenants

In NYC, police use nuisance abatement to shut down small proprietors and put tenants on the streets, without charging them with a crime or allowing them their right to a criminal trial. These jackbooted thugs simply have to allege three instances of a crime being committed on the premise of a person's home or business, within a year, before a civil court judge, without the tenant or landlord being present to contest the allegations. They are usually allowed to use temporary closing orders to lock people out of their home/business for three days (five days if it occurs on a Friday).

This is according to a Propublica article published on Nuisance Abatement Action in New York
In New York, the NYPD begins nearly every nuisance abatement action by making an emergency appeal to a civil court judge without the landlord or tenant present, alleging the dangers a residence poses. Affidavits detailing three instances of a particular crime, such as drug dealing or gambling, in a one - year period are enough for a judge to authorize an action. The allegations can be based entirely on the work of confidential informants or undercover officers and need not have led to arrests
When they file a case, the police always ask the judge for permission to lock out the occupants of the residence until the case is resolved. These requests for what's known as temporary closing orders state that the location is being used in an ongoing illegal manner, and that the public health, safety and welfare require immediate abatement of the public nuisance. Police filings described purported offenses that occurred, on average, at least five months earlier for businesses and six months earlier for residence. 
Even worse, the NYPD use the threat of temporary closing orders to coerce tenants into giving up freedom of association and freedom from arbitrary searches and seizures.
At the courthouse, the NYPD's attorney usually offers to settle the case without going to trial - often by requiring tenants to bar specific people from their homes or to give up their leases. If tenants decide to fight the case, they may not be allowed to go home until the case is resolved. 
The settlements often impose provisions that critics say erode tenant's constitutional rights. The Daily News and ProPublica identified 74 cases in which tenants or homeowners agreed to allow warrantless searches in order to get back into their homes. They routinely waive their right to sue, and promise to vacate the home immediately and surrender their lease without going before a judge if accused of wrongdoing in the future.
The Daily News and ProPublica also identified 64 nuisance abatement actions against businesses in which no arrests were documented. Most of the businesses are small ethnic grocery stores or liquor store. The original intent of nuisance abatement was to shut down brothels, but whatever good it may have served is supplanted by the fact that it abdicates a moral and constitutional principle for the sake of expediency. The unanticipated consequences of expedient policing measures are bore out over time as the potential for abuse is realized and opportunistic officers seize upon them for personal gain. The same is generally true of statutes and judicial rulings which deviate from moral and constitutional principles for the sake of expediency. Nuisance Abatement, as presently practiced, is a clear violation of the 5th amendment which states:
"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."
Being locked out of one's own apartment or business for 3 to 5 days is a clear deprivation of liberty and property. If the NYPD were to lock residents out of their apartments and shut down proprietors after the conclusion of a criminal or civil trial in which the plaintiff and/or landlord is present, much less might be said against it.

Wednesday, December 14, 2016

Dothan Police Department Makes the Case for Civilian Review Boards

Originally posted on Experience Project December 1, 2015
This is last years news that I decided to repost due to its relevance to the subject matter of the blog and the continued expansion of police power in this country under one of the most militant administrations in recent history.

A racially motivated police conspiracy was uncovered in Dothan, Alabama which involved about a dozen officers and which was covered up by the lieutenant, a sergeant, and the district attorney. The evidence of this conspiracy is provided in the link below.

'The Alabama Justice Project has obtained documents that reveal a Dothan Police Department’s Internal Affairs investigation was covered up by the district attorney. A group of up to a dozen police officers on a specialized narcotics team were found to have planted drugs and weapons on young black men for years. They were supervised at the time by Lt. Steve Parrish, current Dothan Police Chief, and Sgt. Andy Hughes, current Asst. Director of Homeland Security for the State of Alabama.'

This is why every city should have a civilian review board composed of actual civilians. There is no reason why someone should be incarcerated and have their life ruined for an imaginary crime: a crime that they not only didn't commit, but that shouldn't be a crime in the first place. It's plain as day, unelected bureaucrats are not held accountable for their actions as PUBLIC SERVANTS. We have a constitution that is based on the checks and balances of power among the different branches of government. The police are an extension of the executive branch; it is common sense to have an external agency that investigates their practices and ensures that they don't abuse their power or violate the law. Civilian Review Boards should also not allow officers to be representatives because this would defeat the purpose of the agency. And on one last note, civilian review boards should also be representative of the demographics within a city to ensure that racial discrimination doesn't occur in law enforcement.

Saturday, December 10, 2016

Rothschilds Banker Forcible Removes Tribe off Their Ancestral Hunting Grounds


Survival International has learned that an elephant-hunting safari operation jointly owned by a French billionaire has been implicated in human rights abuses against local Baka “Pygmies” and their neighbors, including illegal evictions and torture.The operation is based in two “protected areas” in Cameroon, leased by Benjamin de Rothschild. It offers tourists the chance to pay €55,000 to shoot a forest elephant. Baka were evicted from their ancestral land to create the trophy hunting operation, contrary to international law. It is patrolled by soldiers, police and armed guards, and Baka have now been told they will be shot on sight if they cross it to hunt to feed their families, gather plants, or visit religious sites.The Baka report that three of their forest camps have been burnt by wildlife guards and safari camp employees in the last year alone. Baka men hunting for food in this forest have been beaten by local police, soldiers and wildlife guards.

It's perplexing to find examples of civilized people demonstrating less understanding of moral law than primitive people living in the jungle the same way our ancestors did millennia ago. It's as if moral progress has not kept pace with material progress and has in some regards remained stagnant or even declined. We live in societies ruled by absolute sociopaths and material progress has only broadened the distance between the ruling class and the ruled. The law of the jungle is more prevalent in our own civilized world than it is among primitive societies such as the Pygmy tribes in West Africa. At least within these primitive societies the Chief or whatever they call their leader, bears the same burdens they do, and has very little power to exploit other tribesmen.

The law of equal freedom grants every person the same right to use the earth and its resources, regardless of which stage of development his/her society is in. To prohibit them from hunting is to prohibit them from engaging in life sustaining activities. Providing a tilapia farm in compensation does not remedy the transgression, it simply puts the tribe at the mercy of the pseudo-conservationist and the Cameroon government, and gives them power over the tribe. And what would they be expected to do if a virus were to wipeout most or all of their stock? The forcible removal of the Baka people from their ancestral hunting grounds isn't some noble endeavor to prevent poaching; it is another application of the Doctrine of Discovery. 

Sunday, December 4, 2016

The Red Tape Times (article 11): Trump's Economic Ignorance is Astounding

Protectionism is an example of the broken window fallacy. Trump's tariffs will be passed off to consumers, reduce the amount of spendable income they have for other goods and services, and reduce profits, and therefore jobs available, for businesses that produce those goods and services. He is basically saying we can tax our way to prosperity. The burden of Trump's new tax will fall disproportionately on working class people who spend the greatest portion of their income on consumer goods. It would have the same effect that a national sales tax would or any other tax on wages.Tariffs only result in increased rents; wages may rise quantitatively but they will decline in proportion to the distribution of wealth, as they have for the past four decades (dropping from 52% of GDP to 42.5%).

The a priori conclusion is the same. The moral law is cosmopolite; it makes no distinction between country, ethnicity, or race. The right to engage in free exchange of goods and services between countries follows just as necessarily from the law of equal liberty as the right to engage in free exchange of goods and services within the same country. Furthermore, economic rights and social rights are one in the same. They are deducted from the same basic fact of life that each person's freedom of action must be mutually limited by each other person's freedom of action so that all may engage in life sustaining activity, which is necessary for the greatest happiness of all.

I have no faith in this clown. He has no clue how to fund the additional government largess he's proposed and will in all likelihood run up larger deficits than both Obama and Bush. What's even more remarkable is that this buffoon contradicted himself within the same thought without realizing it, saying he would lower taxes while also raising them in other areas. I wouldn't be surprised if there is a deep recession at the end of his term.

New Amendments to Rule 41 Gives Law Enforcement Carte Blanche to Search Your Computer

A set of new amendments to rule 41, approved by the Supreme Court and passed through congress, allows magistrate judges in any jurisdiction to issue warrants to remotely search computers that are outside of their jurisdiction.

“A magistrate judge with authority in any district where activities related to a crime may have occurred has authority to issue a warrant to use remote access to search electronic storage media and to seize or copy electronically stored information located within or outside that district if: (A) the district where the media or information is located has been concealed through technological means; or (B) in an investigation of a violation of 18 U.S.C. § 1030(a)(5), the media are protected computers that have been damaged without authorization and are located in five or more districts.”

Here again, we have another instance where the principle has been sacrificed for the sake of expediency. Any statute, executive order, or ruling has not only an immediate effect, but several distant, and usually unanticipated effects. It is the habit of short sighted men to only think of the immediate and desirable effects of their policies without regard to the past failures of similar policies. Every new statute, executive order, or ruling carries political momentum that sets into motion future laws of a similar nature; those which loosen restraints on governmental power tend to impel future laws in the same direction: towards relaxing more restraints on governmental power. Laws which restrict citizens' equal freedom tend to spawn more laws that restrict equal freedom until their natural rights are completely eroded away. The 45 year old monstrosity known as the war on drugs has spawned civil asset forfeiture, anti-structuring laws, and ever increasing loopholes for warrantless searches of private property. The 15 year old monstrosity known as the war on terror has opened a pandora's box of new police powers only a fraction of which I have documented and repudiated on this site. The only remedy to an expanding police state and the erosion of natural rights is to remain firm in ethical and constitutional principles without giving an inch to these careerists. If you give them an inch and they'll take a mile. 

Friday, December 2, 2016

Know Nothing Bimbo Regurgitates Exploded Corporate Propaganda Talking points about DAPL

Discredited ideas never seem to die. We live in an age where Cartesian dualism and Malthusian population theory still hold sway in popular opinion. Hell! There's even a flat earth society. You would think that the free competition of ideas and open debate would tend to eliminate invalid ideas and promote sound ideas, but a combination of social engineering, centralized control of the media, and plain ole bias human nature has rendered such an ideal unattainable. The closest thing we have to free competition of ideas is the alternative media and that may soon disappear.

0:14 - 0:28 Genetic Fallacy

Simply being from South Dakota and having family in North Dakota does not make your arguments valid or your conclusions sound. Even people that live in those states must find primary sources otherwise they are merely relying on gossip.

0:39 - 0:46 Rail Car transport is actually safer than pipeline if you're talking about the quantity of oil spilled and not the frequency of spills

As I noted in Corporate Propaganda about DAPL Exposed (Part 2)

One of the talking points that the Big oil lobby and their useful idiots (neoliberal dupes) like to tout is that pipelines are the safest way to transport oil. This of course is nothing more than a sleight of hand. If by safer, they mean that pipeline leaks occur less frequently than rail and truck spills, then they are correct.

According to the '2013 Oil Medium - Term Market Report', produced by International Energy Agency, the rail versus pipeline incident ratio is 2:1, that is to say, the risk of a train spill is two times higher than that of a pipeline leak.
'Our calculation implies 0.09 incidents and 26 barrels released per 1 billion barrel-miles of crude oil transported by pipeline during a 2004 - 2012 period. Comparing that with figures for rail, we quantify the risk of a train incident to be 6 times higher than that of a pipeline, while pipelines spill 3 times more per 1 billion barrel miles of crude oil transported, over the 2004 - 2012 period. '
'Any spill constitutes a railway incident in these calculations, while only spills over 5 gallons constitutes a pipeline spill. Putting both modes of transport on a level playing field by considering spills over 5 gallons only, the rail versus pipeline incident ratio would be only 2:1. '
However, if by safer they mean the amount of crude spilled is less, then rail and truck transportation is safer than pipeline transportation.
'Increasing volumes of crude oil transported by rail raise questions of safety. Our analysis reveals that compared to pipelines, rail incident rates are higher (2 times higher) while the opposite holds for spill rates.' 
Comparing that with figures for rail, we quantify the risk of a train incident to be 6 times higher than that of a pipeline, while pipelines spill 3 times more per 1 billion barrel miles of crude oil transported, over the 2004 - 2012 period. '
Pipelines spilled 25.9 barrels per 1 billion barrel miles of crude, while trains spilled 8.6 barrels per 1 billion barrel-miles of crude oil. Within in the same time period, pipelines released 424,000 barrels of crude while trains released 2,269 barrels of crude. Clearly transporting crude by pipeline is less safe than transporting crude by rail car, and neither is safe in the long run. Perhaps when they said 'safer' they meant cheaper.

Notice that Tomi does not cite any facts, figures, or statistics in her argument, just cheap appeals to authority and wild grasping at straws.

1:02 - 1:06 Does Tomi even logic?

Does she realize that their current water intake is already downstream from the pipeline and that moving it further downstream doesn't prevent contamination?

1:11 - 1:15 Strawman

The pipeline is on tribal lands, said no one ever. If you can't cite any source or example of this claim then I have no recourse but to assume that you pulled it out of your ass to make your opponents look incredulous.

1:44 400 meetings in two years? And the tribal leaders never bothered to show up to any of them?

Wherever Tomi got her numbers, and I suspect she got them from the same site I debunked back in October, the fact of the matter is that tribal council members met with DAPL representatives as early as September 30, 2014: 3 months before the company applied for a permit and 20 months before they began construction.

The Tribal Historic Preservation Office contacted the Army Corps as early as February 2015, several months before construction began, and again in April of the same year, without receiving a response to any of the concerns they raised, their request for an environmental impact statement and and their request for tribal consultation.

Oddly enough, the former Stand Rocking historic preservation officer did file court documents in the beginning of August that provided details concerning culturally and historically significant sites.

2:01 Poisoning the well

Lets compare apples to apples

As I noted in Corporate Propaganda About DAPL Exposed (Part 1) Dakota Access couldn't have even started the project without 'infringing on private property.' Of course, like all good neoliberal thugs, they had the government to do their dirty work.
'Dakota Access filed suit against the Minnehaha County landowners in April (2015), saying its surveyors need to check all properties along the proposed route to determine if the land is suitable for an underground crude oil line. The company has filed similar legal action in Lincoln County against others.’
Minnehaha County, SD judge, Mark Salter, granted DAPL the right of way to survey the property of 24 landowners months before the PUC even permitted construction, which suggests the PUC hearing was nothing more than a formality, and Judge Mark Salter was simply streamlining the construction process i.e. the landowners who “voluntarily" agreed to easements didn’t have any other choice.
'Joy Hohn, one of the landowners involved in the case, said she was "highly disappointed" by the ruling.'
"An oil leak to the west of Sioux Falls could run through farm drainage tiles and tributaries that go through the Sioux River, Skunk Creek and Wall Lake," Hohn said. "This would affect the water aquifers for Sioux Falls and surrounding communities.”
Joy's husband Rod Hohn said after the hearing that he feels as though opponents are "fighting a losing battle.”
"They're just pushing this thing through with an iron fist," he said.
 DAPL doesn't shy away from using brute force wherever they meet resistance. Landowners that aren't willing to 'voluntarily' allow construction on their land, which is agricultural for the most part, actually don't have a choice after all; the holdouts in Iowa found this out the hard way.
'Dick and Judy Lamb, a farm couple with land west of Ames (Iowa) that will be cut diagonally by the pipeline, said they were informed Monday that their crops had been cut but were told they would not be notified 48 hours prior to construction commencing on their land.’
"There just aren't words to describe having the government seize your land and destroy it and have no recourse and nothing you can do. It's an anger and a hopelessness that I have difficulty expressing," Dick Lamb said.  
It appears Tomi cares about property rights as much as any Republican politician does, which is to say she only cares about the property rights of the Republican's corporate donors. Apparently violence and vandalism are ok when the government does it on behalf of private corporations; how very conservative of her.

2:37 The mainstream media has been silent about the protests.

Has Tomi been anywhere outside of the echo chamber circle jerk that is the alt right spin zone? MSM has said next to nothing about the protest. Nada. Zilch.

The only source she cited in her video is her Facebook which is filled with the most vain and mind numbing stupidity.

Oh, did I mention that the oil moved through this pipeline will be exported to Asia. So much for all that talk about 'energy independence' and all that other hot garbage.